This document discusses the risks of calling for an Article V Convention to amend the US Constitution. It argues that an Article V Convention, also known as a Constitutional Convention, could result in unintended and fundamental changes to the Constitution beyond what is proposed, as delegates would have sovereignty and not be bound by any rules. The document cites examples from the 1787 Constitutional Convention and Patrick Henry's criticism of it exceeding its mandate as reasons for concern about losing control of the process. It asserts that problems in America are due to failures to follow the existing Constitution rather than deficiencies in the Constitution itself.
This document discusses the risks of calling for an Article V Convention to amend the US Constitution. It argues that an Article V Convention, also known as a Constitutional Convention, could result in unintended and fundamental changes to the Constitution beyond what is proposed, as delegates would have sovereignty and not be bound by any rules. The document cites examples from the 1787 Constitutional Convention and Patrick Henry's criticism of it exceeding its mandate as reasons for concern about losing control of the process. It asserts that problems in America are due to failures to follow the existing Constitution rather than deficiencies in the Constitution itself.
Original Description:
A booklet written by Peter Boyce about the dangers of an Article V convention.
This document discusses the risks of calling for an Article V Convention to amend the US Constitution. It argues that an Article V Convention, also known as a Constitutional Convention, could result in unintended and fundamental changes to the Constitution beyond what is proposed, as delegates would have sovereignty and not be bound by any rules. The document cites examples from the 1787 Constitutional Convention and Patrick Henry's criticism of it exceeding its mandate as reasons for concern about losing control of the process. It asserts that problems in America are due to failures to follow the existing Constitution rather than deficiencies in the Constitution itself.
This document discusses the risks of calling for an Article V Convention to amend the US Constitution. It argues that an Article V Convention, also known as a Constitutional Convention, could result in unintended and fundamental changes to the Constitution beyond what is proposed, as delegates would have sovereignty and not be bound by any rules. The document cites examples from the 1787 Constitutional Convention and Patrick Henry's criticism of it exceeding its mandate as reasons for concern about losing control of the process. It asserts that problems in America are due to failures to follow the existing Constitution rather than deficiencies in the Constitution itself.
What YOU are not being told about an Article V Convention
To fundamentally To fundamentally To fundamentally
transform America transform America transform America would require would require would require structural structural structural (Constitutional) changes. (Constitutional) changes. (Constitutional) changes. The Bill of Rights Amendment I Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. Amendment II A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. Amendment III No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law. Amendment IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Amendment V No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. Amendment VI In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence. Amendment VII In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law. Amendment VIII Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Amendment IX The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. Amendment X 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.
Watch Kid Constitution on www.YouTube.com What You Stand To Lose if an Article V Convention is triggered: Lady Liberty (our U.S. Constitution) stands accused of being inadequate and therefore the cause of Americas problems. Her accusers demand she be put on the Article V Operating Table. Peter F. Boyce U.S. Constitution Course Instructor www.BoyceYourVoice.com Do not Drink the Con-Con Kool-Aid Im going to pick a fight! " WARNING PATRIOTS: 609-501-3351 Would amending the Constitution cause those we elect to obey it anymore than amending the 10 Commandments would cause thieves to stop stealing, liars to stop lying, or Bill Clinton to stop doing what he does? They just can t help themselves If the defects are not in our nations Constitution but rather in the hearts of those we elect, why the big push for an Article V Convention? Constitutional Convention (Con-Con) Convention of the States (COS) Conference of the States Amendment Proposing Convention of the States If it : A) Is powered by resolutions from 2/3 of the State Legislatures (walks like a duck) B) Calls upon Congress to convene a Convention to amend the U.S. Constitution pursuant to Article V (quacks like a duck) Then by definition, it is an Article V Constitutional Convention. There is no other venue for a Constitutional Convention. If it walks like a duck and quacks like a duck then it is a duck! (Con-Con by definition) Lady Libertys accusers insist their Convention of States is not a Constitutional Convention. Regardless of phraseology, whether called a Page 2 Page 11 These are just a few of the problems Americans are being led to believe an Article V Convention could solve: Growing Federal Debt - Obey Article 1 Section 8 (would reduce Government costs by 80%) Money being devalued through inflation Article 1 Section 8 Clauses 5 & 6 requires Congress to coin money and set the value thereof. The FEDs creation was unconstitutional. Illegal Immigration Do duty under Article 4 Section 4 to Protect the States Against Invasion (20 to 30 million violators of our borders constitutes an invasion). No-win Wars Article 1 Section 8 Clause 11 requires a Declaration of War by Congress not any U.N. Resolution. Oppressive Environmental Regulations- No constitutional authorization for the EPA to even exist. States must stand up and Interpose such usurpations (10 th Amendment). Abortion - Article 3 Section 2 - Empowers Congress to limit Supreme Court and return the issue to the States. Pro-Life groups could fight/win on a level playing field. Common Core There is no constitutional authorization for the Federal Government to be involved in education, or Health Care. States must use 10 th Amendment. Energy Dependency No Constitutional authorization for the Dept. of Energy to even exist. States must Interpose for their citizens as is their natural right and duty. Problems Constitutional Solutions We are 5 days away from fundamentally transforming the United States of America. ~ Barack Obama Sometimes what is needed is not a change of personnel, its a change of structure. ~ Michael Farris Head of Convention of States Project But it will not follow from this doctrine that acts of the large society (Federal Government) which are not pursuant to its constitutional powers, but which are invasions of the residuary authorities of the smaller societies (State Governments), will become the supreme law of the land. These will be merely acts of usurpation, and will deserve to be treated as such. Hence we perceive that the clause which declares the supremacy of the laws of the Union, like the one we have just before considered, only declares a truth, which flows immediately and necessarily from the institution of a federal government. It will not, I presume, have escaped observation, that it expressly confines this supremacy to laws made pursuant to the Constitution; which I mention merely as an instance of caution in the convention; since that limitation would have been to be understood, though it had not been expressed. Thomas Jefferson We The People through our State Legislatures must hold our federal government accountable to the Constitution based upon its meaning as per Original Intent. The Founders did not intend for The Supremacy Clause to be a blank check. Page 10 Requiring Article V Surgery? Americas condition is CRITICAL ! Is there malignancy in our U.S. Constitution? Our Constitution Does Not Need Surgery! It Needs Those Who Swear An Oath To It, To Honor Their Oaths By Obeying It. Page 3 Patrick Henry said the 1787 Convention of the States (Con-Con) was a definite runaway: I would make this enquiry about those worthy characters who composed a part of the late federal conventionI have the highest veneration for those gentlemen; but sir, give me leave to demand, what right had they to say, We the People? who authorized them to speak the language of We the People instead of We the States? The people gave them no power to use their name. That they exceeded their power is perfectly clear The federal convention ought to have amended the old system for this purpose they were solely delegated. The object of their mission extended to no other considerations. Patrick Henry June 4, 1788 Speech at The Virginia Ratifying Convention Was the Convention of the States in 1787 a Runaway? Page 4 There has only been one Constitutional Convention in the history of America. It was convened for the: sole and express purpose of revising the Articles of Confederation. The delegates to a Constitutional Convention however are vested with sovereignty. Thus unrestrained, the delegates chose to disregard their mandate to simply revise and amend, deciding instead to scrap the Articles of Confederation altogether and to replace them with an entirely new document, our present U.S. Constitution. The delegates even went so far as to change the rules for the new documents ratification. Whereas the Articles of Confederation required unanimous ratification by all states, the delegates knowing that some states would object, reduced the ratification requirement to only of the states as per what is now in Article V. By the Grace of God the delegates were God fearing men who had just fought off the British at great personal sacrifice of Life, Blood & Treasure. They gave us our present U.S. Constitution What nature of men would be appointed as delegates today? Constitutional Convention 1787 Page 9 I doubt too whether any other Convention we can obtain, may be able to make a better Constitution. For when you assemble a number of men to have the advantage of their joint wisdom, you inevitably assemble with those men, all their prejudices, their passions, their errors of opinion, their local interests, and their selfish views. From such an assembly can a perfect production be expected? It therefore astonishes me, Sir, to find this system approaching so near to perfection as it does; and I think it will astonish our enemies, who are waiting with confidence to hear that our councils are confounded like those of the Builders of Babel; and that our States are on the point of separation, only to meet hereafter for the purpose of cutting one anothers throats. Benjamin Franklin September 17, 1787 Speech at the Constitutional Convention Benjamin Franklin also expressed doubt as to the wisdom of another Convention: Michael Farris has stated that anyone who says the delegates exceeded their authority is an Enemy of the Constitution. What Col. Mason actually said regarding Article V: as reported in James Madisons Notes of Debates in the Federal Convention of 1787 Page 649: Col. Mason thought the plan of amending the Constitution exceptionable & dangerous. As the proposing of amendments is in both the modes to depend, in the first immediately, in the second, ultimately, on Congress, no amendments of the proper kind would ever be obtained by the people, if the Government should become oppressive, as he verily believed would be the case. Final paragraph of Article I, Sect. 8 To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. COS promoters give false assurances that Congress will only set the time and place for a Convention. But Congress also has the Constitutional Authority to make ALL THE LAWS GOVERING an Article V Convention. There is not one quote from any Founder saying that Article V was to be used to rein in abuses of power and violations of the U.S. Constitution. As stated below by James Madison in Federalist #43, the purpose of Article V is to CORRECT ERRORS. (Funny how the COS crowd will never quote the Federalist Papers and heres the reason why: Page 5 Page 8 Dont interfere with anything in the Constitution. That must be maintained, for it is the only safeguard of our liberties. And not to Democrats alone do I make this appeal, but to all who love these great and true principles. ~ Aug 27, 1856 America will never be destroyed from the outside. If we falter and lose our freedoms, it will be because we destroyed ourselves. ~Jan. 27, 1838 Abraham Lincoln I have also repeatedly given my opinion that 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. Warren E. Burger Chief Justice of the United States Supreme Court It, moreover, equally enables the general, and the State governments to originate the amendment of errors, as they may be pointed out by the experience on one side, or on the other. Mark Levin claims that James Madison (the Father of the Constitution) strongly endorsed the use of Article V to call a Convention. He somehow always seems to miss this quote: James Madison said he should tremble for the result of a Second Convention. You wish to know my sentiments on the project of another general Convention I shall give them to you with great frankness If a General Convention were to take place for the avowed and sole purpose of revising the Constitution, it would naturally consider itself as having a greater latitude than the Congress appointed to administer and support as well as to amend the system; it would consequently give greater agitation to the public mind; an election into it would be courted by the most violent partisans on both sides; it would probably consist of the most heterogeneous characters; would be the very focus of that flame which has already too much heated men of all parties; would no doubt contain individuals of insidious views, who under the mask of seeking alterations popular in some parts but inadmissible in other parts of the Union might have a dangerous opportunity of sapping the very foundations of the fabric. Under all these circumstances it seems scarcely to be presumable that the deliberations of the body could be conducted in harmony, or terminate in the general good. Having witnessed the difficulties and dangers experienced by the first Convention which assembled under every propitious circumstance, I should tremble for the result of a Second, meeting in the present temper of America, and under all the disadvantages I have mentioned. ~ James Madison, November 2, 1788 ( Letter to George Thurberville) All men having power ought to be distrusted to a certain degree. ~ James Madison speech at the Constitutional Convention, July 11, 1787
Metrolina Family Practice Group, P.A., the Durwood Medical Clinic, Incorporated, North Mecklenburg Family Practice Group, P.A., Thomas Dunlin, M.D., Charlotte Medical Clinic, P.A., Ralph v. Kidd, M.D., Mecklenburg Medical Group, P.A., Travis Medical Clinic, P.A., Kouri Medical Clinic, P.A., Charlotte Internal Medicine Associates v. Louis W. Sullivan, Secretary of Health and Human Services, U.S. Department of Health & Human Services, 929 F.2d 693, 4th Cir. (1991)