On my segment with Bill LuMaye I explain why there is no logical reason to now hold an Article V Constitutional convention if the goal is to help restore the Republic.
Gary W. Lyons, NC Legislative Liaison for the Convention of States (COS) spoke at the Wake County Tax Payers Assn mtg. in Raleigh on 4/24/14. My question exposes the key logical fallacy to holding an Article V convention. Since Congress, the President and the Supreme Court are all in violation to their oaths to uphold the Constitution now, why should we expect that they would suddenly obey their oath if the Constitution was amended? Gary was honest enough to admit there is nothing that would ensure any new amendments would be obeyed.
Another logical fallacy involves the type of amendments that might be passed at an Article V convention. The state legislatures produce many of the criminals that go on to DC in Congress and the state legislatures refuse to nullify and interpose against federal laws that are not Constitutional per the 10th amendment. Therefore why should we expect the state legislatures to produce amendments that would improve and not undermine the Republic?
On the Alex Jones Show of 7/29/14 Alex interviewed NSA whistle blower William Binney. In the course of the interview Binney mentioned that his solution to stopping federal tyranny would be to hold an Article V convention. In his brief support for an Article V convention Binney made a number of erroneous statements.
First let’s review what Article V actually states:
“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.”
Binney was under the impression that an Article V convention would be controlled by the states and completely independent from Congress. It would appear that Binney’s errant interpretation of an Article V convention has been shaped by the Convention of States (COS) project. (COS is a project of Citizens for Self Destruction.) Article V is clear that “Congress… shall call a Convention for proposing Amendments” after receiving applications from two thirds (or 34) of the States. Binney also claimed that if a COS was held such a convention could not only propose amendments but also ratify them at the same convention. Article V proscribes that after two thirds of the states submit a petition Congress would call the convention. At the convention amendments may be proposed but any proposed amendments would have to be ratified by three fourths (or 38) of the States or conventions of three fourths of the States. Congress would decide the mode of ratification.
Alex Jones admitted that he had previously opposed a Constitutional convention because it could be hijacked. Article V apologists take issue with calling an Article V convention a Constitutional convention. Their objection is an attempt to underplay the magnitude of such a convention which has never been held in our history. An Article V convention is by definition a Constitutional convention because its express purpose is to propose amendments to the Constitution. Article V does not limit the number or scope of amendments that could be proposed – Article V proponents denial of this fact helps to discredit their position.
Alex Jones is obviously frustrated with the corruption in DC that fosters tyranny. The solution is decidedly not an Article V convention for several reasons. I’ll list a few.
1.) States currently have vast power in the Constitution to nullify and interpose against any and every federal law that lacks Constitutional authority. The 10th Amendment reads, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.” States can pass laws that invalidate federal laws that are not Constitutional, that is, laws that do not conform to Article I Section 8, the enumerated powers of Congress which are very limited. For example, nothing is now stopping West Virginia or any other state from passing laws that permit coal burning power plants to continue operating or to even construct new coal burning power pants. Congress has no legitimate Constitutional mandate to make laws about the environment and the entire EPA lacks any Constitutional basis. Also consider the clarity of the Second amendment – all federal gun laws lack Constitutional authority yet no state has yet refused to submit to the BATFE and the law to license gun dealers and require a federal form to be completed when purchasing a firearm.
2.) The logical fallacy of trusting Congress to be involved in a process that is supposedly designed to limit the power of the federal government in general and Congress in particular. The vast majority of those in Congress are oath breakers – they openly violate their oaths to uphold the Constitution. There is no reason that the current occupants of Congress would immediately take their oaths to uphold the Constitution seriously if the Constitution was amended in a positive fashion. It’s as if Article V proponents think an Article V convention would have some mystical power to make corrupt oath breakers repent. The problem is not with the Constitution, it’s a moral problem with those in Congress and the federal government. Article V advocates resist answering a simple question, If Congress currently refuses to follow the Constitution why should we expect Congress to obey the Constitution if it’s amended?
3.) There is a very similar logical fallacy in trusting the current occupants of the state legislatures with an Article V convention. The vast majority of those in the state legislators are also oath breakers – they do not uphold their oaths to the federal Constitution. If those in the state legislatures did uphold their oaths the Constitution we would see many federal laws nullified with state laws interposing against their enforcement at the state level. For example if the GOP super majority in the NC General Assembly was not corrupt we would see the Patient Protection and Affordable Care Act (Obamacare) nullified and NC laws passed that would ensure Obamacare was rendered null and void in NC, such as arresting any federal government employee who attempted to enforce Obamacare in NC.
I think Alex Jones is sincere in having reversed his position to now endorse an Article V Con Con. Hopefully Alex will reconsider the implications of a Con Con. I would like to see Alex interview Stewart Rhodes of Oath Keepers about the implications of an Article V Con Con. Alex has interviewed Stewart numerous times in the past but has yet to discuss Article V with him. Another guest who would provide detailed information critiquing an Article V Con Con is Jeff Lewis of the Patriot Coalition. Jeff has worked tirelessly in defending the Constitution at the federal and state levels. Activist Publius Huldah would also provide an excellent opportunity to hear from a bona fide Constitutional expert who has rejected the arguments for an Article V Con Con.