“Once it’s open, they could take up any number of things”

Constitutional Scholars warn against CON CON

• Once a Con Con is called it cannot be limited in scope. Dr. Edwin Vieira, Chief Warren Burger and others explain article V.
• Legislators can apply to congress for a convention but have no power over what the topics which will be considered. the danger as laid out in an Article V video.
• Article V sets up a 3 step process.

Step 1. 2/3s of the legislatures apply to congress to call a convention.

Step 2. Congress calls the convention while deciding other details, such as where the the convention will meet, how delegates are to be paid and how much. They decide how many delegates there will be and how they are chosen. NOTE that nothing in the Constitution says that they delegates will be elected by the people. Congress is given a free hand in determining the method of selecting these delegates. Congress can choose the delegates because they are given a blank check. they can provide for an election but it is not required. Supreme Court Justice Arthur Goldberg has warned that the absence of specific language to guarantee that we choose, could put the convention in control of special interest.”… the absence of any mechanism to ensure representative selection of delegates could put a run away convention in the hands of single-issue groups whose self-interest may be contrary to our well-being.”

The congress can determine how many delegates each state shall have but note that the Constitution does not even guarantee that every state is entitled to a least one delegate.

Step 3. “… a convention for proposing amendments…” that language clearly shows that ONLY the convention can decide how many amendments will be proposed and what subjects should be addressed. Supreme Court Justices and the nations leading legal scholars have written separately and privately that single issue subjects cannot be enforced and that once a convention is called the convention is free to call any number of amendments.

(1) Edwin Vieira, Jr., holds four degrees from Harvard: A.B. (Harvard College), A.M. and Ph.D. (Harvard Graduate School of Arts and Sciences), and J.D. (Harvard Law School).

The following letter, from Chief Justice Burger.

Supreme Court of the United States

“there is no effective way to limit or muzzle the actions of a Constitutional Convention. The convention could make its own rules and set its own agenda. Congress might try to limit the convention to one amendment or to one issue, but there is no way to assure that the convention would obey. After a convention is convened, it will be too late to stop the convention if we don’t like its agenda. The meeting in 1787 ignored the limit placed by the confederation Congress “for the sole and express purpose.”

With George Washington as chairman, they were able to deliberate in total secrecy, with no press coverage and no leaks. A constitutional Convention today would be a free-for-all for special interest groups, television coverage, and press speculation.

Our 1787 Constitution was referred to by several of its authors as a “miracle.” Whatever gain might be hoped for from a new Constitutional Convention could not be worth the risks involved. A new convention could plunge our Nation into constitutional confusion and confrontation at every turn, with no assurance that focus would be on the subjects needing attention. I have discouraged the idea of a Constitutional Convention, and I am glad to see states rescinding their previous resolutions requesting a convention. In these bicentennial years, we should be celebrating its long life, not challenging its very existence. Whatever may need repair on our Constitution can be dealt with by specific amendments.

http://www.sweetliberty.org/issues/concon/burger.htm

(2) Supreme Court Justice Arthur Goldberg

Arthur Joseph Goldberg served as a justice of the U.S. Supreme Court from 1962 to 1965.

See Articles of Freedom http://www.givemeliberty.org/

(3) Original http://memory.loc.gov/ammem/amlaw/lwjc.html Continental Congress 2009 http://www.cc2009.us/

“Once opened, it could take up any number of things.”

By Aaron Bolinger

We should alert when any politician calls for “change” like Obama has.  Now, because many state legislators are looking to do the “right thing” (but have no clue what it is), there is another wink in the direction of a Con Con.  The battle has begun in SC, where a few hard-nosed legislators, who do NOT understand the dangers, are seeking an amendment against socialized medicine.  (While yet another one is after a con con for a BBA.)

To help nail the coffin on this wackiness again, I spent the entire day yesterday scanning documents related to the dangers of a modern-day convention under ANY pretext.  (The BBA notion is not dead either…)

Scroll into the “Documents” container at www.nvcca.net and look for anything with “Con Con” in the subject line (there are several).  The link to the new document is this one… HERE Use these when the subject arises in your state.  Be on the look out for those key words (“constitutional convention”) in the text of resolutions. (Bills in print are text searchable…someone needs to do this in all 50 states…  Let me know immediately if you see any state bills with those words in them, and link me to the subject legislation.)

The one we are campaigning against currently in SC is here

We are planning ahead in case a Senate version appears, and are trying to stay ahead of that possibility.  Our folks are in the state capitol today, working on (of course) a number of bills – but this situation calls for extra vigilance.

We are also uploading another document (not there yet, but coming in the next day) that shows the history of the implementation of the apportioned direct tax on the states.  Nick-named the “State Rate Tax Plan” by a few of the researchers who discovered it and did the digging, THIS is the constitutional answer to the contemporary political nonsense about balancing the federal budget.  Holding Congress accountable to the states, IN THE YEAR THE MONEY IS SPENT, will never be politically popular.  However, we need to teach this to our state officials ASAP.

Here is how it works.  Assume Congress does stupid things and accumulates a year-end deficit of $148 billion.  According to the following table (which also shows each state’s share of that spending), that bill is divided among the states based on their voting strength in the House of Reps.  Then imagine how the state legislature would react toward those congress-critters after getting their apportioned BILL for it!  (Hint:  That is why we take a census in the first place – representation with proportional obligation for the spending).  Hehehe… but the best part is we do NOT need any new amendments, nor a convention to propose them.  What we need is strict obedience to the Constitution.  Problems evaporate quickly thereafter.  (This is based on a rudimentary understanding of Article 1, Section 2, Clause 3; and Article 1, Section 9, Clause 4 – i.e. why they are in the Constitution in the first place.)

This document shows the first imposition of this tax in 1798 to effect a deficit-reduction relating to the Reveloutionary War debt.  (It was used many other times as well, generally associated with war spending…)

Knowledge is power.  These docs and many more are in the new packet – coming soon to the web site.  The point is that THIS should be the “tax plan” we are putting forward (no “Fair Tax” or “Flat tax” or “VAT” or “NST” etc.)  “Fair Share” or “State Rate Tax” or “Spending with Proportional Obligation” are the best ways to describe THIS particular plan.  It destroys summarily the need for a BBA, convention, etc.  USE IT!

Aaron

69th Annual National Convention of The American Legion
San Antonio, Texas
August 25, 26, 27 1987
Resolution No. 63
Subject: United States Constitution
Committee: Americanism
Whereas, The American Legion is dedicated to the defense of the Constitution, and the this defense must be conducted by any and all legal means against all enemies, whatever may be their nature; and
Whereas, There are [Continue to the full article here...]