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| States Should Enforce, Not Revise, the Constitution! | | Print | |
| Written by Larry Greenley | ||||||||||||||||||||||||||||||||||||
| Monday, 29 November 2010 00:00 | ||||||||||||||||||||||||||||||||||||
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The Tenth Amendment Movement
THAT the State of Oklahoma hereby claims sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the Constitution of the United States.
Economics professor Walter E. Williams provided a major publicity assist to Rep. Key’s effort with his nationally syndicated column on July 16, 2008, entitled “Oklahoma Rebellion.” Dr. Williams concluded his article by saying: “State efforts, such as Oklahoma’s, create a glimmer of hope that one day Americans and their elected representatives will realize that the federal government is the creation of the states.” If those who administer the general government be permitted to transgress the limits fixed by that compact, by a total disregard to the special delegations of power therein contained, an annihilation of the state governments, and the creation, upon their ruins, of a general consolidated government, will be the inevitable consequence.
Jefferson wisely warned that allowing the central government to be the sole judge of the extent of its own powers would result in “nothing short of despotism.” He held further that “the several states who formed that instrument, being sovereign and independent, have the unquestionable right to judge of its infraction; and, That a nullification, by those sovereignties, of all unauthorized acts done under color of that instrument, is the rightful remedy.” (Emphasis added.) 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.... 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 … [and] would no doubt contain individuals of insidious views, who, under the mask of seeking alterations popular in some parts … might have the dangerous opportunity of sapping the very foundations of the fabric.... 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 in America. [From a letter by James Madison to G.L. Turberville, November 2, 1788.]
There in a nutshell you have the basic warning by The John Birch Society, the Eagle Forum, the American Policy Center, and many other constitutionalist organizations, against the convening of an Article V constitutional convention.
Specifically, you asked for my opinion on the question: “Can a constitutional convention be limited by Congress or the states to a single issue?”… It is my view … that a federal constitutional convention could not be limited to a single issue.... The original Philadelphia convention went well beyond the purposes for which it was called and nobody has suggested the Constitution is a nullity for that reason.
As Judge Bork noted, our original Constitutional Convention of 1787, which would be a powerful precedent for any new constitutional convention, was a “runaway” convention in the sense that the delegates exceeded both their instructions from the Confederate Congress and the original agreement between the 13 states, the Articles of Confederation. The Confederate Congress convened the convention for “the sole and express purpose of revising the Articles of Confederation.” Nevertheless, the Constitutional Convention immediately set about devising an entirely new plan of government that would replace wholly the Articles of Confederation and establish a completely new national legislature in place of the then-existing Confederate Congress. Then, even though Article XIII of the Articles of Confederation required that all alterations in the Articles be approved by the unanimous consent of the state legislatures of all of the states, the Constitutional Convention created its own provisions for ratification in Article VII of the new Constitution: 1) only nine states would be required to ratify this new Constitution instead of 13; and 2) ratification of the new Constitution would be accomplished through state conventions, not state legislatures.
In January of 2011 history will be made when the same Article V Convention Resolution is introduced in every state legislature in the United States. Never before has the same call for an Amendments Convention occurred at the same time. The 10 Amendments for Freedom organization is well on its way to having a sponsor in every state which will introduce the same resolution.
Thirty Years of Con-Con Battles [Click here to download a PDF of this article as it appeared in print in the December 6, 2010 issue of The New American magazine; the PDF includes a "Key Quotes" sidebar that has not been included in this online article. Click here to buy reprints of this article as it appeared in the December 6, 2010 issue of The New American.]
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Comments (22)
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T. Dan Tolleson
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Thanks, Larry, for giving us a "tour de force" of the options now facing our nation. This quotation is especially relevant: Jefferson wisely warned that allowing the central government to be the sole judge of the extent of its own powers would result in “nothing short of despotism.” He held further that “the several states who formed that instrument, being sovereign and independent, have the unquestionable right to judge of its infraction; and, That a nullification, by those sovereignties, of all unauthorized acts done under color of that instrument, is the rightful remedy.” (Emphasis added.) |
JJ Suprise
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Well there you have it folks, right from the horses mouth above, Williepayne says we should "stop complaining" because he is the authority on the Obamacare law and health insurance and "we won't lose anything" so, stop complaining, Nancy and The One know what is best for you and Williepayne has validated it. Oh, by the way, Williepayne, if you actually believe what you said above? I have a wonderful piece of ocean front property, with a beautiful golden gate at the head of the driveway and a magnificent 360 degree ocean view, in Nebraska that I will give you a great deal on. Really, Nancy was going to buy it but she couldn't afford it, I wasn't willing to give HER the deal that I will give YOU!!! Got Article 1, Section 8 ? HooDeeHoo! JJ Suprise Sandy, Utah |
JJ Suprise
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To Mr. Walker Sir, You say that Madison's letter was taken out of context and that he wasn't talking about Article 5? How in the hell can you say that? I just went back and re-read that portion of this article and it seems quite clear that he is talking EXACTLY about Article 5, because he says "general convention" and Article 5 is where that provision is found. I don't have time to go read all of your "facts" that expose all of the "lies" of the JBS so how about you do us all a favor and list out a few of those lies to save us all a little time. Or perhaps just a link to your most hard hitting, truth telling exposure of the lies told by the JBS. If you think that an Article 5 Convention would be a good thing in today's political climate, then I have some ocean front property in North Dakota that you might be interested in. Got Article 1, Section 8 ? HooDeeHoo! JJ Suprise Sandy, Utah |
JJ Suprise
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Another interesting thing, is that the RCPUSA(Revolutionary COMMUNIST PARTY U.S.A. is in favor of an Article 5 Convention right along with YOU Mr. Walker and your buddies at "Friends of Article 5". You may be friends of Article 5, but you are surely NOT a friend of The United States of America. Let me ask you a question Mr. Walker. If Congress does not follow the Constitution we currently have, what makes you think they would follow a revised edition? I would say that if we had a Convention, we would end up with a Constitution similar to the U.N. Charter, or the version that the RCPUSA has created, which of course, is practically a spitten image of the Soviet Constitution and the U.N. Charter. Unbelievable the great job that the Conspiracy has done in getting people to fall for this horrendous trap called "friends of Article 5". Got Article 1, Section 8 ? HooDeeHoo! JJ Suprise PS. All that is necessary to bring our Government back to its Constitutional moorings is for Congress to follow the "herein granted" legislative powers outlined in Article 1, Section 8. The Constitution is NOT BROKE, it is Americans like Mr. Walker and "friends of Article 5" who are broke and need to be fixed. |
JJ Suprise
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Guess What Soverign, That is what the States who sent delegates to the original convention thought in regards to their mandate to the delegates to "revise" the Articles of Confederation!! They did not REVISE them, they SCRAPPED THEM COMPLETELY against the commands of the States who sent them there to do the revisions. The truth is that there is NO WAY to stop a runaway convention. God help us if one is ever called in today's political climate. And once again I must ask this question, what in the world makes any of you "friends of Article 5" think that our current batch of vipers in Washington D.C. would follow a revised edition or an amended version of the Constitution when they don't follow the current version??????? The ONLY way it will be followed is if it has all of the big government, police state, warfare state, welfare state, redistribution state nonsense written right into the document. Then they will follow it. This Article 5 nonsense is exactly that and also a very dangerous trap!!! Got Article 5 ? Just say NO!!!! Got Article 1, Section 8 ? HooDeeHoo! |
One Sovereign Citizen
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Run-Away Congress The only thing run-away these days is Congress itself. When was the last time they did you any favors? Beware the Liars - JBS |
JJ Suprise
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I don't expect any favors from Congress, I want them to get the hell back into their Constitutional fireplace and leave me the hell alone!!! You didn't answer my question? And if there are any liars around here they are YOU!!! Got Article 1, Section 8 ? HooDeeHoo! |
One Sovereign Citizen
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Congressional Favors Congress is your employee and my employee and they should be doing us FAVORS every day of the year; instead they curry favor with multinational corporations and bring We The People DEBT. |
JJ Suprise
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Wrong again, They might be our employees but their job is NOT of give us or anyone else FAVORS! Their job is to FOLLOW THE "HEREIN GRANTED" POWERS OUTLINED IN ARTICLE 1, SECTION 8!!! If they would just do that, ALL of our problems would be solved. Period. No need for conventions or amendments. Just follow the document as it is written. Got Article 1, Section 8 ? HooDeeHoo! |
JJ Suprise
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Oh and once again, What in the hell makes you think they would follow the revised edition? Got Article 1, Section 8 ? HooDeeHoo! |
JJ Suprise
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Constitutional Scholars? I guess Madison was not a Constitutional Scholar? Oh you must mean the Constitutional Scholars like the one I met in Colorado who insisted that the 10th Amendment was a limitation on the States NOT the Federal Government? Or perhaps one of the Constitutional Scholars who thinks that the Commerce Clause and Welfare Clause, really mean the Everything Under the Sun Clauses? And you are correct about Congress not being willing to "curb their bad habits" as long as we have citizens like you out there looking for a way to "pass the buck" so you don't have to take responsibility for their bad habits it will continue to be that way and a revised Constitution will NOT CHANGE THAT. And I bet you have brown eyes don't you? You are full enough that you should have brown eyes if you don't. The ONLY reason our Constitution was not destroyed by the likes of you back in the 70's is because of the educational efforts of the JBS. How about you list a few of these LIES by the JBS there pal. The historical precedence is there on this issue and the JBS is simply stating the FACTS, you only call them LIES because you are incapable of dealing with the truth and are looking for an easy way out of this mess when the fact is that THERE IS NO EASY WAY!!! For a little clarification on that go here: http://usedbrainacademy.com/No Easy Way 1.mp3 and here http://usedbrainacademy.com/No Easy Way 2.mp3 And finally, go back to third grade and learn how to write a proper sentence. Got Article 1, Section 8 ? HooDeeHoo! |
One Sovereign Citizen
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YOU STAND CORRECTED... MADISON WROTE IT SO HE COULDN'T BE A SCHOLAR OF HIS OWN CREATION. THEY'RE CONFUSED. HOW ABOUT: "STRICT TERM LIMITS" - "BALANCED BUDGET" - "STANDARD VOTING UNIT WITH TRANSPARENT CODE" - "ONE SUBJECT LEGISLATION" - "READ THE BILL" FOR BEGINNERS. CONGRESS WILL NEVER PASS ANY OF THESE WITHOUT AN ARTICLE V AMENDMENTS CONVENTION. AN AMENDMENT THAT BOOTS ANY MEMBER OF GOVERNMENT OUT OF SERVICE ON A FAST-TRACK BASIS WOULD RID THE GOVERNMENT OF POLITICIANS WHO THINK THEY'RE THE OWNERS OF THIS COUNTRY. WE THE PEOPLE ARE SOVEREIGN, NOT CONGRESS. YOUR MAMA DIDN'T WASH YOUR DIRTY MOUTH OUT THOROUGHLY ENOUGH. TRY TO AVOID PERSONAL ATTACKS AND STICK TO THE SUBJECT BEING DISCUSSED, IF YOU CAN. HOW ABOUT JBS CLAIM THAT THEY SUPPORT THE U.S. CONSTITUTION E-X-C-E-P-T ARTICLE V? 404 ERROR FILE NOT FOUND -- THE PAGE YOU ARE LOOKING FOR MIGHT HAVE BEEN REMOVED, HAD IT'S NAME CHANGED, OR IS TEMPORARILY UNAVAILABLE. 404 ERROR FILE NOT FOUND -- THE PAGE YOU ARE LOOKING FOR MIGHT HAVE BEEN REMOVED, HAD IT'S NAME CHANGED, OR IS TEMPORARILY UNAVAILABLE. THAT'S GOOD ADVICE - PLEASE HEED IT. |
JJ Suprise
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I have no tolerance, for people like you and have no desire to be nice. I am sick of people like you trying to ram dangerous crap down our throats that you think will be a solution to our problems, history shows that your solutions are NOT. Hell the COMMUNIST PARTY USA is in favor of a Article 5 Convention and they have even drawn up a totally new Constitution to be introduced at a Convention if God forbid we ever have one. Peas in a pod? If the Communists are supporting it, it must be a good thing for your ilk and it says a hell of a lot about the whole dangerous scheme and it says a hell of a lot about the "friends of Article 5". You go on ahead trying to get a Constitutional Convention going and I will keep doing everything in my power to stop it. Got Article 1, Section 8 ? HooDeeHoo! |
JJ Suprise
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One more thing, "MADISON WROTE IT SO HE COULDN'T BE A SCHOLAR OF HIS OWN CREATION." What an asinine statement! He wrote it, he IS the scholar of it. Got Article 1, Section 8 ? HooDeeHoo! |
One Sovereign Citizen
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PROVE IT... First your links don't work, then you claim that the Communist Party supports an Article V Convention -- prove it with links that actually work in a functional manner. It appears that it's JBS against (Google Search) About 2,590,000 results (0.19 seconds) -- Wimpy Buy more Lava soap -- the first case didn't clean up your dirty mouth. |
Pat Henry
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Bogus? The bogus argument is the illogical suggestion that state nullification would be equivalent to or lead to civil war. Pat Buchanan noted, several election cycles ago, that we are already in a "culture war." Nullification is legal, and sensible at this point in our history. We are beyond one-size-fits-all nationalism. State by state is a more "local" solution to hammering out our differences, without having "federal" top-down "laws" provoke out and out rebellion. Nullification is a civil solution. |
BGen Peter F. Steele USMC Ret
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... Dad was a patriot who was not a socialist or communist but went broke because the Democrats wanted him broke and dead. LBJ broke my father's financial back in 1963 and forced him to buy Hitlerwagens which is what I call the old VW Beetle. Therefore Dad was too great a man to be given an obituary in the New York Times which is a liberal CFR newspaper which did a lot of damage to our country. FDR was no good because he hated our Constitution. |
Terry McCall
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Help in MN Larry, Great article. We are meeting with the leadership of the newly elected MN Legislature soon. It's the first time in 38 years that the GOP has taken the majority in both House and Senate. In a pre-meeting with a strong Liberty minded Rep, he mentioned that the leadership was leaning towards a 'Repeal Amendment' like Virgina's. This smacks of a Con-Con to us. We want them to use Nullification. I plan to get your article to as many of the leaders on our team as possible. Can I copy and forward it? Any thoughts; suggestions? Terry McCall MN |





According to a Gallup poll published on October 13, 2010, 59 percent of Americans think the federal government has too much power. This represents a dramatic, 20-percent increase over the past seven years. Furthermore, we’ve all witnessed an amazing series of federal power grabs in the past few years: the bailouts, the government takeovers, the stimulus bill, the healthcare “reform” law known as ObamaCare, the financial regulatory law, the EPA’s regulation of greenhouse gases, the trillion-dollar deficits. Among constitutionalists, libertarians, Tea Party activists, Republicans, and Independents, the common expression is that our federal government is “out of control.”



