{"id":14465,"date":"2015-01-31T20:16:23","date_gmt":"2015-02-01T00:16:23","guid":{"rendered":"http:\/\/www.nhteapartycoalition.org\/tea\/?p=14465"},"modified":"2015-01-31T22:39:27","modified_gmt":"2015-02-01T02:39:27","slug":"newsflash-state-hb-148-cannot-control-article-v-convention-delegates","status":"publish","type":"post","link":"http:\/\/www.nhteapartycoalition.org\/tea\/2015\/01\/31\/newsflash-state-hb-148-cannot-control-article-v-convention-delegates\/","title":{"rendered":"Newsflash! State HB 148 Cannot Control Article V Convention Delegates"},"content":{"rendered":"

DELEGATES TO AN ARTICLE V CONVENTION<\/a> CAN’T BE CONTROLLED BY STATE LAWS<\/strong><\/p>\n

Can State Laws Control Delegates?<\/strong><\/p>\n

Convention supporters say we don\u2019t have to worry about any of the above because States can make laws controlling their Delegates.<\/p>\n

Really? James Madison, Father of our Constitution and a consistent opponent of the convention method of proposing amendments, didn\u2019t know that. Two US Supreme Court Justices didn\u2019t know that. They said there is no effective way to control the Delegates.<\/p>\n

But in case you are uncertain as to who is telling you the Truth \u2013 and who isn\u2019t – I will show you how easily State laws which pretend to control Delegates can be circumvented.<\/p>\n

Let\u2019s use House Bill 148<\/a>, recently filed in the New Hampshire Legislature, to illustrate this:<\/p>\n

Section 20-C:2I.of the New Hampshire bill says:<\/u><\/p>\n

\u201cNo delegate from New Hampshire to the Article V convention shall have the authority to allow consideration, consider, or approve an unauthorized amendment to the Constitution for the United States of America.\u201d[italics mine]<\/p>\n

Section 20-C:1 V. of the bill defines \u201cunauthorized amendment\u201d as:<\/u><\/p>\n

\u201cany amendment outside the scope permitted by the Article V petition passed by the general court of New Hampshire\u201d.<\/p>\n

What is wrong with this?<\/p>\n

\u2022 It doesn\u2019t prohibit New Hampshire Delegates from proposing or approving anew Constitution.
\n \u2022 Article V of the US Constitution provides that Amendments will be proposed at the convention. Any state laws contrary to Article V must fall under the supremacy clause at Article VI, US Constitution.
\n \u2022 New Hampshire Delegates can\u2019t restrict Delegates from other States.
\n \u2022 It ignores the inherent sovereign authority of Delegates to throw off both their State governments and the federal government by proposing a new constitution with whatever new mode of ratification they want. Remember! Under the proposed Newstates Constitution, the States are dissolved and replaced by regional governments answerable to the new national government.<\/p>\n

And if the States already know what amendments they want, they should tell their State congressional delegations to propose them in Congress. This is the method James Madison always advised.<\/p>\n

Section 20-C:2II. of the New Hampshire bill says:<\/u><\/p>\n

\u201cAny vote taken by a delegate from New Hampshire at the Article V convention in violation of paragraph I of this section shall be null and void. Any delegate making this vote shall be immediately disqualified from serving as a delegate to the Article V convention.\u201d<\/p>\n

What is wrong with this?<\/p>\n

\u2022 What if the Delegates vote to keep their proceedings secret? At the federal convention on May 29, 1787, our Framers made rules restricting publications of their proceedings<\/a>.
\n \u2022 What if the Delegates vote by secret ballot? As long as some vote \u201cfor\u201d and others vote \u201cagainst\u201d every proposition, there is no way to tell who did what.<\/p>\n

Section 20-C:2III.of the New Hampshire bill says:<\/u><\/p>\n

\u201cEvery delegate from New Hampshire to the Article V convention called for by the Article V petition shall be required to take the following oath:\u201d<\/p>\n

\u201cI do solemnly swear or affirm that to the best of my abilities, I will, as a delegate to the Article V convention, uphold the Constitution and laws of the United States and the state of New Hampshire. I will accept and will act according to the limits of the authority as a delegate granted to me by New Hampshire law, and I will not vote to consider or approve any unauthorized amendment to the Constitution for the United States of America. I understand and accept any penalties that may be imposed on me by New Hampshire law for violating this oath.\u201d <\/p>\n

Does one need to comment on the efficacy of Oaths of Office in our degenerate times? Article II, \u00a71, last clause,of our Constitution requires the President to take an Oath to \u201cpreserve, protect and defend the Constitution of the United States\u201d; and Article VI, last clause, requires everyone in the federal and State governments to take an oath to obey the Constitution.<\/p>\n

Who today honors his Oath of Office?<\/p>\n

Section 20-C:2IV. of the New Hampshire bill says:<\/u><\/p>\n

\u201cAny delegate who violates the oath contained in paragraph III of this section shall be subject to the maximum criminal penalty under RSA 641:2.\u201d<\/p>\n

Any criminal defense attorney worth her salt can figure out how to get around this one:<\/p>\n

\u2022 As shown above, if the proceedings of the convention are kept secret, or Delegates vote by secret ballot, one would never know if any one Delegate violated his oath. Defense counsel would get any attempted criminal prosecution of any particular Delegate dismissed at a pretrial hearing.
\n \u2022 Congress can pass a law granting immunity from prosecution to the Delegates.
\n \u2022 The Delegates can insert a clause in the new constitution granting themselves immunity from prosecution.
\n \u2022 If the new constitution abolishes the States, as does the Newstates Constitution, there is no State left to prosecute Delegates.
\n \u2022 The local prosecutor is the one who decides whether he will prosecute any criminal offense under his jurisdiction. Politics are a deciding factor in deciding whether to prosecute. Remember Eric Holder refused to prosecute Black Panthers who intimidated white voters at a polling place?<\/p>\n

Do you see? James Madison, Justice Arthur Goldberg, and Justice Warren Burger were right: It is impossible to restrict the Delegates.<\/strong><\/p>\n

Please read the full article here:
\nhttp:\/\/newswithviews.com\/Publius\/huldah133.htm<\/a><\/p>\n

Please write to these bill sponsors and respectfully ask they withdraw HCR3<\/a> and HB148<\/a><\/p>\n

Rep. JR Hoell – jr@jrhoell.com
\nRep. Dan Itse – itsenh@comcast.net
\nRep. Jordan Ulery – jordanulery@myfairpoint.net
\nRep. Paul Ingbretson – ingbretson_studio@yahoo.com
\nRep. Pam Tucker – pam.tucker@leg.state.nh.us
\nRep. Josh Moore – josh.moore@leg.state.nh.us
\nRep. Frank Edelblut – \tfrank.edelblut@leg.state.nh.us
\nSen. John Reagan – john.reagan111@gmail.com
\nSen. Gary Daniels – Gary.Daniels@leg.state.nh.us<\/p>\n","protected":false},"excerpt":{"rendered":"

DELEGATES TO AN ARTICLE V CONVENTION CAN’T BE CONTROLLED BY STATE LAWS Can State Laws Control Delegates? Convention supporters say we don\u2019t have to worry about any of the above because States can make laws controlling their Delegates. Really? James Madison, Father of our Constitution and a consistent opponent of the convention method of proposing […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3,1],"tags":[],"class_list":["post-14465","post","type-post","status-publish","format-standard","hentry","category-featured-articles","category-news"],"_links":{"self":[{"href":"http:\/\/www.nhteapartycoalition.org\/tea\/wp-json\/wp\/v2\/posts\/14465","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/www.nhteapartycoalition.org\/tea\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/www.nhteapartycoalition.org\/tea\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/www.nhteapartycoalition.org\/tea\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/www.nhteapartycoalition.org\/tea\/wp-json\/wp\/v2\/comments?post=14465"}],"version-history":[{"count":7,"href":"http:\/\/www.nhteapartycoalition.org\/tea\/wp-json\/wp\/v2\/posts\/14465\/revisions"}],"predecessor-version":[{"id":14472,"href":"http:\/\/www.nhteapartycoalition.org\/tea\/wp-json\/wp\/v2\/posts\/14465\/revisions\/14472"}],"wp:attachment":[{"href":"http:\/\/www.nhteapartycoalition.org\/tea\/wp-json\/wp\/v2\/media?parent=14465"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/www.nhteapartycoalition.org\/tea\/wp-json\/wp\/v2\/categories?post=14465"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/www.nhteapartycoalition.org\/tea\/wp-json\/wp\/v2\/tags?post=14465"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}