Missing Piece in the Article V Puzzle
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Restoring States Rights & Personal Liberties
2017 SUMMARY REPORT
ARTICLE V COUNTERMAND AMENDMENT
January 2014 I was asked to join the Convention of States Executive Team. I asked COS’ Executive Director two questions:
1. Would COS endorse a pre-approved text by the State Legislators for any amendment before it was sent to an Article V Amendment Convention? His answer was no.
2. Would COS endorse a pre-approved text by the State Legislators for a Delegate Resolution that binds the delegates and sets the agenda at the Article V Convention. His answer was no.
3. I did not accept the invitation because COS’s Article V strategy would prevent ‘We the People’ from controlling the delegates and agenda at an Article V Amendment Convention through elected State Legislators. COS, as well as every other Article V group (except possibly one) believes an Article V Convention is to have the same format, authority and independence our Founders had at the 1787 Constitutional Convention. COS has joined a long line a seemingly great Article V scholars who believe the Legislatures can only apply to Congress for a Constitutional Convention and are to have no control over the delegates who are sent to a convention – even a modified limited or subject convention. They believe that maybe as many as 535 delegates from the States will conduct themselves in a gentlemanly manner and produce a safe and successful Convention. They discard the risks of having an Article V Convention where California sends 50 delegates, New York sends 40, while North and South Dakota send 3 delegates each. This kind of disparity will result in chaos at the Convention.
4. Article IV, 4 of the United States Constitution guarantees to the States a Republican Form of Government which means each State has equal standing with one vote on Constitutional matters. The States cannot protect States Rights at a Convention that becomes a free for all among delegates. The States can only protect their States Rights and our personal liberties by approving the text for an Amendment, along with a Delegate Resolution, before the Convention convenes. When 26 or more States do so then, as a Republican Form of Government, each State will be guaranteed one vote when deciding the future course of our Republic. As a result, ‘We the People’ sovereignty exercised through elected State Legislatures will be protected.
For the last 60 years our Constitutional scholars have maligned the Founders intended purpose of Article V and advanced flawed arguments purporting to show the dangers if State Legislatures directed Congress to call a Convention. The flawed assumption is that Article V can be used only to call a ‘Constitutional’ Convention, not an ‘Amendment’ Convention. COS, even though they are now trying to limit the debate by delegates to three general subjects, still believes once a Convention is convened it becomes a modified Constitutional Convention that is controlled by delegates, not Legislatures. COS has very recently changed the name of the COS Convention to an Amendment Convention in an attempt to make themselves sound like the Countermand Amendment.
1. Early on there has been disagreement as to how Article V should be used. However, based on the assumption that only a Constitutional Convention can be called and that there is no way to convene a safe Convention, three words in Article V have been ignored - ‘for proposing Amendments’. These words are mentioned twice in Article V: the first applies to Congress and the second to State Legislatures.
2. The real genius of our Founders is found in these three words ‘for proposing Amendments’. The Founders wanted to leave for posterity a safe way to address egregious wrongs suffered in future generations by limiting how amendments should be made part of the Constitution.
3. The Founders gave us Article V to protect our Constitution, not to make wholesale changes to it at the hands of politically charged, unelected and unaccountable delegates. If the States wanted to convene a Constitutional Convention, they could not do so under Article V. What they would have to do is secede from the Union, convene a Convention independent of our Constitution, create a new governing document and form a new government.
Citizen Initiatives is not adverse to working with COS to secure 34 Applications on Congress. If COS continues to reject a pre-approved text and Delegate Resolution, then we will continue to advance our Delegate Resolution which will control the delegates at the Countermand Amendment Convention and at a COS Convention. In our opinion, it is unlikely that COS will be successful because there is no continuity and agreement in the Applications on Congress by the Legislatures as to what kind of Amendment Convention is to be Called. Congress is likely to reject their Applications because they will not be able to determine what type of Convention the Legislatures are applying for. Remember the key words in Article V “for proposing amendments”, not Constitutional Conventions.
As a side note, late last year COS sponsored a mock convention and invited States legislators to attend. Its purpose was to show legislators how an Article V Convention would be conducted. Of course, their assumptions we disagree with as explained in this article. However, there were 134 (?) legislators who attended and they voted for our Countermand Amendment. Interesting. . .
The Countermand Amendment continues to move through State Legislatures. Our focus will be Applications on Congress and the Delegate Resolution which includes the Countermand Amendment text. When 26 States approve the Delegate Resolution, the convention will be a safe and successful with the Legislatures controlling the conduct of the delegates.
Friends, we are planning extensive work in State Legislatures during 2018 for the Countermand Amendment. The following summary report is to catch you up on the work accomplished in 2017. In order to better plan and budget for our travels we are offering copies of my book “THE COUNTERMAND AMENDMENT – the Missing Piece in the Article V Puzzled”. Proceeds will help us fund our travels while we work with State Legislators. This historic book will provide constitutionally sound understanding on how the Founders intended for Article V to be used by the States and ‘We the People’. The Countermand Amendment will restore our Constitutional Republic and return sovereignty to the States through elected officials.
Order your copy(s) today at COUNTERMAND AMENDMENT the Missing Piece in the Article V Puzzle. It will also make a wonderful gift for friends and relatives. CK
962 Oak Ave., #15
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© 2017 Copyright, Charles Kacprowicz (All rights reserved.)
962 Oak Ave., #15
Spruce Pine, NC 28777 (828) 783 0599
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