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To: Jacquerie

(good lord this was a pain to put together, pdf files suck.)

Answering the John Birch Society Questions about Article V
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1. What ails America?
Is it our Constitution or our Congressional, Presidential, and bureaucratic non compliance with the Constitution?
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2. If our Constitution is the problem, what exactly do we need to change in it and why can’t that be done by the method that all 27 amendments have undergone to change the Constitution?
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3. If the problem isn’t the Constitution, but rather unfaithfulness to the Constitution, how will changing the Constitution remedy the problem?
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4. Who is in charge of calling the convention according to Article V?
If Congress calls the convention, as Article V says it does, who decides how many delegates each state gets?
Will the number of voting delegates be population based or will each state get one vote or will another method be used?
Are these questions thats tate legislatures are charged with deciding or does Article V say that Congress decides?
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5. At the convention how many amendments can be proposed?
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6. Where are the amendments proposed according to Article V?
Are the amendments proposed before the convention of the states or are they drafted and deliberated upon at the convention by the delegates?
Are those who support the convention under the assurance that it won’t be a runaway convention contradicted by their own statements (not to mention Article V) which support the idea that the amendments are proposed, deliberated, and drafted at the convention itself?
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7. If we aren’t following the Constitution now, would it be logical to assume that once we pass amendments to the Constitution, then the new amendments and the Constitution will be followed?
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8. Do the proponents of the Article V Convention assume that the progressives, globalists, socialists, and liberal Democrats will sit out this convention?
Or will they vie and struggle for the delegate seats?
What political theories will dominate the Article V Convention?
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9. Do the proponents of an Article V Convention truly consider the risks associated with the congressional right to decide upon the method of ratification of the proposed amendments?
What if Congress chooses the state ratification conventions as the method of ratification, won’t the legislatures then be cut out of the ratification process altogether?
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10. If this is just a “convention of states” and not a constitutional convention are you content with the political atmosphere and morality of the current representatives in your state government?
Does it give you comfort to know that those public servants at your state level of government will be able to make changes to the Constitution?
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11. One proposed “Liberty Amendment” allows 3/5 of the U.S. House and Senate to overturn any Supreme Court ruling.
But Article III, Section 2, Clause 2 grants Congress the power, with only a simple majority of both houses of Congress, to overturn Supreme Court rulings by limiting the appellate jurisdiction of the Supreme Court.
Does the proposed “Liberty Amendment” strengthen or weaken this congressional check on the Supreme Court?
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12. One proposed “Liberty Amendment” requires 30 states to agree in order for the states to overturn federal law.
As written, the Tenth Amendment of the Constitution clearly allows any one state to nullify federal law that exceeds its enumerated powers.
Does this “Liberty Amendment strengthen or weaken the position of the states?
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13. Proponents of the convention say that one great security against a runaway convention is that only thirteen states have to choose not to ratify, thus guaranteeing that bad amendments won’t be ratified.
Can you name those thirteen states you can count on to oppose such bad amendments?
The Sixteenth and Seventeenth Amendments were passed with similar safeguards in place.
Why didn’t enough states stand up against those amendments to prevent their
ratification?
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14. Proponents of a convention say that the Constitution can’t be destroyed because Article V only authorizes amendments to “this” constitution.
By definition, amending the Constitution is changing the Constitution, and in Article V there is no limit to the number of amendments.
So is there any assurance that certain amendments will be off the table?
Doesn’t amending the Constitution create a new Constitution?
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15. Could the method of ratification for these proposed amendments from the convention be changed?
Didn’t the original Constitutional Convention of 1787 create its own rules for ratification in contradiction to the requirements of the Articles of Confederation?
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16. Is our federal government out of control? That is to ask, has it escaped the boundaries of the Constitution?
Is Congress operating outside of the powers delegated to it under Article I?
Has the concept of federalism been overthrown to a large degree by an oppressive central government?
Of course, but what is the proper remedy?
Do we have a constitutional problem or a problem following the Constitution?
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8 posted on 02/18/2014 2:06:23 PM PST by Repeal The 17th (We have met the enemy and he is us.)
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To: Repeal The 17th

Thanks for collating the questions. I would still be fiddling around with html and messing it up.


10 posted on 02/18/2014 2:13:11 PM PST by Jacquerie ( Obama has established executive branch precedents that no election can reverse. Article V.)
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