To
Whom It May Concern:
Please find attached* a recently
published article I wrote. The article at once defines the exact
reason an Article V Convention has never been called and
simultaneously describes how the federal government has determined
Article V Convention delegates are to chosen—by election.
Those of
you who oppose a convention who are receiving this should
carefully consider the response of the legal counsel of the House of
Representatives. The concept of sovereign consent can be extended
anywhere in the Constitution and to any situation Congress, or any
other government body, wishes to extend it. It means the government
holds the Constitution optional, not obligatory. Before you
cheer, do high fives and publish your columns in celebration on the
Internet that no convention can ever be held and urge your followers
to urge members of Congress never to obey the Constitution as has
been already stated by such party platform as the Republican Party,
think carefully of the consequences of such support and advocacy.
What the sovereign has consented to can also be withdrawn. What
exists in Article V most certainly will not stay in Article V.
Just
remember, Congress has never formally consented to obedience of any
part of the Constitution.
To the supporters of a
convention, those who believe the Constitution should be obeyed as
is, as it was intended by the Founders, it is time to stop wasting
time getting more state applications and concentrate instead of the
real problem—Congress. There is a Gordian Knot in all of this. To
preserve brevity I will not cite actual case law in this email
but can if called upon.
The courts have prohibited the president from
amendatory participation making legislation impossible, have ruled
congressional rules may not be applied, have excluded the states and
the people from the process, said Congress exclusively controls the
entire process meaning neither the people nor the states have any
say in the process and then removed themselves from the matter saying
they have only advisory power.
The courts have even approved Congress
having the authority to remove state legislatures or legislators to
compel such amendment vote as Congress directs.
Moreover the
executive branch has, up till now, given full approval to agents of
the FBI directly violating federal law directly intended to prohibit
Congress from doing what it is now doing.
Now there is a way out of
this Gordian Knot and I’m sure those who have studied the issue
with the actual facts are fully aware of it. This method does not
require violence, is already in the Constitution, is not subject to
court review nor presidential veto. But it comes at a terrible risk.
I do not say this lightly—if this goes south then the government
will have officially acted to nullify the Constitution. There is no
turning back from that point on. Since I’m sure all are aware of
this process together with the risks involved I will simply term it
The Sword Of Alexander.
By the way I am neither seeking
nor desiring a major debate here on this article. The federal law is
the federal law. If you have a problem with it take it up with the
federal courts, not me. The decision, or lack of it, is again a
federal matter. Take it up with Congress if you wish. We are clearly
now dealing with the reality side rather than the theoretical of an
Article V Convention.
It is time people on both sides of this
issue began understanding that the theoretical side of the debate has
no bearing whatsoever on the real side of the issue of an Article V
Convention. The time for theory has come to end and been replaced
with the reality of official government action. You can come up with
all sorts of objections, theories on application counts or ask
countless and endless questions in the theoretical discussion of a
convention with no harm whatsoever. But not when discussing reality.
The convention clause is a part of the Constitution. If it can be
ignored, so can the rest of the Constitution. That is reality. The
reality of the convention is now this:
the government has taken a
position where it now officially holds it does not have to obey the
Constitution and does not recognize that document as having any legal
force of law on the actions of Congress. In short, it does not
recognize it as law unless it, the Congress, consents to it.
Those
who in opposition to a convention urged the government not to obey
the Constitution for whatever reason must understand that position
carriers within it the real danger the government just might do that.
At least they can take heart in the fact the government apparently
has heard their cries. To those who have said a convention is a “bad
idea” meaning the convention clause should not be obeyed by
Congress, this is your responsibility. Congress has responded. It has
established unless it consents to a particular clause, section or
whatever of the Constitution, it, the Congress, does not have to obey
it. All I will say is be careful what you have wished for—for you
have gotten it.
Thank you for your time.
Bill Walker
*I will be sending out the attachment in a separate email titled
Text: Congress Sets State Application Count As Zero
--
--
To join RichsRants, send email to:
[email protected]
For more options, visit this group at
http://groups.google.com/group/richsrants?hl=en
---
You received this message because you are subscribed to the Google Groups
"RichsRants" group.
To unsubscribe from this group and stop receiving emails from it, send an email
to [email protected].
For more options, visit https://groups.google.com/groups/opt_out.
