Constitution: legal change

The Constitution of the United 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.

Utah just posted an essay and touched upon the key to Progressives and their view of power;

Lane and other progressives assume that their causes are always right and just and we all define “progress” the same way – or should be forced to. This idea is nothing less than a prescription of oligarchical tyranny.

Re-read this;

… we all define “progress” the same way — OR SHOULD BE FORCED TO.

If “everyone” agrees on what should be done, then there is a LEGAL way to change the Constitution.  Amendment pursuant to steps outlined in Article V of our Constitution:

WHEN

  • 2/3 of both Houses propose amendments, or
  • 2/3 of the State’s legislatures propose amendments;

THEN

  •  Ratification by 3/4 of the State’s Legislatures.

OR

  • by Convention of 3/4 of the States.

The Federal Government, and those who guide, control, manage, and operate its functions realize “the People” do not agree, and still they do whatever they choose.  The federal government(s) realize the POWERS THEY EXERCISE will never be consented to by 2/3 or 3/4 of “the people’s houses”.   Consequently proposed amendments are never written and discussed.  So what to do?

the people — SHOULD BE FORCED TO.

That, ladies and gentlemen, is government against the will of the People.

TYRANNY

Not a republican representative democracy with the consent of “the People”, and

not AMERICA !

 (re-blogged at the “oil for your lamp”)

30 thoughts on “Constitution: legal change

  1. Texas, my friend, y’all will never do well in politics. Your explanation is far to concise, not nuanced in any way and worse it is extremely easy to understand. I hope you accept this critique as a compliment.
    FlyDiver (Fellow Texan)

    • Flydiver,
      Thank you for the compliment !
      Our founding father’s were straightforward also, not nuanced as modern progressives and lawyers want everyone to believe… 😉

    • No time limit . . .
      America doesn’t need any Constitutional Conventions….

      America only needs our Constitution to be enforced upon the federal leviathan and its illegal agencies that are exercising powers never granted by “the People” in our Constitution (originally, or by lawful amendment.)

      Just because 9 attorneys, “say it’s so, doesn’t mean its so”.

      • The problem is the words….”America only needs our Constitution to be enforced upon the federal Leviathan…” don’t get it done !

        Yeah ….. We all agree…..so now how does that get done ????? You said ( and everyone agrees with the word ENFORCED). The problem is the power to enforce is in the same hands of the illegal agencies and federal Leviathan. To gain “enforcement” powers “We the People” have to do the empowering and enforcing….it seems there are two options :

        (1) By Civil War………….. or
        (2) An adoption of Further Legal remedy which validates the removal of the Leviathan and it’s armed agencies…..that legal remedy lies in a new Federalism….which itself can use the Art V Convention of States as a Starting point by Amending the Constitution making such agencies Illegal for instance…..term Limit the Supreme Court ( or abolish it completely would be a better solution). Abolishing the 16th Amendment and the 17th Amendment.

        In short….It is becoming Clear that just SAYING that our Leadership SHOULD, or the Government SHOULD….or the Courts SHOULD…..just isn’t getting it done. And won’t get it done.

        They aren’t going to Stop……until they are stopped. It’s that simple.

    • Passed on a Constitutional Convention…..or passed on a Convention of States for the purpose of Proposing Amendments ?

      • Don,
        The time is not appropriate for a constitutional convention, after all, we only need to affirm all the transgressions against our Constitution and push the RESET button. We don’t need a new Constitution. We need thousands/millions of pages of “legal opinions” violating our Constitution admitted to be ILLEGAL.

        Utah has stated in the past, “what do we do about it?” Let’s review where we have been;

        Americans always have to be backed into a corner before they rally and do the right thing.

        The Revolutionary War was won before it ever started, in the hearts and minds of the Colonists.

        During the early days of the Clinton administration, 1994 “Assault Weapons Ban” which was really just a weapons ban; the Branch Davidian massacre, the attempt to illegally force nationalized healthcare on the nation, the world looked very dark. I’m sure the end of the Carter years appeared equally dark leading to Reagan’s election. Let’s face it, Romney did not articulate America’s opportunity and potential greatness as Reagan did. And Romney hasn’t yet.

        Today, in the area of 2nd amendment law and the right to self defense, America has awakened. A majority of states, including Texas, followed Florida’s example and passed “shall issue” concealed handgun licensing laws. Even in the face of continued propaganda, a substantial majority of Americans, and court decisions, support an individual’s right to protection of self, family, and home. In the face of media propaganda lies, a small jury in Florida reviewed the evidence of that court case, and returned a verdict based on the evidence. Not a verdict urged by a politically motivated prosecutor, or propagandized media blitz.

        In response to “common core” Marxist indoctrination; More people than ever are “home schooling” or sending their kids to newly created private schools.

        At this point in time, Constitutional Conventions are a bad idea. “The people” are just now beginning to consider, think about, and attempt to understand “where America comes from”. When a Constitutional convention is held, anything and everything is on the table. There are not enough leaders who understand and can articulate natural law, much less “first principles.”

        The good news? Topics of conversation at social gatherings use to be, are the Dallas Cowboys going to win the superbowl?

        Now? for the first time in my life, people are having discussions in social settings about where “we come from”. What is Constitutional. What is natural law? How can we reclaim America’s greatness for our children. Why? Because Americans REALIZED they were being lied to by the propagandized media.

        Obama is the symptom of the “progressive” anarchy in both parties controlling Washington DC. The “in your face” continual push is necessary in order to awaken “the people” to the truth. It HAS TO BE so blatant, that even the indoctrinated supporters (Like Professor Turley) realize, deep down, that their ILLEGAL ways are not only unjust, but dangerous; and must be stopped.

        What do we do now? We continue to educate our children and grandchildren, and their friends. We explain to them the reason they can’t find a “minimum wage” job is because of the illegal actions of the federal government. We explain to them the “student debt” they have is nothing more than a new slavery foisted upon them by the federal leviathan. We show them where to go to learn for themselves true American History, natural law, and context with the world’s history.

        Who would have thought America would be going to see documentaries written and produced by legal immigrants such as Dinesh D’Souza?

        Who would have imagined a “Ted Cruz” the son of a Communist refugee, would be the only politician who can articulate America’s principles?

        Things are going to get worse, before they get better. As things get worse, more of those around us will awaken and say, “I’m sorry, you were right, how can I help?” I hear that often enough now, to give me hope.

        At some point, a majority will not only realize the “progressives” and their purposely false promises are in fact, LIES, but they will say NO MORE! (Just as they have with “gun control”)

        So, to finish, it’s not our duty to “rant and rave”, but to educate and share, TRUTH. Shine the light of good onto the darkness of EVIL and lies, and a majority of Americans will do what must be done when faced with annihilation. But not before then…

        • You ‘re a smart guy Texas….. But you have basically Rhetorically re-stated what I mentioned above. And then added this phrase….”At some point…”……And this…”The time is not appropriate….”

          It is still all talking and no action. Now with an additional appeal to Folks somehow ‘eventually getting up and doing the right thing.’

          That’s not how things actually happen….that is just the opposite of what history teaches. History shows us that ACTION is what’s needed. That’s one of the penultimate lessons of 1776. Second, the ‘long March’ of Communism / Fascism waits for no one and rolls over laws…..this is what we know from History and what we are seeing with the Entire Washington Leadership in the last 10 or so years really.

          Thus….we don’t have time to WAIT for our Children and Grandchildren to Fix it. There will be nothing left to fix once Complete Communism takes hold….and we are almost there in the US. Their Non-elected Gov’t Agency Armies are already in place. And the flood of Illegal Aliens will nullify anything left of our Constitutional election process.

          Yes we have to Teach. Yes we have to take back our children’s and our grandchildren’s hearts and minds. But we are not a One Trick Pony…..Americans CAN chew gum and walk at the same time. While it is comfortable to lean back and say…”.Now is not the time…..At some point…believe you me Americans WILL stand up and so forth and so on “…. this doesn’t address the REAL crises enveloping us. Nor does it lead to any realistic plan to as the Constitution says… “Secure the Blessings of Liberty to ourselves and our Posterity…” ……Posterity…that would be our Children and Grandchildren. So the Constitution doesn’t defer the protection to future Generations….rather it does the opposite….it CONFERS the responsibility to the CURRENT generation.

          And as such remedy is found in Article V as a Constitutional alternative to Civil War. We are ALREADY in a Constitutional Crises…..in a Continual Constitutional Convention like atmosphere of complete lawlessness. In short the Constitution is being re-written DAILY with We the People perpetually on the losing end. To NOT defend the Contitution as Written and Intended along with the Bill of Rights and our implied Natural Rights is in effect to abrogate responsibility. Our passiveness also gives Legitimacy to the Law breakers/Benders in Washington.

          Finally, what has been proven by this 100 year exercise in Constitutional Decay is that there ARE Constitutional Restraints needed to be written and added to strengthen the Intent and to articulate the process of decay so that our Posterity can continue to ensure those Blessings of Liberty.

          And, A Constitutional Convention is NOT a Convention of States with the purpose of proposing Amendments…..which as I stated above would be a reaffirmation of Federalism….and the 9th and 10 Amendments.

          • Don,
            I wasn’t being rhetorical. I pondered for some time before writing my response to you.

            A Constitutional Convention is the last thing we Americans want right now. The last Constitutional Convention that was called to “correct/fix” America’s first Constitution, “The Articles of Confederation” ended with an entirely new Constitution. The US Constitution adopted in 1789 and still given “lip service”.

            Interestingly, the Constitutional Convention was called while Thomas Jefferson was sent away as Ambassador to France, where he witnessed France’s fall into complete anarchy. Complete anarchy with the winning side murdering the proponents of “natural law” causing Thomas Jefferson to flee to England to save his life.

            Why are Democrats fundraising by threatening their constituents with Impeachment? Why? Because at this point, the Democrats know they win the impeachment battle, and the election if the Republicans act too quickly. 67 Senators must vote to impeach to prevail. At least 50 current Senators would vote NOT to impeach their leader who is doing exactly as they wish.

            Now is not the time to go off “half-cocked”.

            Now is the time to point out to everyone, that EVERY SINGLE PROGRESSIVE/STATIST action is visibly and demonstrably failing America and the world.

            Now is the time to overwhelmingly win the November election by filling the airwaves with the video of failures of Government and the need for real change.

            Now is the time to show Obama, fundraising and playing golf while America is being invaded. Just as Nero fiddled while Rome burned.

            Now is the time to explain, while truth is painfully, undeniably, visible, that every progressive, government, plan is wrong.

            “Keep your powder dry” for the appropriate and proper time.
            Respectfully.

            • I agree that we should wait until November, But I agree with Don that it (the big Hawaii 5-0) is the People’s only recourse in this era. That said, I believe Boehner wasted time with his silly lawsuit….

              • Kells,
                You are correct about the lawsuit. There is no legal standing/legal basis for Boehner’s lawsuit.

                The only recourse any Congress has against any President is impeachment.

                The President does not have to commit a “high crime or misdemeanor” in order to be impeached.
                The President may be impeached for failure to carry out the duties contained in his oath of office.

                • ^ I know that from your fabulous posts! (I have my handy-dandy constitution, but it isn’t highlighted.) Now then, do you truly believe a convention would result in a corrective fix in this day and age? Then again, as divided as the country is, I suppose it could be a bad idea. At the same time, it is far better than a war.

            • An Convention of States to PROPOSE amendments….. is NOT …repeat….IS NOT …. a Constitutional Convention.

              Why you keep saying that, knowing the difference is questionable to me….the John Birchers keep saying that as do many RINO publications and Commentators.

              I am actually actively engaged for November …………… BUT….given what has happened in Miss. and in Virginia….I think we all have to concede 2 things….

              (1) That the election process is Broken beyond compare….. and has effectively been stolen by a Combination of Democrats and the Bush-Rove -RINO camps.
              (2) That the solution to the problem you and I and millions of others are addressing will not NOW or EVER be addressed through the Election process. Washington is Broken…..because the process is NOT strong enough to keep Politicians from doing exactly what they have been doing.

              Even though Madison’s Federalist solution ( The Article V Convention of States ) is given for the very problems we have have today, the RINO camp as well as some who consider themselves conservatives…(????) give the constant drumbeat of thus:

              Not now….it’s too soon.
              Not now… We still have a lot of time.
              Not now….It’s too Late.

              And etc…

              No one is listening to Obama’s Golf…..nor their Agencies over-reach….nor the Lawlessness….nor the Policy “failures”…………………….Except us. And we’ve all known for a Long time. The Freebies crowd doesn’t see Failure…..and your and other’s “appeal” to having it….”get worse”, then everyone will wake up is a Fantasy. The Gov’t will just become empowered more to take what’s left and redistribute it to the Freebie crowd….they will notice no difference for a long long time. The ONLY casualties will be us, will be conservatives. And it will be a 70-100year hell of Communism AT BEST. Hitler succeeded in large part BECAUSE of his redistributive policies to the German working class. And it took the entire Free world to unseat him and his wannabees.

              History shows NO EXAMPLES of waiting for rationality as a successful solution.

              Evil triumphs when good men do nothing. We know the GOP is doing nothing…or worse..vis a vis Rubio, now Rand Paul and even Cruz lately.

              We the awake People are what’s left of the Good Men.

  2. Don,
    The millenials are awakening to the regime’s lies with the reality of “free healthcare” financially “crushing them”.

    “We, the awake People who are what’s left of the Good Men” must educate and inform those who will listen so they will realize there is an option to becoming a slave.

    There is nothing we can do at this point until after the next election. Whether it goes well, or after the collapse/catastrophe occurs. The good news? The Progressives are nervous. They know they deserve ALL the BLAME for what is happening and what will surely come if a course change isn’t implemented.

    Those who supported the current regime cannot honestly look “we Good Men” in the eye while admitting we are correct.

    The published polls in the 1980 election of Ronald Reagan, showed Reagan and Carter neck and neck… and the media pretended to be surprised with the Reagan landslide…

    So I will pray that “our Creator” will open the eyes of the masses to truth and justice, and hopefully we can begin to re-build anew and hold the criminals accountable for the actions they have taken to destroy America.

    Will we be able to rise out of the ashes? I don’t know. I have a feeling you and I will learn firsthand. Join us in Texas where we brethren will stand on the wall with the spirit of our Texas’ founders.

    • “Those who supported the current regime cannot honestly look “we Good Men” in the eye while admitting we are correct.”

      They couldn’t care LESS about any of us !! Like Chhelo said in his recent post…..they hate western culture….thus they hate us.
      They will do NOTHING but blame us for their lack…..and then turn around and vote in Hillary or Elizabeth Warren or Some “Liberal-tarian” like Rand Paul who will give them essentially 90% of what any Liberal Democrat will. So ….there is no good news in Progressives being “nervous”….they will just Double Down like they did in the Mississippi election………… THAT’S the Historical and Politically Strategic LESSON from the Cochran( Bush/Rove/McCain/US Chamber of Commerce/National Review/Newsmax/Fox News and etc and etc )…..versus…..McDaniel race !!!!!

      I actually see the Article V Convention of States as fighting on the wall for freedom like the Texas Founders……and I think that some of all the Talking your Talking about should be the Education of those millenials about the Article V solution. And I also think/feel that this Constitutionally provided solution is PART of the path to re-build anew…..I honestly do. It is part of the very solution to stop becoming a slave.

      It addresses the Federal criminality through the vehicle of Federalism…….it also,because of the Federalism inherent in its application, at the same time, re-affirms the notion that LOCAL communities should be where the power lies.

      In short….if Talking is what you are advocating…..then it should be talked UP…not down. Because it IS a part of the solution given to us by the Founders within the Constitution itself. And it should be talked about NOW….not denigrated….or aligned with hopelessness.

      Quite simply….the Federal lawless over-reach MUST be stopped, otherwise there will be no OPTIONS to discuss anything….let alone inculcate our Posterity with the importance of their Creator endowed Natural Rights.

      • Once Again as Follow up to what I have been saying about the Broken Election Process….. I give you the Milton Wolfe results in Kansas . A very Good candidate, from the people, not an insider……sabotaged by the Spitting of the GOP vote in the primaries…..Liberal-Tarians up to their Progressive / Liberal agenda once again. Just like Mississippi and Virginia.

        This usurpation of power and Lawlessness will NOT be solved at the ballot box !!!!
        The GOP may win Majorities, but the RINOs will be returned and basically Vote in Amnesty and more Spending and More freebies for their Crony Capitalist Friends.

        • And once again….yet ANOTHER RINO gets put back in office…. Tenn : Lama Alexander.

          Open primary democrats voted for Lamar……. Or Liberal-Tarians. Take your pick of terms since they equal each other anyway.

  3. Texas,

    I doubt we could muster enough support for amending the Constitution via Article V.

    Demographic shifts, caused by our self destructive immigration policies since 1965 and low indigenous birth rates do not bode well for the survival of American culture as we once knew it. Western Europe is a couple of decades ahead of us and they are just now waking up to the fact they are in serious trouble.

    It’s about culture. We are now ashamed of Western Culture. If you are fleeing from your culture because it is failed. Why would you insist on not adapting to the culture of the new host. Two reasons. A disease (Islam) intends to kill it’s host and a parasite (progressive/socialist) just want a free ride of the backs of the people they enslave. The result however is the same. The host eventually dies and has hopefully, left a viable seed for regrowth. This is where we are at today.

    I always find David Goldman’s analysis of such issues very informative.

    http://pjmedia.com/spengler/2014/07/27/theres-no-crisis-on-americas-southern-border-the-crisis-is-at-home/

    And the numbers:

    http://www.susps.org/overview/numbers.html

    PS: We can’t even get the Republican impostors to cut off funding to the Federal Leviathan.

      • I like Allen West.

        But He doesn’t address the Convention of States. And we HAD a large majority under Bush…..and it did nothing, but increase the power and Scope of the Federal Government. Eventually losing that majority again…under Bush / Rove.

        And how exactly is this…” If a large enough majority were to take power, all of Obama’s wrongs could be righted.”…….not merely a re-statement of the RINO / Rove pseudo-strategy ?? This is what the current GOP leadership keeps saying as an example for why THEY also undermine the Constitution…..by abrogating the power of the purse and, well too many ways to even repeat here.

        Don’t you see…..the GOP pundits certainly don’t….that this is just another way of saying Majority / mob rule ?? A Constitutional Republican form of government is supposed to function irrespective of “Majorities”……it functions by Rule of the Constitution and Bill of Rights which protect our Natural Rights. It does this NOT by waiting for “majorities” ….Communism is Rule by Majorities…instituting Oligarchs and Tyrannies to implement them.

        The Truth is Obama’s wrongs could be righted by action….based on the powers within the Constitution….NOW. If we didn’t have Cowards in the GOP….and enablers in the populace supporting their excuses.

        The election process is terminally Broken…..but your solution is to (1) count on the election, and (2) count on those elected….when they have proven ( Ayotte, Ryan, Rubio, McCain and ad nauseum ) to be Frauds and progressives.

        And when and what exactly is ” a large enough majority”…..that game can be played forever…..it is an excuse for doing nothing. Which in the final analysis is what you seem to be advocating. Except talking. Which takes me back to my my first post.

        • Don,
          Don, ???
          DON !!!!

          Impeachment is a political solution.
          Amendment is a political solution.

          The federal Government is ignoring the law. You can amend, reassert, yell, scream, whatever…
          It won’t matter.

          As long as we are in a post-Constitutional era as Mark Levin describes “now”, emphasizing “the law” does nothing to MAKE the federal government follow the law.

          Impeachment and amendment are political solutions.

          We have to inform those who open their minds to truth when the opportunity arises. This in your face dictatorship is the opportunity to inform and educate those who have have had their head in the propagandizer’s sand.

          Until a majority of the people understand, and then agree, the English language has a plain meaning and the Constitution means what it states; a “Convention of States” will be a waste of time just like impeachment today with the Democrats voting to protect their lawbreaker.

          • No.

            You miss the crucial point of a Convention of States.

            It is Citizen action which informs as it plays out…..it reaffirms WHAT the Constitution and Natural Rights mean as part of the process. It itself is a tangible lesson in both Meaning and bottom up citizen and State driven Political action. It, by its very nature, is the embodiment of Individual Rights and States rights and national Sovereignty.

            It is a process to PROPOSE Amendments…….the very nature of those proposals have within them the dialogue about the Original intent of the Constitution as well as a tangible application of participatory Constitutional Republicanism that EACH person, each individual through their State representative process have a role in.

            What you are proposing is playing the game of the Media ( trying to influence the “masses” via dialogue and other methods)……which is tantamount to giving the Media MORE power….giving the Congress MORE power…….not power to “We the People”. This process ( Article V method #2) would show just the opposite…..that people can have effect on their lives directly bypassing the Private Media and the Public Lawless government.

            What is a waste of time……is doing nothing. Which in essence is what you are advocating for. Today there was massive phone call stopping of the Border Bill…..Individual Participation. Instead of advocating for Business as usual ( while “waiting” for people to “wake up “) the Article V solution should be talked UP as a FURTHER method of Individual Participation.

            This kind of individual participation would ignite the awakening of “Hearts and Minds”. And part of that awakening MUST be the realization that without changes ( repeal of the 16th and 17th Amendments, Supreme Court term limits, Financial controls on Congress and so forth )…… there will be NO real change. Because the political Mechanisms are the same and eventually will resort to the Mean ( in both senses of the word) once again( ie, lawlessness)….usually sooner the second time historically.

          • And….. as a follow up, I give you the Rush Limbaugh show today Wed Aug 6 2014.

            In the last 20 minutes of the first Hour He read an Email that his Brother David got from a Lady pretty much saying exactly what I have been saying about voting and the Power of the Congress and She asked why have we not had a Hugo Chavez come to power in the last 230 years…..she asked is it just by LUCK …..does the Constitution even protect us ?

            Limbaugh tied this to the feeling of Futility many now have throughout the Country in large part because the system is broken and exasperated by the fact that the GOP does nothing and seems complicit.

            http://www.rushlimbaugh.com/daily/2014/08/06/a_note_to_my_brother_expresses_the_futility_millions_feel_as_they_watch_their_constitution_shredded

            And I would add to this and what I have siad above by highlighting the recent Election in Kansas where TP-Conservative Wolfe lost to a senator who doesn’t even LIVE in Kansas and hasn’t for decades. And he lost by a mere 6 points……BECAUSE the Libertarians and RINOs did it again by splitting the Primary vote.

            This is what I started talking about a year ago.

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