Wednesday, January 13, 2016

Putting Washington back in its Constitutional box...

Can it be done ,is the Question ?
And Who do you think is the Person to do it will Be ?

Something Pertinent About The Convention Of States, An Editorial 

Found this Editorial on the Article V Library site;

As we have all said - we will support any Article V project as it places huge pressures on Congress and the Courts. We must keep pushing and teaching our library is a very important piece of the puzzle and many schools, Colleges, Universities, State and National elected folks are visiting.

Recipe for Chaos in Texas

Phyllis Schlafly of Eagle Forum is not qualified a Constitutional Scholar. She was a speech writer and then a Journalist - just wrong but like Publius Huldah she sells books, TV videos and makes speeches.

Saturday, January 09, 2016

7:53 AM

Below are some of her comments in an email sent to her followers. We that promote an Article V convention have placed some comments to her statements in Italics, quotation marks and bold lettering. Our very first comment precedes her entire email.

If an Article V Convention of States is not a way to stop the Liberal movement of destroying our Constitution, then why was Article V created in the first place?

Content of Mrs Schlafly's email:

Attacks on the U.S. Constitution are coming from all sides – sadly even some misguided conservatives have joined the Left on this issue.

"Mrs. Schlafly, IF this statement is true, then please name these "misguided" conservatives."

One liberal professor – in the pages of The New York Times – calls our Constitution “imbecilic.” Another claims it contains “archaic” and “evil provisions.”

One even urges us to “rewrite the Second Amendment.”

Out of exasperation with Barack Obama’s flouting of the Constitution – and the Republican Congress’ willingness to help carry out Obama’s liberal agenda – a few conservative authors and pundits have joined these left-wing opponents of our Constitution.

"To an extent some of the above could be possible."

Together they are promoting a national convention to propose amendments to the Constitution.

"This would be a Convention of States. Congress would NOT be involved in this particular process at the time."

These ill-advised conservatives wrongly believe a series of amendments can put our country on a wiser path.

"The above statement is blatantly broad!"

The authority for such a procedure is Article V of our Constitution, so they are calling their plan of action an Article V convention.

However, they are fooling themselves when they suggest that Article V creates a path to bypass Congress with a “convention of states.”

"Exactly how would the above two statements apply to what you say?"

In a convention setting, the U.S. Congress would get a major say in how the process will work.

The only power the states have under Article V is the opportunity to submit an “application” (petition) asking Congress to call a convention. Hundreds of such applications have been submitted over the years, with widely different purposes and wording. Many applications were later rescinded, and some purport to make the application valid for only a particular amendment such as a federal balanced budget or congressional term limits.

Article V states that Congress “shall” call a convention on the application of two-thirds of state legislatures, or thirty-four (34) of them.

"This is exactly what the Constitution states":

Article V

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; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article*; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

From a target="_blank" href="" id="yui_3_16_0_1_1452344902719_33476" name="yui_3_16_0_1_1452344902719_33476">>

"The balance of Mrs. Schafly's statements can be explained easily by reading the works of actual Constitutional Scholars in the Article V Project to Restore Liberty site."

The key question is this: how will Congress count valid applications?

The answer is, we don’t know, and so far Congress has ignored them anyway.

If Congress ever decides to act, Article V gives Congress exclusive power to issue the “Call” for a convention to propose “amendments” (plural).

“The Call” is the governing document which determines all the basic rules such as where and when a convention will be held, who is eligible to be a delegate (will current office-holders be eligible?), how delegates will be apportioned, how expenses will be paid, and who will be the chairman.

Article V also gives Congress the power to determine whether the three-fourths of the states required for ratification of amendments can ratify by the state legislature’s action or by state conventions.

Do you trust the current U.S. Congress to determine the rules for how the Constitution will be rewritten?

The most important question to which there is no answer is this: how will convention delegates be apportioned?

Will each state have one vote (no matter how many delegates it sends), which was the rule in the 1787 Philadelphia convention?

Or will the convention be apportioned according to population (like Congress or the Electoral College)?

Nothing in Article V gives the states any power to make this fundamental decision. "This statement is completely false".

If Congress decides apportionment will be determined by population, more populous states will control the outcome.

Do you want California or New York deciding how the U.S. Constitution should read?

Article V doesn’t give any power to the states to propose constitutional amendments, or to decide which amendments will be considered by the convention. "This statement is completely false".

Now imagine Democratic and Republican conventions meeting in the same hall and trying to agree on constitutional changes. Imagine the gridlock in drafting a constitutional plank by caucuses led by Sarah Palin and Al Sharpton. "This statement is completely false".

Everything else about how an Article V Convention would function, including its agenda, is anybody’s guess.

Advocates of an Article V convention can hope and speculate, but they cannot assure us that any of their plans will come true.

If we follow the model of the 1787 Convention, will the deliberations be secret? Are you kidding me? Nothing is secret any more.

What are the plans to deal with protesters at what would surely be the biggest media event of the year, if not of the century? It will be flooded with agitators from the gun-control lobby, the gay lobby, the abortion lobby, the green lobby, plus experienced protesters trained and even paid with George Soros money.

There is no proof that the VIPs promoting an Article V convention have any first-hand knowledge of the politics or procedures of a contested national convention. Don’t they realize that the convention will set its own agenda and that states will have no say over which amendments are considered? "This statement is completely false".

To see how a convention chairman wielding the gavel can manipulate outcomes, take for instance the 2012 Democratic National Convention. "This statement is not even applicable."

A delegate tried to add a reference to God to the party platform, but the chairman ruthlessly called the vote wrong even though we all saw on television that the “Noes” won the vote.

The whole Article V “Convention of States” process is a prescription for political chaos. "This statement is completely false".

Alas, I don’t see any George Washingtons, James Madisons or Ben Franklins around today who could do as good a job as the Founding Fathers, and I’m worried about the men who think they can.

Phyllis Schlafly
May I the Tradesman add one more thing to this? Many States have already enacted Legislation that covers how delegates will be selected and what they can and cannot do within the Convention. For a model law on the books please see;

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Pandora’s Box - Get the Facts about a Constitutional Convention

That article by Phyllis was written in response to this;

We are pleased to announce that Governor Abbott had decided to take a bold step in both endorsing the Convention of States here in Texas, but offering his suggestions for amendments in a full-throttle approach to putting Washington back in its Constitutional box. Please read this announcement and pass along to your state representatives and friends. You can listen to his entire speech here.

For Liberty,

Tamara Colbert and Paul Hodson
Directors for Texas
Convention of States Project


Press Contact: Tamara Colbert
Phone: C – (626) 244-5571


“Our government was founded on the rule of law rather the caprice of man.” — Gov. Abbott

Dallas, TX, Jan 8, 2016 – Statement from Mark Meckler, President of Citizens for Self-Governance and co-founder of the Convention of States Project: “We are gratified that Governor Abbott has responded to the grassroots movement in Texas and is endorsing our call for a convention of states. Like the grassroots, Governor Abbott understands that we must use the constitution to save the constitution. The tens of thousands of Convention of States volunteers in Texas thank him for his leadership. We look forward to seeing many more governors follow in his footsteps.”

At the Texas Public Policy Foundation’s breakfast yesterday, Senator Tom Coburn said, “As Americans we have to stand up across the nation against the federal government. God granted us freedoms, not the federal government. Article V gives us a way to rebalance power in the federal government.”

The Texas Convention of States team has been working since September 2013 to organize and grow the grassroots army in the state. Today, more than 40,000 Texans are actively engaged in educating their state representatives and senators, as well as their communities. The state has a full leadership team, as well as 117 District Captains in 117 Texas House Districts.

In 2015, HJR 77, led by Representative Rick Miller (HD-26), the Convention of States Article V resolution passed through the house 80-62 and went to the Senate led by Senator Paul Bettencourt (SD-07), but did not get out of the State Affairs Committee.

Governor Abbott, in his Texas Public Policy Foundation keynote address, stated this about what he is calling “The Texas Plan”: “Our government was founded on the rule of law rather the caprice of man. That rule of law flows from our Constitution. That Constitutional foundations is now so often ignored that the Founders would hardly recognize it. Until we fix that foundation by restoring the rule of law all the repairs we seek through the policies you propose will never lead to lasting solutions.”

More and more statesmen and constitutional experts—the ones who revere our Constitution and have dedicated their lives to defending its principles—are stepping up to urge citizens and state legislators to use this constitutional tool before it is too late.

These include such well-known political figures as retired U.S. Senator Tom Coburn (OK), Mark Levin, Sean Hannity, Glenn Beck, Gov. Mike Huckabee, Gov. Sarah Palin, Gov. John Kasich, Gov. Bobby Jindal and Col. Allen West. They are joined by conservative legal heavyweights Robert P. George (Chairman of the United States Commission on International Religious Freedom), Randy Barnett (mastermind behind Obamacare challenge), C. Boyden Gray (Bush 41 Counsel Ambassador), Mat Staver (VP and Prof. of Law at Liberty University), Andrew McCarthy (former Chief Asst. U.S. Atty. for NY, who led terrorism prosecution against the “Blind Sheik”), Dr. John Eastman, (Dir. Ctr. For Const. Jurisprudence – Chapman Univ. Fowler School of Law), Charles Cooper (outside counsel for NRA, clerk for Justice Rehnquist, and Asst. Atty. Gen. for Office of Legal Counsel, Reagan Administration), and Professor Nelson Lund (2nd Amendment scholar, George Mason University School of Law).

​For the full release please go to

About the Convention of States Project

The Convention of States Project is currently organized in all 50 states, including almost one million volunteers, supporters and advocates committed to stopping the federal government’s abuse of power. Alaska, Florida, Georgia, and Alabama have passed our Article V resolution since the project launched in 2013. In 2015, the COS Project filed our resolutions in 37 states. For more information visit

Convention of States Action · PO Box 1073, Purcellville, VA 20134, United States

ED. Note: I Prefer The Texas Method Over The Schlafly fear tinged rhetoric

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