A Virtual Constitutional Convention
Using Todays Commination Technology
Then
Ratify a Constitutional Amendment
By The
State Legislatures
1
Preface
“When in the Course of human events, it becomes
necessary for one people to” modify “the political bands
which have connected them with another, and to assume
among the powers of the earth, the separate and equal
station to which the Laws of Nature and of Nature's God
entitle them, a decent respect to the opinions of mankind
requires that they should declare the causes which impel
them to the” modification.
That was the first paragraph of the Declaration of
Independence with words dissolve replaced by modify and
separation replaced by modification.
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Preface
The Government the States created with the Constitution has
become dysfunctional and is unable for execute its
Constitutional duty to protect certain unalienable, rights, that
among these are Life, Liberty, and the Pursuit of Happiness.
Our Founding Fathers wrote the original Constitution that dealt
primarily with the structure, requirements and duties it three
branches of government, how to change it with the amendments
and not the rights of the people and states. They left the rights of
the people and states to the amendment process divided into 12
amendments of which two proposed amendments were
rejected leaving 10 amendments we call the “Bill of Rights”; they
did this to allow each proposed amendment to be passed or
rejected on its own merit.
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Preface
This presentation only addresses processes and requirements
for the states to make a proposed Amendment and the
structure for all new amendments; we list some of the primary
reasons we need to clarify Article V and add structure to the
amendment itself and leave it to the states deal with the issues
as they deem necessary.
It is time for the people, represented by their State Legislatures,
to intervene and make the changes to our Constitution they
deem necessary to secure the future of our great nation for
future generations of Americans.
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Preface
The Purpose of this Presentation
1. Give you a few examples of why the 50 State Legislatures
should their power given them in Article V of the Constitution
to propose and Ratify Amendments.
2. Explain where the State Legislatures get their power from.
3. Explain the process applied by the States from beginning to
having enough State Legislatures vote to pass (38) or to
reject it (13).
4. Provide the example of the text of the first 2 new
amendments and the reason that text was used.
5. What happens if the new amendment is challenged by
Federal Government.
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The Need For State Intervention
• The economy of the United Sates of America is in danger of
collapsing.
• We are not controlling our borders which allows drugs,
terrorist, illegal guns or people entering our country illegally
and all this a threat to our National Security.
• The War on Terror and Iran about to have nuclear weapons.
• Instability in the Middle East and Israel's Safety
• Both Republican and Democratic Presidents and Congress
have abused Constitutional Amendment X over the years.
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The Need For State Intervention
• Obama Care is going cause many small businesses to
close or cut employee’s hours to 28 or layoff employees
until they only have 49 employees.
• Obamacare Insurance (from the exchanges) Healthcare
providers will be paid less. Healthcare providers are just
like any other businesses, they have to have enough
income to stay in business; healthcare providers have a
lot of money invested in equipment and doctors have
spent many years of getting to the point to have a
practice. They also have a lot od money invested in
education, the low pay and many hours getting the
training the need. There will be fewer people going into
the medical
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The Need For State Intervention
I think members of the I feel there are several reasons the members of
the State Legislatures don’t want to lead this process:
1. They are afraid of how they will be portrayed by the Democratic
Party and the media.
The Congressional Democrats and the media might in the
beginning, but when the understand what is really happening, “We
The People” do have the final say about the future of our country.
2. They don’t want to be responsible for an unpopular amendment will
be passed like what happens in Congress.
It takes 38 State Legislatures to pass a Constitutional Amendment,
no one person or state is responsible.
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The Need For State Intervention
3. It’s never been done before and there are no rules for how to
do it.
There is a first time for everything.
4. They do not think the Republican and Democratic controlled
legislatures can work together to come up with a proposed
amendment.
There has never been a better time for all the states to come
together, I think everyone can see how fast our country is headed
down hill and understand there are changes that need to be made
and politics must be left out of this process.
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State Legislatures Gets Their Power From
• Governments are instituted among Men, deriving their just
powers from the consent of the governed. In this case the
governed of each State consented to the power State
Government the Constitution and State Legislatures; included
the power to represent them in Constitutional Amendment
process.
• The States Created the Federal Government when they
Ratified the Constitution September 17, 1787 and in Article V
they reserved the power of the States to change or abolish
the government they just created.
• Constitutional Amendment X further define the power of the
people and the States.
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State Legislatures Gets Their Power From
• The Declaration of Independence, defines the freedom,
power and role of the people in the new government our
Founding Fathers intended to create.
• Article V tells us how the states and the people can protect
their rights.
• Constitutional Amendment x shows the restrictions our
Founding Fathers intended to place on the power of the new
government.
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State Legislatures Gets Their Power From
Second Paragraph Declaration of Independence
“We hold these Truths to be self-evident, that all Men are
created equal, that they are endowed, by their creator, with
certain unalienable Rights, that among these are Life, Liberty,
and the Pursuit of Happiness.— That to secure these Rights.
Governments are instituted among Men, deriving their just
Powers from the Consent of the Governed, that whenever
any Form of Government becomes destructive of these
Ends, it is the Right of the People to alter or to abolish it,
and to institute new Government, ___ ?
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State Legislatures Gets Their Power From
Article V
Article V of the Constitution tells us how the states and the
people can make Constitutional Amendments.
"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,”
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State Legislatures Gets Their Power From
There nothing in the Constitution or a law that prevents:
1.
The States from having a Convention to write a
Proposed Constitutional Amendment?
2.
Legislators in both houses of their State Legislature to
introduces a Proposed Amendment to their State
Legislatures to vote on making a Proposed
Amendment part of this Constitution?
3. State Legislature from voting on a Proposed
Amendment to make a Proposed Amendment part of
this Constitution?
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State Legislatures Gets Their Power From
4.
There nothing in the Constitution that prevents the
Amendment to be valid to all Intents and Purposes, as
part of this Constitution, when ratified by the
Legislatures of three fourths of the several States?
5. Article V of the Constitution is where the amendment
process is defined, however the definition of what a
Constitutional Convention is or say that a
Constitutional Convention is required to arrive at the
text of a proposed amendment to present to the state
legislatures to vote on.
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State Legislatures Gets Their Power From
Application
to Congress of the Legislatures of two
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State Legislatures Gets Their Power From
That to secure these
Rights. Governments
are instituted among
Men, deriving their
just Powers from the
Consent of the
Governed, that
whenever any Form of
Government becomes
destructive of these
Ends, it is the Right of
the People to alter or
to abolish it, and to
institute new
Government,
Is there a
conflict?
It depends on
the definition of
1 word and 2
words absent
, 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
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States
State Legislatures Gets Their Power From
The important part of the process is requiring ¾ of the State
Legislatures ratify the proposed amendment. This allows the
States a forum to request change while keeping it very
difficult to make that change.
Quit Wasting Your Time!
There have been over 400 times that all the 50 states
(sometimes 34+ at the same time) thing filed applications to
Congress for a Constitutional Convention, only 2/3 of the 50
states are required for a (34) Constitutional Convention,
Congress has ignored them and the Supreme Court ruled that
Congress had the right to ignore them.
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Constitutional Amendment Process by States
The process described in this group of slides is an example of
creating a Constitutional Amendment by the States Legislatures
using the power reserved for them in Article V of the Constitution
of the United States of America to alter or to abolish the
government created by the same Constitution.
To prevent the abuse of the power of the people to alter or to
abolish the government Article V states that it takes three fourths
of the State Legislatures to vote to make and Amendment to the
Constitution and the law of the land.
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Constitutional Amendment Process by States
The need for a process for an amendment to the
Constitution of the United States of America is
not a Democratic, Republican, Tea Party or any
poltical
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Constitutional Amendment Process by States
There are two steps in the process:
1.
Create the text for a proposed amendment(s) to be
presented to the legislatures of all of the states requesting
the legislatures to ratify or reject the proposed
amendment(s).
2.
Both houses of the states legislatures will vote to ratify or
reject the proposed amendment(s).
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Constitutional Amendment Process by States
There is nothing in the Constitution that defines a “Constitutional
Convention”; In 1787 the only practical way for the states to
discuss a Constitutional Amendment was to get together in one
place. Today we have the technology for discussions online or
conference calls, the only requirement is to to agree in text that
38 state legislatures to radify.
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Constitutional Amendment Process by States
• One State Legislature starts the process
– Someone in the House and Senate introduce a Joint
Resolution to petition the other 49 State Legislatures
– The Joint Resolution must be passed by both Houses of
the State Legislature.
– The petition must be sent to the other 49 State
Legislatures
• The Legislature or their representative will coordinate the flow
of information between all the State Legislatures
• State Legislatures status could be yes, no or no response.
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Constitutional Amendment Content
The first two proposed amendments must me politically neutral
and restricted to clarifying the process and defining the structure
of new amendments. We will have to do our best explaining to
the people that the first 2 amendments.
Proposed Amendment 1 will not technically change anything, it
just allows the states to setup a process to create Proposed
Constitutional Amendments, it will still take three fourths (38) of
the State Legislatures to ratify it.
Proposed Amendment 2 will add requirements for the structure
and additional content to it.
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Constitutional Amendment Content
Proposed Constitution Amendment 1
---------------BEGIN--------------The sole purpose is clarifying the process defined in
Article V of the Constitution for State Legislatures use to
draft Proposed Amendments to the Constitution of the
United States of America without involvement the
government empowered by the people September 17,
1787 and to keep Congress out of the ratification
process.
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Constitutional Amendment Content
Proposed Constitution Amendment 1
The intent of this amendment is to made it easy for State
Legislatures Create a Proposed Constitutional Amendment using
today’s technology, allowing Congress to submit two roles in the
Proposed Amendment process and removing Congress from the
ratification process
The Congress, whenever two thirds of both Houses shall deem it
necessary, shall propose Amendments to this Constitution to
submit to all State Legislatures ratify without modification, or,
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Constitutional Amendment Content
Proposed Constitution Amendment 1
Any one State Legislature, shall deem it necessary shall draft
“Proposed Constitutional Amendments” to submit to all State
Legislatures for debate; the debate shall remain open until two
thirds of the State Legislatures think they can get the votes and
agree to submit the Proposed Amendment for a vote by both
Houses or decide to wait until there all three fourths of the State
Legislature, or,
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Constitutional Amendment Content
Proposed Constitution Amendment 1
The State Legislatures may change the process used to create a
Proposed Amendment to be voted on by the State Legislatures.
The process defined in this amendment is not intended to be
fourth branch of government and should be used sparingly.
Regardless of how the Proposed Amendment is arrived at, it
requires that three fourths of the State Legislatures to vote to
ratify the Amendment to make it the law of the land.
---------------END--------------28
Constitutional Amendment Content
Proposed Constitution Amendment 2
---------------BEGIN---------------
The Purpose of this amendment is to protect the Constitution
from Judicial Activism and make it easier for Congress to make
sure legislation is Constitutional by narrowing the room for
interpretation of the Constitutional Amendment.
Regardless of the source of the proposed amendments, each
amendment will consist of four Parts
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Constitutional Amendment Content
Proposed Constitution Amendment 2
Regardless of the source of the proposed amendments, each
amendment will consist of four Parts
1. State the purpose and Intent of the amendment
2. The content of the amendment
3. State the intended results
4. The issue(s) and/or problem(s) that this amendment is not
intended to address if known.
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Constitutional Amendment Content
Proposed Constitution Amendment 2
The intended results should reduce the number if
lawsuits that requires a court ruling no a Constitutional
issue; make it easier for the average voter to understand
Judicial branch rulings on Constitutional lawsuits by
reading the amendment without reading court opinions
that most people don’t understand and the more citizens
understand the Constitution the more they respect it.
Constitutional Amendment Content
Proposed Constitution Amendment 2
To help stop words such as “modernize’, “adapt”, “improve”,
refresh”, “update” and others used to justify a view or court
decision of the Constitution are all indicate “change” and the only
way to change the Constitution is by an amendment, a Supreme
Court or Lower Court decision.
---------------END---------------
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Constitutional Amendment Comments
In the second paragraph of the Declaration of Independence
Thomas Jefferson wrote about the rights endowed on us by the
Creator and the power the people have to alter or abolish the
government which is reflected the Article v of the Constitution
and, in the third paragraph he began writing about the care we
should be about exercising that right beginning with;
“Prudence, indeed, will dictate that Governments long
established should not be changed for light and transient
causes; and accordingly all experience hath shewn, that
mankind are more disposed to suffer, while evils are sufferable,
than to right themselves by abolishing the forms to which they
are accustomed.
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Constitutional Amendment Comments
But when a long train of abuses and usurpations, pursuing
invariably the same object evinces a design to reduce them
under absolute Despotism, it is their right, it is their duty, to
throw off such Government, and to provide new Guards for
their future security.”
This is reflected the Article v of the Constitution requiring
three fourths of the State Legislatures to vote to make a
Proposed Amendment to make it law.
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