Posted on 01/16/2016 7:00:40 AM PST by cotton1706
Dear Mrs. Schlafly,
I grew up hearing about your amazing work on behalf of conservatism. As a woman, a conservative activist, and a constitutional attorney, I have always admired you as a model of each. So I am disturbed to find myself on the opposite side of you on the issue of the Convention of States Project-the effort to trigger a state-led, Article Five convention to propose constitutional amendments to restrict and reduce federal power.
At the risk of seeming impertinent, I am compelled to address some of the points you raised in your recent letter urging state legislators to resist this effort.
You say that the states should abdicate their Article Five power because the Constitution doesn't spell out every procedural detail of an interstate convention. But as constitutionalists, you and I know that what detail is missing from Constitutional text must be supplied by an understanding of the context and meaning of the words when they were written.
And that is why we do know precisely how an Article Five amendment-proposing convention must operate.
The same constitutional history that tells us that federal criminal jury verdicts must be unanimous for a conviction tells us that interstate conventions are gatherings of state-appointed delegates and that every state receives one vote regardless of population. That is the only way interstate conventions have ever operated in America, and there is zero basis for suggesting that a modern interstate convention would or could work any other way.
(Excerpt) Read more at theblaze.com ...
ping
I am highly sympathetic to a convention of the states. But I have a feeling in my bones that TPTB will somehow manipulate, bribe or blackmail their way into control...and then say goodbye to our liberties.
They're disappearing rapidly right now. Maintaining our current course guarantees that our liberties will methodically be stripped away.
Agreed we are losing liberties and freedoms, but a convention has landmines and pitfalls. Who will be the leaders in this convention? It will not be constitutionalism, it’ll be the same leaders of both parties that we contend and battle with today. A convention puts the entire Constitution on the table to amend, what if strengthening State rights over Federal control is horse traded by “our leaders” to amend or remove the 2nd amendment?
WE don’t need a convention to write language to strengthen State rights over Federal rights, those rights are quite clearly stated in the Constitution. We need States to continue challenging the Fed overreach.
This was a Great writing by Rita Dunaway! I’ve mostly agreed with Phyllis Schlafly all my life but she is wrong on this.
To your point on “losing liberties”, I think the point of this spear is Ammon and Ryun Bundy. I admire their courage in standing up to the Feds.
I am NOT sympathetic to a convention of the states. The intellect of any American is not even close to the intellect of a Jefferson, Madison, Adams or Franklin. And the life experiences of any living person is so shallow and effete and FAR removed from Reality compared to the rugged individualism of any person who grew up in the 18th century, even that of the wealthy, who never stepped into mass artificial indoctrination centers with the Fichte/Marxist ideology pumped in night and day to warp all perceptions/Reality. Much less the embedded emotions by the sodomites in Hollywood who have been raping thousands of children in their satanic, drugged orgies (Feldman) and forcing their worldview (desires/attitudes) into their products to be embedded in our children.
Education was entirely Christian and Classical by tutors inside the Natural Family, and only later, after moral formation was any child allowed in any kind of system, removed from mother and father’s control. The ideas were controlled by parents; what went into the heads of their children was a Christian Worldveiw only with the ideas of the geniuses of the Ages, which created Wisdom to a degree that is absent today.
There can be no improvement on the Supreme Law of the Land. NONE. The Constitution has been totally usurped and discarded, since the early 20th century which was done unconstitutionally, and could be changed back with a stroke of any pen by any judge, if they had the courage to defy the evil power.
All unjust law is “null and void’-—the Nuremberg Courts stated that for God’s sake. We just have to get back to OUR ‘Justice” (virtue) System and not Stalin’s. Control of Words/meanings is how the Left destroyed our Constitution. We just have to take back the definitions of the actual Words in our Constitution and our “Justice” system and eject arbitrary, evil, unequal “laws-—which are ALL unconstitutional anyhow. Almost every law on the books now is unconstitutional. We need to EJECT them-—no Constitutional Convention is needed.
When a Law ceases to be Just (antithetical to the Constitution), it is “Null and Void”. Simple as that.
The Shadow Government, the one with trillions of dollars, has enough money to bribe and seduce every single member of any convention. And they WILL bribe them—or kill them. We NEVER want ANYONE to be able to rewrite the most brilliant political document in the history of mankind.
P.S. Schlafley is one of the few people whom I could trust, and I question everyone, but God.
I am not sympathetic I am all in, we are going down fast and there is no rescue in site, if we are going to go down we should go down fighting. I don’t see any other alternative this is exactly the situation the founders had in mind.
You’re right the enemies of our republic will try to manipulate but that should not be an excuse to do nothing as we are on the ropes if not down for the count on the floor, we must fight back to our feet, they are already winning, yes sir we are that close to defeat.
Sure doesn’t tell you who the delegates will be, and that is only one issue, there are many others. How about we get close to an Article V that will scare the h e double q out of the Congress and they finally step up and do their job.
...and maybe you think you will have a seat at the table?
***
The amendatory process under Article V consists of three steps: Proposal, Disposal, and Ratification.
Proposal:
There are two ways to propose an amendment to the Constitution.
Article V gives Congress and an Amendments Convention exactly the same power to propose amendments, no more and no less.
Disposal:
Once Congress, or an Amendments Convention, proposes amendments, Congress must decide whether the states will ratify by the:
The State Ratifying Convention Method has only been used twice: once to ratify the Constitution, and once to ratify the 21st Amendment repealing Prohibition.
Ratification:
Depending upon which ratification method is chosen by Congress, either the state legislatures vote up-or-down on the proposed amendment, or the voters elect a state ratifying convention to vote up-or-down. If three-quarters of the states vote to ratify, the amendment becomes part of the Constitution.
Forbidden Subjects:
Article V contains two explicitly forbidden subjects and one implicitly forbidden subject.
Explicitly forbidden:
Implicitly forbidden:
Reference works:
Proposing Constitutional Amendments by a Convention of the States: A Handbook for State Lawmakers
State Initiation of Constitutional Amendments: A Guide for Lawyers and Legislative Drafters
The convention will elect it's own leaders. Why is this important?
"it'll be the same leaders of both parties that we contend and battle with today"
No, the Washington elite will not be in control o the convention. That's the whole point.
"A convention puts the entire Constitution on the table to amend"
I don't know where this comes from. Any proposed amendments must be ratified by 3/4's of he state legislatures. This means that any 13 states can say, "No".
The greatest danger from a convention is not that something bad will come of it, the greatest danger is hat nothing will come of it at all!
". . . to amend or remove the 2nd amendment?"
Is the 2nd Amendment secure today? What if Ubama gets one more appointment to the Supreme Court replacing a conservative? Will it be secure then?
"We need States to continue challenging the Fed overreach."
How do you suggest they do that?
You’re right the enemies of our republic will try to manipulate but that should not be an excuse to do nothing as we are on the ropes if not down for the count on the floor, we must fight back to our feet, they are already winning, yes sir we are that close to defeat.
Totally agree. A great article by Rita Dunaway. It's Article V Now or we go down without a fight. We're Americans! We fight!
Two other articles by Rita Dunaway:
The Article Five Solution - The Founders Would Want Us To Use It
To summarize from a previous post by GraceG:
1. Elect More Republicans - Failed due to RINO/Uni-party confluence.
2. Article V Convention of States to propose Amendments - Needed to try to take power from the federal government back to the states and reel in the federal leviathan.
3. State Nullification - Last ditch effort to try to take power back from the federal monster, though by this point it may be too late.
4. State Secession - Could either end up peaceably like the breakup of the Czechoslovakia in 1993 or a brutal:
5. Civil War II like the first one.... The longer we wait on #2, the more likely #3, then #4 and finally #5. .
So, do we do nothing and just wait for # 5?
Quick review: We need 34 states to pass an application, then Congress shall, by law, call a Convention of States as soon as it receives applications from 2/3 of the State Legislatures. That's 34 states. (So far both legislative chambers of 4 States, {Alabama, Alaska, Florida and Georgia}, have completely passed their resolutions and 36 state legislative chambers or bodies have filed or passed resolutions.) Amendments are proposed and voted on at the convention. Each Amendment must be ratified by 3/4 of the states in order to become part of the US Constitution. That's 38 states.
"There are far more political and legal constraints on a runaway convention than on a runaway Congress." - Robert Natelson
Most FReepers are aware of these links, but I post anyway for review and for people new to Article V. It is our responsibility to make Article V the most understood aspect of the US Constitution.
****Please see this summary video from Alabama first: Convention of States - Alabama Way to go Alabama! A great introduction!
***Another good introduction video Convention of States: The Plan to Restore America
***For the Young People Overview of the COS Project at Washington Freedom Summit Laura Fennig, a COS Grassroots Coordinator, describes the COS Project plan and how you can get involved!
Rep. Bill Taylor introduces a Convention of States
Convention of States Live! with Mike Farris
The Case for an Article V Convention. Great explanation of an Article V convention to the Massachusetts State Legislature.
**** Convention of States Lots of information here.
Learn about the Convention of States The Problem, the Solution and the Strategy
Call a Convention A call for a Convention of States
Missouri state senator delivers amazing testimony (video) Reasoned speech on why we need an Article V Convention.
Article V Project to Restore Liberty Another good source.
Convention of States model Resolution
A Summary of Mark Levin's Proposed Amendments by Jacquerie
Chapter 1 of Mark Levin's Book, The Liberty Amendments
Mark Levin, Constitution Article V, and the Liberty Amendments
Mark Levin: "The Liberty Amendments" - Complete Sean Hannity Special + other Links
List of Mark Levin You Tube Videos
Citizens for Self-Governance: Convention of States Project Youtube hub - Lots of educational videos here
Mark Levin Article V, Liberty Amendments youtube video hub
Three hour video of C-Span interview with Mark Levin
*** Mark Levin's ALEC Speech, Dec 4, 2014
Gaining Steam? Nearly 100 Lawmakers Descend on Mount Vernon to Talk Convention of States The beginning.
Curing Federal Dysfunction by Constitutional Amendment: A Primer Professor Rob Natelson
Our American Constitution, Article V Rob Natelson's Article V articles
We can fight the uniparty! States, the Natural Second Party by Jacquerie
Convention to Propose Amendments to the United States Constitution
The Other Way to Amend the Constitution: The Article V Constitutional Convention Amendment Process
Friends of Article V Convention Links
The Indiana Statute that will Govern their Delegates
Congress' Present Duty to Call a Convention:
Congress' Present Duty to Call a Convention. (Part I)
Congress' Present Duty to Call a convention. (Part II)
Congress' Present Duty to Call a Convention. (Part III)
Congress' Present Duty to Call a Convention. (Part IV)
Congress' Present Duty to Call a Convention. (Part V)
Congress' Failure to Call an Amendments Convention. (Part VI)
Ulysses at the Mast: Democracy, Federalism, and the Sirens' Song of the Seventeenth Amendment by Jay Bybee. Repeal the 17th! Shorter Abstract here: Ulysses at the Mast, one page Abstract
****For those of you that still have doubts about the Article V process, please review: Responses To Convention Of States Opposition My initial concerns were resolved after reading these articles. My attitude now is Go For It!
Sarah Palin: Debunking the myths of a Convention of States
Five Myths About Article Five by Rita Dunaway
An Open Letter to the Anti-Convention of States Group by Rita Dunaway
The Article Five Solution - The Founders Would Want Us To Use It Other Rita Dunaway Article V articles Here
A Single-Subject Convention Addresses the "runaway convention" fear.
John Birch Society Denies Its History and Betrays Its Mission The original Birchers were for an Article V Convention.
Update: Convention of States by the numbers The current State count
Convention of States Gaining Momentum
***Indiana Statute - Duties of Article V Convention Delegates A good example for other states and one of the safeguards.
****Proposing Constitutional Amendments by a Convention of States - An Article V Handbook for State Legislators An important resource.
****State Initiation of Constitutional Amendments: A Guide for Lawyers and Legislative Drafters The Bible on Convention of States
**** State Legislators Article V Caucus State Legislators, Join up at this site!
Most State Legislatures are in session now. Send this list of links to your State Representatives and Senators here: Contact your State Legislators.
Sample Letter to state Representatives regarding the Convention of States Project and also, Talking Points.
Excellent Article V Letter to a State Assemblyman by Jacquerie
"All that is necessary for the triumph of evil is that good men do nothing." - Edmund Burke.
Let's all work together to get this going!
My sincere thanks for that post, I have been saying the same thing ever since I first learned of the movement to call a convention.
Here is where we are at:
Article V even if Futile is a needful step to take, otherwise we will lose the high ground.
1. Elect More Republicans - Failed due to RINO/Uni-party confluence.
2. Article V Convention of States to propose Amendments - Needed to try to take power from the federal government back to the states and reel in the federal leviathan.
3. State Nullification - Last ditch effort to try to take power back from the federal monster, though by this point it may be too late.
4. State Secession - Could either end up peaceably like the breakup of the Czechoslovakia in 1993 or a brutal:
5. Civil War II like the first one.... The longer we wait on #2, the more likely #3, then #4 and finally #5. .
So, do we do nothing and just wait for # 5?
Will you please add me to this ping list. Thank you.
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