Posted by
Glenn Flowers on Wednesday, July 23, 2008 6:47:28 AM
I have dedicated my time on-line to finding a legal, non-violent way to force Congress to actually represent the will of the people who elected them. I concentrated specifically on the admonition in the Declaration of Independence that it was our duty to throw out an unjust government and re-establish it to suit our ideas of what government should be. I figured there had to be a process or law spelled out somewhere to provide the ability to perform such an act. The only obvious methods I found initially, were by voting for candidates that we agreed with and voting out incumbents, and by expressing our displeasure with them by writing or otherwise communicating with them.
After more searching, I have found the tool that was expressly meant to allow for a more direct and personal control of government written into the Constitution. It is Article Five of the Constitution, written by Alexander Hamilton and called the "Ammendment Article". It states…
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.
This allows for states to have a say in what the Constitution is and to have a way to change it. Even though it says Congress shall call for a convention when 2/3rds of the state legislatures apply for it, the Congress has ignored 576 applications by all fifty states since the Constitution was ratified. All sorts of different reasons have been used by Congress, but the truth is they just don’t want to let anyone else, including the people, to have the power to ammend the Constitution. Eighteen lawsuits by different people, companies, politicians, etc., have been filed and all have been dismissed for one reason or another, or Congress has found a way to immunize themselves against the court decisions. In the most recent case in front of the Supreme Court of the United States, Walker v. the Members of Congress, 2006, the attorney for Congress, agreed to by all members, refused to reply to a writ specifying the reasons for the lawsuit, thereby affirming the writ as true, and constituting a confession of guilt by the defendants. The Court ruled that Walker had no standing to bring a suit against Congress but did not explain why. It also stated that the refusal to reply to the writ would be recorded and any future court that ruled in favor of a plaintiff could use the refusal as a sentencable action. In other words, every member of Congress plead guilty to two federal crimes. One being, that they failed to uphold and abide by the Constitution, and two, that they violated their Oath of Office by not enforcing the Constitution. The court dismissed the lawsuit but entered the non-response to the writ as offenses confessed into the record for future sentencing.
Congress came away believing they had won because the court dismissed the suit and they had not been thrown in jail. As a result, they are of the belief that only they can ammend the Constitution, and that they can ignore it anyway they see fit.
The court dismissed the suit because they found Walker was not entitled to file such a suit. I believe that ruling was because Walker was not a member of a state legislature and that is what Art. Five addresses. But, even though it dismissed the suit, it obviously agreed that the refusal to respond to the writ was an admission of criminal activity in that it entered it into the record.
Congress, in their false sense of superiority over the people, have, at every opportunity, have acted to limit or completely deny the voters the right to control their activities and our government. The only method for the people to remain the authority is to VOTE OUT EVERY INCUMBENT MEMBER OF CONGRESS and start new.
Let everyone of us, no matter how good we believe our elected officials are, no matter what party we belong to, have the will to do what was done in 1938, vote out the majority, if not the entirity, of Congress and vote in those who seek to do the right thing, that being, represent their constituents.
For more info on Article Five and the fight to force Congress to hold a convention go to the Friends of Article V Convention website…
http://www.foavc.org/
Glenn Flowers