2014 TX GOP Platform Adopted: Article V Convention/Amending Convention of States

They’re violating the constitution!
Let’s amend it!
That will teach them!

There is quite a bit of misunderstanding regarding the several efforts for a quick fix togop elephant reign in our federal government. The 2014 TX GOP platform that was adopted creates conflicting statements (as is common throughout the platform). The 2014 TX Republican Platform now reads:

Constitutional Convention– We strongly oppose any constitutional convention to rewrite the United States Constitution. We encourage the Texas Legislature to rescind its 1977 call for such a convention. We call upon other states to rescind their votes for such a convention.

Article 5 Convention– Under no circumstances shall the Bill of Rights, the first 10 Constitutional Amendments, be changed in any manner. We urge the Texas State Legislators to take the lead in calling for an Article V Amending Convention of States, for the specific purpose of reigning in the power of the federal government. Any proposed amendments must be ratified by 3/4 of the states to take effect.

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So what are the options for a free people?

THESE ARE THE FACTS:

The Declaration of Independence states:
“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, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness…”

The Founders recognized tyrannical tendencies and created avenues with which to alter our government:

1.) Over-throw of the current government (hoping to form a new government that the majority of the People wish to have) and absolve their allegiance to and dependence on those whom they have grown weary of obeying.

If the People wish, they can overthrow the current government but the end result could be worse than the previous government (we’re talking blood-shed). Thomas Jefferson stated so eloquently:

“The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.”

…of which there is not a sufficient number of patriots willing to mutually pledge to their Lives, their Fortunes, and their sacred Honor – at this time.

2.) Through the means dictated in the U.S. Constitution (asking for the same government officials to limit themselves)

If the People wish, they can wait for 2/3 of Congress to propose Amendments to reign in their own tyrannical tendencies, or wait for 2/3 of the state’s legislatures to pass identical resolution(s) addressed to Congress requesting that an Article V Convention be called, which Congress will call and control (according to the U.S. Constitution).

3.) Through the People enforcing the Constitution that limits tyrannical tendencies of governments.

If the People wish, they can perform the duties required in a constitutional republic and aggressively enforce the limits that our U.S. Constitution places on every elected and appointed official in the United States, via the current peaceful constitutional provisions, referred to as nullification of unconstitutional acts.

The first option above (overthrow the government) is the least desirable for those afraid of retribution from tyrants, but may be the one that will produce the swiftest result (good or bad).

The second option (via the U.S. Constitution) is the least likely to reverse an obscenely tyrannical government that has been allowed the power to tax the labor and all human activities of the subjects (the People).

The third option (People enforcing the U.S. Constitution) is the necessary action at all times, whether it is under prosperous and peaceful periods or stressful periods, and the single most important element required under a republic that the People have neglected over 100 years.

“Those who expect to reap the blessings of freedom must, like men, undergo the fatigue of supporting it.” – Thomas Paine
Rights are like teeth; only floss the teeth you wish to keep, and only fight for the rights you wish to keep. – Michael Badnarik

Here’s what we know about the U.S. Constitution:Constitution

Article V
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, 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 amendment 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.

Article I
Section 10. Clause 3
No state shall, without the consent of Congress, lay any duty of tonnage, keep troops, or ships of war in time of peace, enter into any agreement or compact with another state, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay.

Congress will call and control
any such gathering of states
to propose amendments (Article I and V),
if such gatherings honor the U.S. Constitution.

Under the U.S. Constitution (Article V), the Congress shall propose amendments, the Congress shall call a convention for proposing amendments, and Congress shall determine the mode of ratification (whether in conventions or by state legislatures). No state shall, without the consent of Congress, enter into any agreement or compact with another state (Article I).

To further illustrate the present day attitude of Congress on these two statements, one should read the July 9, 2012 report from the Congressional Research Service, CRS Con Con reporttitled: The Article V Convention to Propose Constitutional Amendments: Contemporary Issues for Congress
This report was produced at the request of Congress on how such a convention should proceed. This American is not referencing the CRS report to illustrate her support for the ideas reflected in same, but more to illustrate that today’s Congress has been advised, and believes, that they have sole power to control all things related to any convention to propose amendments to the constitution. This American also believes that most of the 535 members in Congress will take the report to be the justification necessary to control such a convention. If Congress controls any such gathering aimed at peacefully amending the U.S. Constitution, how likely is it that proposals to limit the power of the current government will be produced?

Who will be the delegates to such a convention?

The “progressives” will not sit out an opportunity to amend the constitution! To the contrary, they have been a driving force to do such a thing. The CRS July 2012 report states in the opening summary:

“The Tea Party Movement, MoveOn.org, and Occupy Wall Street are cited as technology-driven issue advocacy groups that could provide a model for convention advocates. The Article V Convention concept enjoys support from several advocacy groups”

Here are a few more of the progressive organizations that reportedly support amending the constitution: https://movetoamend.org/organizations
Progressive Coalition of Northern New York
American Institute for Progressive Democracy
Alliance for Democracy
Alliance for Progressive Values
Progressive Democrats of America
American Friends Service Committee
Progressive Peace Coalition
Palm Beach County Environmentalists
National Lawyers Guild
SEIU Public Employees Union
Occupy Houston (and many more Occupy Groups)

It is most likely that Texas delegates to such a convention will be chosen from the current state officials in office. If one has watched what really happens in Austin, then one must ask these questions:

If Texas doesn’t have:Texas Capitol
A state legislature that is going to pass legislation to exercise the 9th & 10th Amendments to push back against a tyrannical DC;
A Governor that will sign strong 10th amendment bills passed in the legislature;
And a state Attorney General that’s willing to effectively support the Texas Legislature and effectively go to bat for the People against federal and foreign tyrants;
Then what is the difference between the Texas Legislature and the federal government?
When will Texas officials enforce the 9th & 10th amendments?
Does Texas have the power to nullify unconstitutional actions from the federal government under the current constitutions?

Presuming that Texas will choose convention delegates such as David Simpson, Jonathan Stickland, Scott Turner, Dan Patrick, or Gregg Abbott, how will sending our liberty-minded delegates into a convention with 33 other states’ delegates magnify the voice of theTexas delegation?
Arguably it won’t.  It will further dilute our delegate voices amongst some of the most progressive voices from the most progressive states, with the blessings of a federal tyrant.

Would Texas do better by utilizing those provisions already in the constitution (9th & 10th Amendments), and passing good, strong legislation in the Texas Legislature which would nullify many of the most egregious federal actions to date?

Throwing the dice to add another page (amendment) to that little document that fits nicely into a shirt pocket has unknown consequences. Will adding another page make the People aware of everything else that’s already in it?

ENFORCE the constitution we have, and then see what America looks like!

Texas patriots would do better to utilize all that the internet provides and learn how to watch what local, county, and state officials are doing.
Show up at your government meetings!
Communicate your views and critique of what government is doing to you!
Turn off the TV!
Throw out the mainstream media for your information and talking points!
Pick up the U.S. Constitution and the Texas Constitution and read it again, for the first time. Then test what your government is doing against those documents.
Identify where your government has roamed outside of the limits of their authority – then broadcast your findings with your neighbors and form local coalitions to enforce the Rule of Law!

If you don’t do this for yourself then do it for your posterity. Our Founders did it and advised us that our constitutional republic is only intended for a moral and educated People.

Pick up your BIble and your constitutions.

Share The Word.

Your actions are affecting my posterity.

-Barbara Harless

10 thoughts on “2014 TX GOP Platform Adopted: Article V Convention/Amending Convention of States

  1. You are right!

    I talked to one of the reps from the article v convention booth…. I asked her what the difference was between an article v convention and a con con. She said they were for different things. I asked how it was possible to make sure one didn’t turn in to the other.

    I also asked her what the opposition to having a convention thought was the solution. She said nullification.

  2. kb5won,
    Odd. So she was generally saying that the 10th Amendment has been repealed? I missed those headlines. I understand that the constitution isn’t a menu to pick and choose from. I don’t hear government officials swearing any oaths to uphold the constitutions except for the 10th Amendment.

  3. Congress CANNOT control a Convention. That is understood today and has been litigated. I’d start here if you’re curious.

    http://constitution.i2i.org/2013/10/10/who-says-history-is-relevant-to-article-v-well-the-u-s-supreme-court-for-one/

    Nowhere in the Art V does it give Congress control over a Convention or its delegates or its purpose. Control is from the states as established by history and laws of sovereigns. You’re quoting of that other Article is stretcher than a Stretch Arm Strong. That clearly refers to a binding contract of exclusivity without Congress approval. A CoS is like me coming over to your house to have a chat. True, the delegates are left to the People, but Rs control Texas and can send a larger delegation. The purpose is controlled by Te actual applications assuming 2/3 call for the same thing. Hence ConventionofStates.com writing a limited application for states to pass.

    We DO need to enforce the Constitution, but it also needs clarifications and further limits put in place to BETTER enforce it.

  4. Bingham,
    I disagree but will hold out hope.
    I haven’t seen the will to stand up to the Feds down in Austin, and I don’t hold hope that sending them to a convention with others will make them stronger in their support of the same, but I will try to look at the links you provide and revue.

    The only positive that I feel confident in with regard to a convention that does not respect Article V is that it will push our country into the revolution that should have begun 100 years ago.

    • I forgot to mention that “calling” a convention normally includes controlling the content discussed. Example would be the Texas Legislature. The only entity that has authority to call a special session is the governor and the legislature is only allowed to consider the items that the governor includes in the “call”, or agenda.

      • That is simply not the case in an Article V CONVENTION as my articles demonstrate.

        If Texas passes laws that explicitly control the conduct of said delegates then it doesn’t matter who we send. They say yes when we, being TxLege, and no when we do. See Indiana for examples.

        A revolution did begin 100 years ago. We have to fight back now.

        • Bingham,
          Reading through the material supplied in your links does not convince me that the delegates to a modern day convention will be able to produce proposals that would make the current constitution any better for me.
          I am convinced that it is upon the People to enforce the constitution we have now and any future amendments of tomorrow. It is because of the People’s inability to attend to government that allows the government abuses of the People. If you can show me how to educate the People on their duties and successfully engage them, I’d like to see you do it. I’ve been trying for 6 years. I haven’t been close to 10% successful. I think you want liberty as much or more than I, but I also think perhaps you are willing to trust the words and promises of others more than I. I’m looking for the real deal, as in a majority of Texas officials willing to fill their campaign promises to enforce the 10th Amendment. Adding another page to the Constitution won’t make it stronger until more People enforce it. That won’t happen quickly. Some of the “heroes” at the GOP convention have some bad voting records in Austin, meaning they are not being held accountable by enough people, meaning they still get away with violating individual freedom. But hey, they’ve got great teeth and look swell in a suit!

          …did you read the CRS report? How do you think that will play into a CoS?

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