Article V & Nullification are "WE the People" Kin Folk

Article V & Nullification are "WE the People" Kin Folk

This post is modified with corrections from a similar post that was posted on Mario Apuzzo's blog on December 30, 2014 at 11:00 PM.

>> http://puzo1.blogspot.com/2013/07/the-constitution-rule-of-law-and.html?commentPage=16

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Robert said...

An Article V Convention would be held on the premise that writing new laws would be an effective remedy against those who are violating the current laws. It would also be attended and prosecuted by those very violators. I'm sorry, but this sounds like insanity to me. It is, in the least, a sucker play.

A more effective remedy is to push for nullification of and passive resistance to the current set of unconstitutional actions. All we need is for one state - or even one Governor or one Senator - to stand up for our Constitution. The truth will take care of the rest.

So, while we flood the offices of our current politicians with the truth and confront them, their staff, their associates, and their family at every opportunity and at every place they can be found, we need to flood the precinct meetings of both major parties, push the Constitution as the primary agenda, and elect people who are dedicated to upholding it. We need to elect Sheriffs with backbones and knowledge of the Constitution (As Constitutional officers, they can arrest public servants for treason.) and follow this pattern all the way up the political ladder.

As these folks take office we need to demand that they completely rebuild their staffs with individuals who will hold fast to the Constitution. It would also be a great idea if we could limit the time that anyone can spend in paid public service. No super healthcare plans. No public retirement programs. These folks need to be completely dedicated to serving and building the private sector - because they will be returning to it!!

We the People have the right to remove those who have violated their oaths of office by several means, often referred to as the "four boxes": the soap box, the ballot box, the jury box, and the cartridge box. In the Constitution the last of this list is actually 2nd. "... necessary for the security of a free state.." obviously implies the "state" as it was established by the Constitution: one of limited and enumerated powers (and specific presidential eligibility requirements).

Even though We the People entrust the President with the power and responsibility of his oath of office, as the true sovereign citizens of this Constitutional Republic, it remains our birthright and our duty to preserve, protect and defend it against all enemies foreign and domestic.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

ajtelles said...

Robert, on December 30, 2014 at 12:08 AM you certainly made some cogent points, but something is missing in the solution. That something has to do with the time frame for doing all the good things that you wrote should be done, and the hit-or-miss element of getting the "we need" items done in an organized and timely manner.

"A more effective remedy is to push for nullification..."
"All we need is for one state - or even ..."
"So, while we flood the offices of ..."
"... we need to flood the precinct meetings of ..."
"... push the Constitution as the primary agenda ..."
"... elect people who are dedicated ..."
"... elect Sheriffs with backbones ..."
"... we need to demand that they completely rebuild their staffs ..."
"... a great idea if we could limit the time that anyone can spend in paid public service ..."
"We the People have the right to remove those who have violated their oaths of office by several means, often referred to as the "four boxes": the soap box, the ballot box, the jury box, and the cartridge box. ... ."

An Article V convention of "several states" legislatures to propose one or multiple amendments, such as was done in 1791 with ratification of the 12 amendments, which was whittled down to 10 amendments, including the 2nd, is the constitutional way to "nullify" the errors of any Federal administrator of OUR Federal Government. The time frame could be shorter in fulfillment than the "we need" items listed above, or it could take longer than it should if the the pro-nullification proponents that I have heard on Youtube such as Publius Hulda, James Madison Rebukes Nullification Deniers,* whose passion I really appreciate and whom I respect as a true American patriot, continue to mislabel Article V proponents such as Mike Farris and Mark Levin as something like the Devil's disciples, and mislabel an Article V convention of states legislatures as a constitutional convention, a con-con.

* (1hr24min speech on March 17, 2014 — https://www.youtube.com/watch?v=0ay8Niu7ndM )

Article V gives authority to convene to propose amendments to two entities, the U.S. Congress and the "several states" legislatures, who wrote themselves into the Constitution in Article V because the "several states" predate and are the creator of it's creature, the U.S. Constitution, and they chose to "nullify" the errors of it's creature, the Federation, with an Article V convention of states legislatures. If the Congress can convene to propose amendments to be ratified by the several states, well, then, so can the "several states" convene to propose amendments. Right?

Of course Madison's and Jefferson's, especially Jefferson's articulation of simple state "nullification" to counter Federal errors, is the natural law right of the several states. Since the natural law right of "nullification" predates the written U.S. Constitution, it is not a constitutional right. That simply means that it is a natural right of a free state to defend itself from tyranny, to practice self defense. In other words, it is a natural law right that predates the 2nd Amendment, which was ratified because it was a natural law right that did not need a positive law for it to be a natural law right.

Also, because the natural law right of "nullification" predates the positive law of a written constitution, the framers inserted and the ratifiers ratified, their natural law right of "nullification" into Article V of the Constitution to protect the natural law right of the "several states" who were the creator, singular, of their creature, the written Constitution, and the Federation that the written constitution defined, the bicameral Congress, House and Senate, the singular Executive President, the Supreme Court.

Article V starts with these words:

"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: ... ."

The point is that "whenever" means whenever, of course, and implying for whatever reason the Congress or the "several states" may want to convene. It could be to restrict distribution of alcohol, or to repeal the restriction 14 years, 10 months and 20 days later. The 16th Amendment, fulfilling the 2nd plank of the Communist Manifesto*, a heavy progressive or graduated income tax, is still the cash cow of the progressives after ratification in the Woodrow Wilson administration of OUR federal government on February 3, 1913. It will be 102 years next February 2015.

* ( http://en.wikipedia.org/wiki/The_Communist_Manifesto )

Also, the 17th Amendment, ratified on April 8, 1913 in Woodrow Wilson's administration of OUR federal government, repealed the original Article I Section 1 Clause 1 which said that the two Senators for each state were to be "chosen" by the state legislatures.

The original intent was simple: Article I Section 2—Representatives, Article 1 Section 3—Senators, and Article II Section 1—Executive.

(1) The grassroots, the people closest to the candidate, were to "elect" their Federal Representatives. (2) The states were to "choose" their own Federal Senators who were to represent their individual state to the Federal Government, meaning as equals among the other states regardless of population. (3) The electors were to "vote by ballot" for the Executive of the Federal Government who would be the referee to make sure that the people's interests in the House and the states interests in the Senate were to be protected but not controlled by the Executive.

That was brilliant!

(1) The people "elect" their Representative "to" the Federation.
(2) The states "choose" their Senators "to" the Federation.
(3) The electors "vote by ballot" for the Executive "of" the Federation.

But because of the 17th Amendment taking control away from the states of "choosing" their two Senators who were to represent the interests of their individual states "TO" the Federal Government, the direct "election" of the two Senators has gradually degenerated into a political pig sty situation with the two Senators turning on their individual states and representing the interests of the Federal Government, mainly the Executive, "TO" their states. Obamacare is the most recent and obvious case in which many Federal Senators voted for Obamacare and went against the wishes of their Governors and their Attorney's Generals who were fighting in the courts against Obamacare.

THAT political war between the Federal Senators and their states is one example of why the 17th Amendment MUST be repealed. After the states take back control of their own two Federal Senators, then WE the People, in an Article V convention of the "several states" to propose amendments, WE the People can use the return of the Senators to the control of the states to repeal the Marxist progressive 16th Amendment. Now THAT is definitely an idea whose time has come.

Also, an Article V convention of states legislatures to amend Article II Section 1 Clause 5 and clarify the meaning of "natural born Citizen" for us and for our own posterity MUST be addressed by the "several states," either after but preferably before the 17th Amendment is repealed by an Article V convention of the states legislatures because the entrenched U.S. Congress House AND Senate definitely will not convene to repeal the 17th Amendment and return the Federal Senator back to the control of the "several states."

I have recently written some of this on my blog*, titled Time to Change the Conversation—Time to Choose.

* ( http://originalbirtherdocument.blogspot.com/ )

Art
U.S. Constitution: The Original "Birther" Document of the perpetual "Union"

The "perpetual Union" as clarified by Pres. Lincoln in his first inaugural address in 1861
See paragraph #14 at Bartleby.com ( http://www.bartleby.com/124/pres31.html )