The constitution gives the states the power to reign in an out of control federal government; so why isn't it being done?
Ten states now have taken the first step toward limiting the power of the federal government. Officials from Arizona, Massachusetts, Missouri, Montana, New Hampshire, New Jersey, North Dakota, South Carolina, Virginia and Wyoming have filed resolutions calling for a convention of states that would propose amendments to the U.S. Constitution with the express purpose of limiting the power and jurisdiction of the federal government. Governor Bobby Jindal has thrown in his support for an “Article V. Convention of States. http://www.conventionofstates.com/governor_bobby_jindal_endorses_the_convention_of_states_project
Article V. of our Constitution gives the states the power to call such a convention for the purpose of amendments by the states, and the constitution stays in place during the process.
“The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress.”
Mark Meckler, president of Citizens for Self-Governance, co-founded CSG’s Convention of States Project, which is currently working to convince the necessary 34 state legislatures to pass bills calling for a convention of states.
Meckler said that, in addition to the 10 states that have already filed, he expects another 15 to 20 states to file resolutions for a convention in the next few weeks “We will have legislation introduced in enough states to get to 34,” Meckler said.
The need for the states to limit federal power did not suddenly arise overnight. A convention of states should have been held years ago. However people are only now beginning to understand the power that Article V. gives the states.
If the states can agree to have a convention, they should be able to agree on some amendments as well. Two things I would personally like the convention to do – impose term limits on all federal offices of all three branches, and give states the power to repeal federal laws by a majority of states; the number of states required to be established by the amendment, and last but not least reaffirm the requirement for an intrinsic backed currency system.
The FEC has ruled in favor of those who support and are working for an Article V. Convention of States to be called by the states.
Read more at http://conservativebyte.com/2014/12/fec-sides-convention-states-d-c-cant-control-delegates/
There has already been quite a discussion regarding the pro's and con's of a Convention. Here is one article some of your may wish to read:
Not to mention;
Do not miss the comments by Publius Huldah
Mark Levin has just published his much-anticipated book The Liberty Amendments: Restoring the American Republic. Three of his eleven proposed Constitutional amendments appear below, and a Sean Hannity interview of Levin appears at the bottom of this post.
Levin’s book is centered around the Constitution’s Article V (aka “Article 5″). That article specifies two methods for amending the Constitution. Just briefly –
- In the first method of creating amendments, Congress proposes and the States dispose.
- In the second method of creating amendments, the States propose and the States dispose.
The second method has never been used successfully, although there have been many attempts. It is that second method that the Founders provided as a remedy for an overreaching federal government.
In the second method, neither Congress, nor the President, nor the Supreme Court have any voting or veto authority whatsoever. The states are in full control. Period. It is, by design, the ultimate override for an over-spending, over-taxing, over-regulating, and increasingly dictatorial and lawless federal government. Clearly, its time has come.
In that second method, Congress has at most a mere ministerial role. Of course Congress is very protective of its power, and could, through delay and inaction, attempt to convert their mere ministerial role into a de facto veto power, halting any attempt for a state-driven amendment action.
Apparently Congress has done exactly that many times, acting in bad faith and contrary to the Framers’ spirit and intent for Article V which is clearly expressed in the Federalist Papers. Legal scholars have been trying to find a way around the federal government’s intransigence, so far with little success.
Now more than ever, it is time for We the People to bring the power of Article V to the center ring of American politics. That starts with awareness, and Levin’s book will bring more Americans than ever to the fight for a Constitutionally limited federal government.
Three of Levin’s proposed amendments appear below. As you read these, imagine what just these three alone could do to break up the ruling-class cliques in Washington that have driven us, our children, and our grandchildren so deeply into debt.
An Amendment to Establish Term Limits for Members of Congress
SECTION 1: No person may serve more than twelve years as a member of Congress, whether such service is exclusively in the House or the Senate or combined in both Houses.
SECTION 2: Upon ratification of this Article, any incumbent member of Congress whose term exceeds the twelve-year limit shall complete the current term, but thereafter shall be ineligible for further service as a member of Congress.
Two Amendments to Limit Federal Spending and Taxing
SECTION 1: Congress shall adopt a preliminary fiscal year budget no later than the first Monday in May for the following fiscal year, and submit said budget to the President for consideration.
SECTION 2: Shall Congress fail to adopt a final fiscal year budget prior to the start of each fiscal year, which shall commence on October 1 of each year , and shall the President fail to sign said budget into law , an automatic, across-the-board, 5 percent reduction in expenditures from the prior year’s fiscal budget shall be imposed for the fiscal year in which a budget has not been adopted.
SECTION 4: Total outlays of the federal government for each fiscal year shall not exceed 17.5 percent of the Nation’s gross domestic product for the previous calendar year.
SECTION 5: Total receipts shall include all receipts of the United States Government but shall not include those derived from borrowing. Total outlays shall include all outlays of the United States Government except those for the repayment of debt principal.
SECTION 6: Congress may provide for a one-year suspension of one or more of the preceding sections in this Article by a three-fifths vote of both Houses of Congress, provided the vote is conducted by roll call and sets forth the specific excess of outlays over receipts or outlays over 17.5 percent of the Nation’s gross domestic product.
SECTION 7: The limit on the debt of the United States held by the public shall not be increased unless three-fifths of both Houses of Congress shall provide for such an increase by roll call vote.
SECTION 8: This Amendment shall take effect in the fourth fiscal year after its ratification.
SECTION 1: Congress shall not collect more than 15 percent of a person’s annual income, from whatever source derived. “Person” shall include natural and legal persons.
SECTION 2: The deadline for filing federal income tax returns shall be the day before the date set for elections to federal office.
SECTION 3: Congress shall not collect tax on a decedent’s estate.
SECTION 4: Congress shall not institute a value-added tax or national sales tax or any other tax in kind or form.
SECTION 5: This Amendment shall take effect in the fourth fiscal year after its ratification.
An Amendment to Restore the Senate
An Amendment to Establish Term Limits for the Supreme Court Justices and Super-Majority Legislative Override
An Amendment to Limit the Federal Bureaucracy
An Amendment to Promote Free Enterprise
An Amendment to Protect Private Property
An Amendment to Grant the States Authority to Directly Amend the Constitution
An Amendment to Grant the States Authority to Check Congress
An Amendment to Protect the Vote
We've all been fighting alligators for a very long time. Maybe this is the way to start draining the swamp!
If a video post does not appear below, go to http://youtu.be/X1gu9a9eOgA
As Tuesday approaches I want to wish everyone a blessed CHRISTmas. As you experience Christmas this year consider the importance of this holiday. For example, there are over 2 billion people worldwide who not only celebrate Christmas as a holiday but also how the birth of a child permanently changed the world.
Children are precious. Keep in your prayers those 20 children who died in Connecticut along with their families. But life also is about balance. Therefore balance your prayers to include the 53 million babies and children that are not here today since Roe v Wade in 1973 (out of sight does not mean out of mind).
For 2 billion Christians, they strive to live out the message of Christmas not just for one day or one month, but as a way of life 12 months a year. Among those principals include compassion, love, humility, and forgiveness. From a balanced perspective I say how can that many people be wrong?
Finally, please pray for leaders (Herod? & Caesar?) who have the task of preventing a national catastrophe in the years ahead from their decisions today. And don’t spend more than you can pay back over the Christmas holiday despite the temptation to follow the example of others as making it seem ok. And remember those who cannot afford gifts and sometimes even food, not just over this holiday, but all year long.
God bless each and every one as you experience the wonder of Christmas. Richard
Many Tea party Patriots agree that changes must be made if we are to return our country to the constitutional republic created by the framers and implemented by our founders. Our system of government was designed to be complicated and cumbersome so as to protect the rights of the people and the individual states. It is the expansion of federal power by ignoring and circumventing the intended checks and balances provided by our constitution in all branches of our federal government that has eroded our individual and states’ rights. The list of things that need to be corrected, repealed, overturned or nullified in order to put things right is a long one, and I would not presume to dictate either the content of such a list or the order of importance. I do suggest that this list of issues requiring redress includes action items for every branch of our government. Some things should be legislated, some corrected by the Executive branch and some require further judicial action if we intend to affect these changes within the boundaries of our legal government. Herein lays the problem since the people who are in control, or who are likely to be in control, of our government are no longer responsive to the people who they are supposed to represent.
We have a very important election coming up and one would like to think that if we change the players they will do the right things and set our country back on the correct path. History shows us that result is unlikely since it is dependent upon those who hold the power and control the means of wealth to voluntarily reduce their own power and relinquish some of that control as part of making the requisite changes. We all hope the election will stop the bleeding by terminating the reign of the present administration, but I believe we should have a plan B just in case.
There is another way in which we can return power to the states and the people, a way that is totally within the legal boundaries established by our constitution. This method is cumbersome by design and requires active participation of at least 37 of the states acting together to force these changes on those elected and appointed representatives that refuse to comply with the wishes of the electorate. I refer to an Article V amendment convention as requested by application of two-thirds of the individual states. This proposition would not be easily accomplished and I do not suggest we abandon other means available for seeking redress of these critical issues. I am suggesting that our elected officials will need some incentive to step up and make the changes we demand. I am suggesting this incentive take the form of a committee (or a group of committees) formed by representatives from all the states for the purpose of creating and prioritizing our list of issues that must be addressed soon.
Tea Party groups in every state are working to elect better representatives for both state and federal offices. That is absolutely the correct first step and the preferred approach. I hope that the ranks of Tea Party Patriots now include some of those elected to State offices and others influential in State government. If we can assemble a group comprised of three to five motivated patriots from each state into a virtual committee of the whole we might be able to make real change happen in our lifetimes. This group could segment itself into smaller committees tasked with bringing recommendations to the whole body to be considered for inclusion in a list of issues that would be approved by a majority of states and targeted for action to the appropriate branch of the federal government or to the states for individual but coordinated resolution. Some issues might require the Article V amendment convention and it is this possibility backed by tacit agreement of at least 37 states that will provide the incentive for our elected representatives to do the right thing for our country for a change. In addition, this group of states working together can effectively nullify any law or dictate from our federal government, and this does not require an amendment to the constitution.
This working group would not be a constitutional convention but would be focused on determining the most critical issues to be resolved in order to restore our constitutional republic as created by the framers and implemented by our founders. However, if an Article V amendment convention is required we will already have a consensus among a majority of the individual states regarding what topics such a convention should address. Such a group of States, all in agreement, is authorized by our constitution to make amendments to our constitution without the approval of Congress, the President or the Judiciary. The realization that a cohesive group of states is ready to take such action may turn out to be a source of powerful persuasion with our elected federal representatives.
I welcome your comments and suggestions regarding this bottom up approach. If you agree and would like to participate please indicate that in your response. I am hoping the Tea Party groups from each state can convince the right people to participate in such an endeavor. My sense is we will need to work with both the state legislatures and the state Attorneys General to generate maximum effectiveness.
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