stop the article v convention by peter boyce

6
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 America’s 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” WARNING PATRIOTS: 609-501-3351

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What YOU are not being told about an Article V Convention

To fundamentallyTo fundamentallyTo 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 America’s

problems. Her accusers demand she be put on the Article V “Operating Table.”

Peter F. BoyceU.S. Constitution Course Instructor

www.BoyceYourVoice.com

“Do not Drink the Con-Con Kool-Aid”

“I’m 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 nation’s

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 Liberty’s 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 FED’s 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 (10th 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 10th 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, it’s 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?

America’s

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 convention…I 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 HenryJune 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 document’s 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 ¾ 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

another’s throats.”

Benjamin FranklinSeptember 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 Madison’s

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 here’s the reason why:

Page 5 Page 8

“Don’t 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