Since that time, talk radio pundit Mark Levin has published “The Liberty Amendments,” which draws extensively on the rantings of retired law professor Rob Natelson, who is working with the Independence Institute and the American Legislative Exchange Council (ALEC) to convince state legislators that the only solution to out-of-control government is to amend the Constitution.
This is both dangerous and absurd. The problem isn’t the Constitution; its the honor-less power-hungry thugs we’ve elected who refuse to keep their oath to support and defend the Constitution.
Tea Party Patriots co-founder Mark Meckler, working with alleged constitutional lawyer Michael Farris and Professor Natelson, has launched the Convention of States project, which is hell-bent on facilitating an Article V “Convention for proposing Amendments.” Tea Party Patriot co-founder Jenny Beth Martin also supports this endeavor, as do many alleged conservatives.
Amending the Constitution will not make public servants uphold it. If your spouse is cheating on you, you don’t amend your marriage vows to fix the problem. You either correct the spouse’s behavior, or you replace them.
ORIGINAL ARTICLE, published March 29, 2013.
Kansas Rep. Brett Hildabrand (R- District 17), on the advice of Kansas Secretary of State Kris Kobach, has introduced HCR-5016, a resolution calling for a constitutional convention, or con-con, as it’s referred to by both proponents and opponents. Senator Mary Pilcher-Cook has introduced SCR-1613, a joint resolution in the Kansas Senate that mirrors Rep. Hildabrand’s. On Tuesday, SCR-1613 was referred to the Kansas Senate’s Standing Committee on Federal and State Affairs.
These resolutions, along with the push across the country to trigger a constitutional convention must be stopped. It is ill-advised, and dangerous. Before you get caught up in this being a solution for an out of control federal government, read for yourself what the “supreme Law of the Land” says about the amendment process.
The U.S. Constitution’s, Article V reads:
“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.” (Emphasis added.)
Patriot Coalition co-founder Jeff Lewis, is co-author of The Intolerable Acts ACTION CENTER NDAA resolutions for state and local governments and “The Restoring Constitutional Governance Act” for states and Congress Mr. Lewis, who also sits on the advisory council for the Citizens Constitutional Caucus warns,
“This push for a con-con is dangerous. It’s playing Russian roulette with the Constitution and Bill of Rights, except instead of only one bullet chambered, there’s only one chamber empty. Since Article V of the Constitution authorizes Congress to decide whether state legislatures or conventions will be used to decide on the ratification/adoption of any proposed amendments to the Constitution, there is no guarantee that state legislatures won’t be completely bypassed, and since We the People won’t know what method Congress chooses until after the trigger is pulled on scheduling a constitutional convention, this is playing with fire. This is an ill-conceived diversion away from the discussion of what is really at the root of our nation’s problems, and that is an abject failure and refusal by public servants to uphold their oaths of office to support and defend against all enemies, foreign and domestic the Constitution of the United States.“
It also presumes that the other 49 states would only bring to the convention the same issues for consideration of amending the U.S. Constitution that Kansas has brought. That position is not supported by history, nor by Article V of the Constitution whatsoever.
On the March 24, 2013 Kris Kobach Show, Patriot Coalition general counsel Richard D. Fry debated Secretary of State Kobach on the pros and cons of a constitutional convention. Constitutional law professor Kobach is advising the citizens of Kansas and the Kansas legislature that if they adopt this resolution, and two thirds of the states pass a similar resolution calling for a con-con, that it will restrain it from turning into a “runaway convention.”
Mr. Fry, a constitutional attorney and defender of liberty, reached out to conservative icon and constitutional attorney Phyllis Schlafly, founder of Eagle Forum regarding her position on a modern-day constitutional convention.
Mrs. Schlafly, in the attached letter dated March 27, 2013 “A Convention to Amend Our Constitution Is a Terrible Idea“expressed similar deep concerns, stating,
“Eagle Forum is totally opposed to calling a new Article V convention and will oppose anyone who votes for one.”
The Eagle Forum founder continued,
“The miracle of our great United States Constitution is that it has lasted for more than two centuries, accommodating our great geographic and economic expansion and political problems, while preserving individual liberties. I don’t see any James Madisons, George Washingtons, Ben Franklins or Alexander Hamiltons around today who could do as good a job as was done in 1787, and I’m very concerned about the politicians who think they can improve on our Founding Fathers.”
Mrs. Schlafly reached out to then-U.S. Supreme Court Chief Justice Warren Burger in 1988 regarding her concerns about a con-con.
Chief Justice Berger’s opinion was that “there is no effective way to limit or muzzle the actions of a Constitutional Convention.”
Tom DeWeese, founder of the American Policy Center, in February 6, 2013 action alert, requested help to “slam the door on this insanity once and for all.”
In an American Policy Center Newswire published March 29, 2013, Mr. DeWeese reports in “The Con Con Call is Growing Stronger,” stating,
“More and more states are introducing calls for a Constitutional Convention, specifically to demand a balance budget Amendment to the Constitution. Kansas, Ohio, Georgia and Indiana are the latest to issue legislation to call for a Con Con. Kansas State Rep. Brett Hildebrand says he plans a national campaign to get other states to join them. Armed with assurances from Kansas Secretary of State Kris Kobach that a Con Con can be controlled, Hildebrand says he now believes that Constitutional safeguards will prevent bad things happening to the Constitution in such a convention.“
Secure the Republic’s Secure Arkansas reports that the American Legislative Exchange Council (ALEC) is engaged in a national campaign to convince state legislators that a constitutional convention can be constrained to a single issue.
In “The Effort to Dismantle Our Constitution,” posted on Secure the Republic’s Constitutional Convention website, Jackie Patru states,
“We’ve come to realize that, even though the liberals are blamed for the downfall of America, the phony conservative leaders have held the door open for them to do so. We urgently appeal to true conservative state legislators and Americans in all political parties to open their eyes to the fact that the Democrat and Republican parties are a single two-headed monster.“
Please educate yourself, read the simple language of Article V, and demand your public officials uphold their oath to support and defend the Constitution instead of trying to destroy it.
God Bless America and Those that Defend Her!
The Intolerable Acts ACTION CENTER