Posted by
Glenn Flowers on Saturday, July 19, 2008 6:44:50 PM
U.S. CONSTITUTION - ARTICLE V
The Congress, whenever two thirds of both houses shall deem it necessary, shall propose ammendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call for a convention for proposing ammendments, 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 ammendment 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.
That is, word for word, Article Five of the Constitution. This article was the tool given to the People to allow them to ammend the Constitution or to replace it or the entire goverment if they found it necessary. It states that if two thirds of the states file applications for a convention, Congress must hold a convention for the purposes of the states. The applications from the states do not have to be all for the same reasons, and regardless of the reasons it is mandatory that Congress hold the convention .
Since 1789, there have been 576 applications filed by fifty states in the attempt to keep Congress in check, repeal income taxes, and propose ammendments, yet there has never been a single convention held. Why? Because Congress has simply refused to recognize the applications and ignore their duty to hold a convention. This has prevented the people from having any over Congress except at the voting booth. See a complete list of applications for conventions filed by state, date, and reasons here…
http://www.article-5.org/file.php/1/Articles/Table_Summarizing_State_Applications.htm
See the listings, summaries, and legal questions about eighteen actions taken from 1803 to 2006 against Congress by states, individuals, companies, and politicians, including an appeal to the Supreme Court, trying to force an Art 5 convention by Congress. None have ever succeeded.
http://foavc.org/file.php/1/Articles/FAQ.htm#Q8.4
In the appeal to the SCOTUS, Walker, the plaintiff, filed a writ describing the violations he was charging every member Congress with. They were violations of federal law for violating the Constitution, and violating their oath to uphold the Constitution, another federal crime. The attorney for Congress admitted that the charges were all true, but that the SCOTUS did not have authority to pass sentence on Congress. The SCOTUS agreed that they lacked the authority, but acknowledged that Congress had confessed to federal felonies. The court did not exempt Congress from penalties of the crimes, leaving the possibility that they could still be punished for crimes they have admitted to. The court has certified and recorded the confessions of every member of Congress insuring they are on the federal crime records and are subject to future sentencing..
But, the irony is a twisted equation of precedence and advisory rulings that include gains and losses for Congress that, essentially leaves the Constitution intact in legal terms. But in Congress’ eyes, they got away with it, and are still acting as if they have the authority to bypass or even destroy the Constitution. That is why they make up new rules, say things like, "I don't care what anyone does, we are not going to allow it to happen", and act like dictators.
The judge dismissed the appeal so Congress considers that a victory, even though the court found them guilty of federal felonies but could not sentence them. Congress sees it like this, "We didn't go to jail, we are still in office, and the judge admitted he had no authority over us. Let's continue persecuting the people and denying them their rights, no one can stop us now."
http://foavc.org/file.php/1/Articles/The%20Final%20Irony.htm
The founder of the Friends of Art V Convention website is Bill Walker, the plaintiff in the two most recent suits against Congress. There are videos and audio files, PDFs and charts and tables documenting the entire battle over the rights of the people to govern themselves. It is fascinating and very educational, not to mention the inspiration gained by Walker’s tenacity and patriotism.
Every American should study this web site and learn the rules of war with Congress.
Glenn Flowers