On Chain Email and Amendment Process


John R. Houk

© January 8, 2019

A friend sent a Facebook private message pertaining to a so-called 28th Amendment to the Constitution. The theme of the proposal is to place restraints on Congress to insure every law passed for American citizens must also apply to members of Congress. AND Congress members will not be entitled to any special privileges not available to American citizens.

 

My suspicions arose with the message sentiment encouraged readers to pass it on if you agree.

 

BUT WAIT! I just realized I was sent a 28th Amendment back July 2017. I posted my thoughts back then under the title, “Faux 28th Amendment, Yet Still Need Convention”. You can compare my thoughts back then (which I believe are similar) to today’s post surrounding a 28th Amendment Chain Email.

 

According to Truth or Fiction fact-finding there is absolutely no truth to the Chain Email.

 

HOWEVER, after reading the chain email you might want to forward or share the Amendment info to your Representative and two Senators in Congress on a Federal level. The Chain Email 28th Amendment is quite worthy as an actual proposal to be considered by Congress or the various State legislatures who call for a Constitutional Amendment Convention. Ergo, if inspired, send the Amendment info to your local State legislators for consideration on the Establishment of the dreaded Constitutional Convention of States to bypass the gridlocked lobbyist-dominated Federal Congress.

 

There are two methods to amend the Constitution as listed in the U.S. Constitution:

 

Constitution Article 5

 

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 V, U.S. Constitution; National ArchivesFederal Register)

For simplicity purposes here is my summary of the two Amendment methods:

 

Method ONE: Proposed Amendment ratified by 2/3 of each House of Congress, then the proposed Amendment sent to each State Congress in which case if ¾ of the States ratify the proposed Amendment, it becomes law.

Method TWO: 2/3 of the several States call a Convention on a proposed Amendment or proposing of Amendments plural, then if ¾ of the several States approve the Amendment or any Amendments plural, it or they become law.

For greater details of interest:

 

 

The biggest concern about a Constitutional Convention is the representative delegates from each State may go rogue and re-write the entire Constitution. In which case a battle of ideologies takes place and God only knows if it actually results in Amendments sent to State Congresses to decide on ratification or an impasse resulting in a Civil War.

 

Due to the potentiality of an anti-Founding Father sentiment among delegates from several States, I have not looked favorably on the calling of a Constitutional Convention. HOWEVER TODAY, I sense ideological gridlock among American voters between proponents desiring more clarity of the Founding Fathers’ vision and proponents of a transformed America which Secular Humanist moral relativity becomes a Globalist-Multiculturalist foundation for a rule of law.

 

Inherent in that gridlock of vision are the seeds of Civil War in which winners determine America’s Socio-Political moral-grounded future.

 

If a Convention can hearken back in a spirit of compromise that both Left-Right ideologies can live with as performed by the Constitutional Convention that gave America it’s present Constitution, then and only then can a Civil War be avoided.

 

The current struggle between President Trump standing with Conservative principles on the issue of Border Security/National Sovereignty and Open Borders/Globalist-Multiculturalists is a mere symptom of how ideological gridlock could develop into violent confrontations between supporters of each divergent agenda.

 

Frankly, I do not have a vision in which non-violent political compromise is possible. I for one cannot compromise on God’s principles discovered in His Holy Word with those who look upon humanity-defined moral relativistic principles of governance. I am guessing the many-to-most feel the same on defending transformative principles. Only time and the irony of God’s plan for proceeding to His designed future will tell. A period of godless temporary victories are predicted in the Holy Bible (via an arbitrary abbreviated view in the Book of Revelation [aka Revelation of Jesus Christ to John or Apocalypse of John and so on]):

 

Revelation 11: 3-13; 13: 1-8, 11-17; 17: 6-18; 18: 21, 23-24 (NKJV)

 

Revelation 11:3-13

 

And I will give power to my two witnesses, and they will prophesy one thousand two hundred and sixty days, clothed in sackcloth.”

 

These are the two olive trees and the two lampstands standing before the [a]God of the earth. And if anyone wants to harm them, fire proceeds from their mouth and devours their enemies. And if anyone wants to harm them, he must be killed in this manner. These have power to shut heaven, so that no rain falls in the days of their prophecy; and they have power over waters to turn them to blood, and to strike the earth with all plagues, as often as they desire.

 

When they finish their testimony, the beast that ascends out of the bottomless pit will make war against them, overcome them, and kill them. And their dead bodies will lie in the street of the great city which spiritually is called Sodom and Egypt, where also [b]our Lord was crucified. Then those from the peoples, tribes, tongues, and nations [c]will see their dead bodies three-and-a-half days, and not allow their dead bodies to be put into graves. 10 And those who dwell on the earth will rejoice over them, make merry, and send gifts to one another, because these two prophets tormented those who dwell on the earth.

 

11 Now after the three-and-a-half days the breath of life from God entered them, and they stood on their feet, and great fear fell on those who saw them. 12 And [d]they heard a loud voice from heaven saying to them, “Come up here.” And they ascended to heaven in a cloud, and their enemies saw them. 13 In the same hour there was a great earthquake, and a tenth of the city fell. In the earthquake seven thousand people were killed, and the rest were afraid and gave glory to the God of heaven.

 

Revelation 13:1-8

 

13 Then [a]I stood on the sand of the sea. And I saw a beast rising up out of the sea, having [b]seven heads and ten horns, and on his horns ten crowns, and on his heads a blasphemous name. Now the beast which I saw was like a leopard, his feet were like the feet of a bear, and his mouth like the mouth of a lion. The dragon gave him his power, his throne, and great authority. And I saw one of his heads as if it had been mortally wounded, and his deadly wound was healed. And all the world marveled and followed the beast. So they worshiped the dragon who gave authority to the beast; and they worshiped the beast, saying, “Who is like the beast? Who is able to make war with him?”

 

And he was given a mouth speaking great things and blasphemies, and he was given authority to [c]continue for forty-two months. Then he opened his mouth in blasphemy against God, to blaspheme His name, His tabernacle, and those who dwell in heaven. It was granted to him to make war with the saints and to overcome them. And authority was given him over every [d]tribe, tongue, and nation. All who dwell on the earth will worship him, whose names have not been written in the Book of Life of the Lamb slain from the foundation of the world.

 

Revelation 13:11-17

 

11 Then I saw another beast coming up out of the earth, and he had two horns like a lamb and spoke like a dragon. 12 And he exercises all the authority of the first beast in his presence, and causes the earth and those who dwell in it to worship the first beast, whose deadly wound was healed. 13 He performs great signs, so that he even makes fire come down from heaven on the earth in the sight of men. 14 And he deceives [a]those who dwell on the earth by those signs which he was granted to do in the sight of the beast, telling those who dwell on the earth to make an image to the beast who was wounded by the sword and lived. 15 He was granted power to give breath to the image of the beast, that the image of the beast should both speak and cause as many as would not worship the image of the beast to be killed. 16 He causes all, both small and great, rich and poor, free and slave, to receive a mark on their right hand or on their foreheads, 17 and that no one may buy or sell except one who has [b]the mark or the name of the beast, or the number of his name.

 

Revelation 17:6-18

 

I saw the woman, drunk with the blood of the saints and with the blood of the martyrs of Jesus. And when I saw her, I marveled with great amazement.

 

But the angel said to me, “Why did you marvel? I will tell you the [a]mystery of the woman and of the beast that carries her, which has the seven heads and the ten horns. The beast that you saw was, and is not, and will ascend out of the bottomless pit and go to [b]perdition. And those who dwell on the earth will marvel, whose names are not written in the Book of Life from the foundation of the world, when they see the beast that was, and is not, and [c]yet is.

 

“Here is the mind which has wisdom: The seven heads are seven mountains on which the woman sits. 10 There are also seven kings. Five have fallen, one is, and the other has not yet come. And when he comes, he must continue a short time. 11 The beast that was, and is not, is himself also the eighth, and is of the seven, and is going to [d]perdition.

 

12 “The ten horns which you saw are ten kings who have received no kingdom as yet, but they receive authority for one hour as kings with the beast. 13 These are of one mind, and they will give their power and authority to the beast. 14 These will make war with the Lamb, and the Lamb will overcome them, for He is Lord of lords and King of kings; and those who are with Him are called, chosen, and faithful.”

 

15 Then he said to me, “The waters which you saw, where the harlot sits, are peoples, multitudes, nations, and tongues. 16 And the ten horns which you [e]saw on the beast, these will hate the harlot, make her desolate and naked, eat her flesh and burn her with fire. 17 For God has put it into their hearts to fulfill His purpose, to be of one mind, and to give their kingdom to the beast, until the words of God are fulfilled. 18 And the woman whom you saw is that great city which reigns over the kings of the earth.”

 

Revelation 18:21, 23-24

 

21 Then a mighty angel took up a stone like a great millstone and threw it into the sea, saying, “Thus with violence the great city Babylon shall be thrown down, and shall not be found anymore.

 

23 The light of a lamp shall not shine in you anymore, and the voice of bridegroom and bride shall not be heard in you anymore. For your merchants were the great men of the earth, for by your sorcery all the nations were deceived. 24 And in her was found the blood of prophets and saints, and of all who were slain on the earth.”

 

It would be irresponsible of me to inform you the above described socio-political disaster of looming godless victories may actually coincide with a potential American Civil War or even to stipulate today’s political gridlock suggests the doom of the Founding Fathers’ political experiment of Freedom and Liberty. BUT in mind, the scenario does possibly exist.

 

If the above timing is imminent, I have GOOD NEWS!

 

The same Book of Revelation telling humanity of the foreshadowing of doom and gloom, culminates with the ultimate VICTORY of God’s Plan over the rebellious-godless:

 

Revelation 19: 19-21; 20: 1-3, 7-10, 14-15; 21: 1-5, 22-27; 22: 6-7, 14-17 (NKJV)

 

Revelation 19:19-21

 

19 And I saw the beast, the kings of the earth, and their armies, gathered together to make war against Him who sat on the horse and against His army. 20 Then the beast was captured, and with him the false prophet who worked signs in his presence, by which he deceived those who received the mark of the beast and those who worshiped his image. These two were cast alive into the lake of fire burning with brimstone. 21 And the rest were killed with the sword which proceeded from the mouth of Him who sat on the horse. And all the birds were filled with their flesh.

 

Revelation 20:1-3; 7-10; 14-15

 

20 Then I saw an angel coming down from heaven, having the key to the bottomless pit and a great chain in his hand. He laid hold of the dragon, that serpent of old, who is the Devil and Satan, and bound him for a thousand years; and he cast him into the bottomless pit, and shut him up, and set a seal on him, so that he should deceive the nations no more till the thousand years were finished. But after these things he must be released for a little while.

 

Now when the thousand years have expired, Satan will be released from his prison and will go out to deceive the nations which are in the four corners of the earth, Gog and Magog, to gather them together to battle, whose number is as the sand of the sea. They went up on the breadth of the earth and surrounded the camp of the saints and the beloved city. And fire came down from God out of heaven and devoured them. 10 The devil, who deceived them, was cast into the lake of fire and brimstone where[a] the beast and the false prophet are. And they will be tormented day and night forever and ever.

 

14 Then Death and Hades were cast into the lake of fire. This is the second [a]death. 15 And anyone not found written in the Book of Life was cast into the lake of fire.

 

Revelation 21:1-5; 22-27

 

21 Now I saw a new heaven and a new earth, for the first heaven and the first earth had passed away. Also there was no more sea. Then I, [a]John, saw the holy city, New Jerusalem, coming down out of heaven from God, prepared as a bride adorned for her husband. And I heard a loud voice from heaven saying, “Behold, the tabernacle of God is with men, and He will dwell with them, and they shall be His people. God Himself will be with them and be their God. And God will wipe away every tear from their eyes; there shall be no more death, nor sorrow, nor crying. There shall be no more pain, for the former things have passed away.”

 

Then He who sat on the throne said, “Behold, I make all things new.” And He said [b]to me, “Write, for these words are true and faithful.”

 

22 But I saw no temple in it, for the Lord God Almighty and the Lamb are its temple. 23 The city had no need of the sun or of the moon to shine [a]in it, for the [b]glory of God illuminated it. The Lamb is its light. 24 And the nations [c]of those who are saved shall walk in its light, and the kings of the earth bring their glory and honor [d]into it. 25 Its gates shall not be shut at all by day (there shall be no night there). 26 And they shall bring the glory and the honor of the nations into [e]it. 27 But there shall by no means enter it anything [f]that defiles, or causes an abomination or a lie, but only those who are written in the Lamb’s Book of Life.

 

Revelation 22:6-7; 14-17

 

Then he said to me, “These words are faithful and true.” And the Lord God of the [a]holy prophets sent His angel to show His servants the things which must shortly take place.

 

“Behold, I am coming quickly! Blessed is he who keeps the words of the prophecy of this book.”

 

14 Blessed are those who [a]do His commandments, that they may have the right to the tree of life, and may enter through the gates into the city. 15 [b]But outside are dogs and sorcerers and sexually immoral and murderers and idolaters, and whoever loves and practices a lie.

 

16 “I, Jesus, have sent My angel to testify to you these things in the churches. I am the Root and the Offspring of David, the Bright and Morning Star.”

 

17 And the Spirit and the bride say, “Come!” And let him who hears say, “Come!” And let him who thirsts come. Whoever desires, let him take the water of life freely.

 

Well, after relaying my thoughts on the 28th Amendment Chain Email, my encouragement to promote an Amendment proposal, the likelihood such an amendment proposal would only succeed via a States summoned Constitutional Convention and the potential hazards involved in said Convention; below is the version (paragraph edited) of the Chain Email sent to me followed by the debunking as NOT TRUE by the fact-checkers at Truth or Fiction below that.

 

Whew! I know, it’s a long post. But I think you might be interested.

 

JRH 1/8/18

Please Support NCCR

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Sent by Friend on Facebook Messenger

Sent 1/3/18 3:58 PM

 

Please read 28th amendment

Please Read, and forward.

 

This will only take 1 minute to read!

28th Amendment,

35 States and Counting.

 

It will take you less than a minute to read this. If you agree, please pass it on. It’s an idea whose time has come to deal with this self-serving situation:

 

OUR PRESENT SITUATION!

 

Children of Congress members do not have to pay back their college student loans. Staffers of Congress family members are also exempt from having to pay back student loans. Members of Congress can retire at full pay after only one term. Members of Congress have exempted themselves from many of the laws they have passed, under which ordinary citizens must live.

 

For example, they are exempt from any fear of prosecution for sexual harassment. And as the latest example, they have exempted themselves from Healthcare Reform, in all of its aspects. We must not tolerate an elite class of such people, elected as public servants and then putting themselves above the law.

 

I truly don’t care if they are Democrat, Republican, Independent, or whatever. The self-serving must stop. Governors of 35 states have filed suit against the Federal Government for imposing unlawful burdens upon their states. It only takes 38 (of the 50) States to convene a Constitutional Convention. If each person that receives this will forward it on to 20 people, in three days most people in The United States of America will have the message.

 

Proposed 28th Amendment to the United States Constitution:

 

“Congress shall make no law that applies to the citizens of the United States that does not apply equally to the Senators and/or Representatives; and, Congress shall make no law that applies to the Senators and/or Representatives that does not apply equally to the Citizens of the United States …”

 

This is an idea that should be passed around, regardless of political party. Congressional Reform Act of 2017

 

  1. No Tenure / No Pension. A Congressman/woman collects a salary while in office and receives no pay when they’re out of office. And, no more perks go with them.

 

  1. Congress (past, present, & future) participates in Social Security. All funds in the Congressional retirement fund move to the Social Security system immediately. All future funds flow into the Social Security system, and Congress participates with the American people. It may not be used for any other purpose.

 

  1. Congress must purchase their own retirement plan, just as ALL Americans do.

 

  1. Congress will no longer vote themselves a pay raise. Congressional pay will rise by the lower of CPI or 3%.

 

  1. Congress loses their current health care system and participates in the same health care system as the American people.

 

  1. Congress must equally abide by all laws they impose on the American people (i.e. NO MORE INSIDER TRADING!!!).

 

  1. All contracts with past and present Congressmen/women are void.

 

The American people did not make this contract with Congressmen/women. Congress made all these contracts by and for themselves. Serving in Congress is an honor and privilege NOT a career.

 

The Founding Fathers envisioned citizen legislators should serve their term(s), then go home and go back to work … not get all kinds of freebies. Just hold your finger down then hit forward and send it to everyone you know. Let’s help get the country straightened out.

 

++++++++

A Proposed 28th Amendment That Says ‘Congress Will Make No Laws That Does Not Apply to Them’?

A rumor that has been around for years periodically finds new life in email forwards and on social media — but it’s still not true.

By Truth or Fiction

March 17, 2015

 

United States Constitution over an American flagwynpnt / Pixabay

 

Claim

 

More than half of the United States has signed on to a proposed “28th amendment” to the Constitution.

 

Rating

 

Not True

 

Reporting

 

A forwarded-email-turned-social-media-post about a proposed “28th amendment” to the United States Constitution pops up periodically as a viral rumor. There are variations, but the gist of it goes something like this:

 

Congress shall make no law that applies to the citizens of the United States that does not apply equally to the Senators and Representatives; and, Congress shall make no law that applies to the Senators and Representatives that does not apply equally to the citizens of the United States.

 

The email then asks readers to forward the message, a demand that should always spur further fact-checking.

 

The Truth:

 

There is no official campaign for a 28th amendment beyond its being proposed in this forwarded email (or social media post.) Some versions of this rumor were lent credence by phony numbers, when they began circulating with the allegation that 35 states have filed sued against the government while proposing a “28th amendment.”

That number is not accurate. States had actually filed suit against the Affordable Care Act, known colloquially as Obamacare, claiming at the time that the health care law was unconstitutional and violated the rights of individuals by forcing them to buy health insurance by 2014 or face penalties, as articles from 2011 explained:

 

There have been at least 26 federal lawsuits seeking to overturn the health reform law. In the six biggest decisions, three panels of judges have supported the constitutionality of the law, and three have ruled against it — with one major appellate decision expected any day from an appeals court in Richmond, Va.

Both sides pledge to take the issue all the way to the Supreme Court, which may decide to take up the case as early as this fall.

The 11th Circuit Court sided with 26 states — mostly led by conservative governors and attorneys general — who are asking for the law to be blocked in its entirety. Their primary argument is that that forcing Americans to buy health insurance oversteps the bounds of the Commerce Clause in the Constitution, which allows the government to regulate economic activity. But the decision to forgo health insurance is not an economic activity and can’t be regulated, they say.

 

Somewhere along the line, the reportage about the ACA was folded in with this chain email, likely to lend it more weight and spread it farther. However, the two issues are not related.  The viral posts and chain emails begin by claiming that members of Congress do not pay into Social Security. As we have previously reported, that is a rumor so outdated as to attain full “hoax” status.

The email also said that congressional members would exempt themselves from any proposed healthcare reform package.  Members of Congress and most government full time workers already have a healthcare package. The proposed healthcare reform began with the purpose of offering healthcare for those not already covered.

For all these reasons, we rate this claim Not True..

 

A real example of the eRumor as it has appeared on the Internet:

 

For too long we have been complacent about the workings of Congress. Many citizens have no idea that members of Congress can retire with full pay after only one term, that they don’t pay into Social Security and that they have specifically exempted themselves from many of the laws they have passed (such as being exempt from any fear of prosecution for sexual harassment). “Ordinary” citizens must live under all those laws.

The latest travesty is that Congress will exempt themselves from the Healthcare Reform that is being considered…in all of its forms. Somehow, that doesn’t seem quite right. We do not have an elite class that is above the law. I truly don’t care if they are Democrats, Republicans, Independents or whatever.  The self-serving must stop.

This is a good way to do that. It is an idea whose time has come.  Proposed 28th Amendment to the United States Constitution:

“Congress shall make no law that applies to the citizens of the United States that does not apply equally to the Senators and Representatives; and, Congress shall make no law that applies to the Senators and Representatives that does not apply equally to the citizens of the United States”.

Each person contact a minimum of twenty people on their email address list, in turn ask each of those to do likewise.

In approximately three days, all people in the United States of America will have the Message. This is one proposal that really should be passed around.

 

Other Version:

 

Subject: 35 STATES SO FAR AND GROWING!

I hope you will all send this to as many people as you can. Thanks.

35 States So Far & Growing

SOUNDS LIKE WE’RE ON THE RIGHT PATH—FINALLY!

Governors of 35 states have filed suit against the Federal Government for imposing unlawful burdens upon them. It only takes 38 (of the 50) States to convene a Constitutional Convention.

This will take less than thirty seconds to read. If you agree, please pass it on.

This is an idea that we should address.

For too long we have been too complacent about the workings of Congress. The latest is to exempt themselves from the Healthcare Reform that passed … in all of its forms. Somehow, that doesn’t seem logical. We do not have an elite that is above the law. I truly don’t care if they are Democrat, Republican, Independent or whatever. The self-serving must stop.

If each person that receives this will forward it on to 15 people, in three days, most people in The United States of America will have the message. This is one proposal that really should be passed around.

Proposed 28th Amendment to the United States Constitution: “Congress shall make no law that applies to the citizens of the United States that does not apply equally to the Senators and/or Representatives; and, Congress shall make no law that applies to the Senators and/or Representatives that does not apply equally to the citizens of the United States …”

You are one of my 15

 

And another version with celebrity endorsement:

 

Just 3 States short!

This is what Mark Levin has been talking about a constitutional convention by the states to get back to the laws of the Constitution.

This will take less than thirty seconds to read. If you agree, please pass it on. I believe this is an idea that we should address.

35 STATES SO FAR…..IT’S GROWING

One message to forward!

Governors of 35 states have filed suit against the Federal Government for imposing unlawful burdens upon them.

It only takes 38 (of the 50) States to convene a Constitutional Convention.

For too long we have been too complacent about the workings of Congress.

Their latest stunt is to exempt themselves from the Healthcare Reform that they passed … in all of its forms.

Somehow, that doesn’t seem logical. We do not have an elite ruling class that is above the law.

I truly don’t care if they are Democrat, Republican, Independent, or whatever self-serving must stop.

If each person that receives this will forward it on to 15 people, in three days, most people in The United States of America will have the message.

This is one proposal that really should be passed around.

Proposed 28th Amendment to the United States Constitution:

“Congress shall make no law that applies to the citizens of the United States that does not apply equally to the Senators, Representatives of Congress; and, Congress shall make no law that applies to the Senators and/or Representatives that does not apply equally to the citizens of the United States…”

You are one of my 15 (or more).

Please keep this going.

 

Article Sources:

 

 

 

 

_______________________

On Chain Email and Amendment Process

John R. Houk

© January 8, 2019

______________________

Facebook Messenger Version 28th Amendment Chain Email

 

Sent 1/3/18 3:58 PM

______________________

A Proposed 28th Amendment That Says ‘Congress Will Make No Laws That Does Not Apply to Them’?

 

Made with truth. ©All rights reserved.

https://www.truthorfiction.com/

 

ABOUT TRUTH OR FICTION

 

Intro to ‘We the People’


A Divided or Unified America

 

John R. Houk, Blog Editor

© November 21, 2018

 

This is one of the most thought provoking submissions from Justin Smith on the state of our U.S. Government platformed by the U.S. Constitution.

 

I am uncertain if it was Justin’s intention but this essay provides good reasoning to reform America’s Constitution. There is as much a divide between naysayers and pro-Constitution reformers for a new Constitutional Convention for American Governance.

 

The naysayers are concerned about the intrusion of abusive power (both Conservative and Leftists) in government. Constitutional Reformers believe that parameters can be imposed on Constitutional delegates in the framing of a new Constitution. Frankly, in this day and age there are elements of truth that are probably valid concerns from both the naysayers and reformers.

 

My biggest concern based on America’s last two election cycles, is that Americans are so divided on political ideology (Conservative vs. Leftist) the atmosphere for give and take deliberation in a convention may be impossible.

 

If you look at American history, Americans were not exactly unified in certainty in leaving the British Monarchy for complete independence. Many Americans considered themselves British citizens living in colonial America. While many other Americans were so upset with British governance exploiting colonial life relegating colonialists conquered subjects with no self-determination in practical local governing robbed of British privilege.

 

The former were loyal to the Crown but still displeased with socio-political governing. The latter were so displeased with British governing that the feeling of self-governing would provide a better socio-political life based on representation. Then there were a group of colonials that were ambivalent and just sought existence.

 

Of course the outcome favored the self-government by representation group of colonials; however, there was enough displeasure with British governance among Crown-favored Americans that remained after the Revolutionary War that a consensus could be deliberated upon in the formation of a national government of united former colonies.

 

On a personal level, I have doubts such a consensus via deliberation is possible in America’s current political divide. The political atmosphere today resembles the America of the Civil War than the Americans during the War of Independence.

 

I suspect America’s current divide may devolve into a war that would determine the political future of make-up of the United States. Lacking a Lincoln-like individual, that make-up may or may not be a Fractured States of America.

 

My prayer for America is for a Lincoln-like individual for a unified future. If not, I fear America’s future will fated to foreign domination by a more globalist-minded governance.

 

JRH 11/21/18

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‘We the People’

Or A Nation of Sheep

 

By Justin O. Smith

Sent 11/20/2018 9:04 PM

Americans, by and large, have not kept themselves informed, and adhered to the limits the Constitution imposes upon our government, which has resulted in more than half the problems we face today as a country. And, because the voters themselves do not know, or care, what the Constitution says, they elect candidates who have no intention, or desire, to support and defend it — believing in “the end justifies the means”.  It is a vicious cycle that repeats itself every election cycle and won’t stop until the people take the time to learn what the drafters of the Constitution intended when they wrote it.

So, as Lysander Spooner so aptly said, “But whether the Constitution really be one thing, or another, this much is certain – that it has either authorizes such a government as we have had, or has been powerless to prevent it. In either case it is unfit to exist.” I could almost stop right there, saying that is how I feel about our system of government, and the document that established it…but I won’t.

Even though the Constitution outlined a fundamentally sound system of government, in theory, the problem is that it was the creation of a group of men who held differing views on what government should look like and what powers it should hold.

Ben Franklin explained it best when he said:

 

“For when you assemble a number of men to have the advantage of their joint wisdom, you inevitably assemble with those men, all their prejudices, their passions, their errors of opinion, their local interests, and their selfish views. From such an assembly can a perfect production be expected? It therefore astonishes me, Sir, to find this system approaching so near to perfection as it does; and I think it will astonish our enemies, who are waiting with confidence to hear that our councils are confounded like those of the Builders of Babel; and that our States are on the point of separation, only to meet hereafter for the purpose of cutting one another’s throats. Thus I consent, Sir, to this Constitution because I expect no better, and because I am not sure, that it is not the best. The opinions I have had of its errors, I sacrifice to the public good. I have never whispered a syllable of them abroad. Within these walls they were born, and here they shall die. If every one of us in returning to our Constituents were to report the objections he has had to it, and endeavor to gain partizans in support of them, we might prevent its being generally received …” (Source: Franklin’s Final Address to the Constitutional Convention.

There were many concerns expressed by these patriots who opposed the Constitution, but the underlying theme that can be found in most of their writings is that the Constitution created a consolidation of the States into a Union under a strong centralized government.

In a more perfect union, a more perfect Republic, our sovereign and independent states would reassert the 9th and 10th Amendments more forcefully, since they have been abrogated out of existence by federal laws and judicial activism; the states should unite themselves together by a perpetual confederacy, without ceasing to be, each individually, a perfect state. They will together constitute a federal republic: their joint deliberations will not impair the sovereignty of each member, though they may, in certain respects, put some restraint on the exercise of it, in virtue of voluntary engagements. A person does not cease to be free and independent, when he is obliged to fulfill engagements which he has voluntarily contracted.

One of the primary concerns of the anti-Federalists was: Did the Constitution do away with the status quo and create a consolidation of the States into a single, indivisible Union; or Republic, or did the States still retain all powers which were not expressly given; allowing the government to intrude into and interfere with the lives and liberties of the people.

 

[Blog Editor: It is my humble opinion the concerns of the Anti-Federalists who opposed ratification of the Constitution is important thought relating to America’s current political divide. Here are posts with some perspective on Anti-Federalist thought:

 

 

 

 

 

On June 5, 1788 in a speech opposing ratification of the Constitution, Patrick Henry expressed those exact sentiments as follows:

“I rose yesterday to ask a question which arose in my own mind. When I asked that question, I thought the meaning of my interrogation was obvious: The fate of this question and of America may depend on this: Have they said, we, the States? Have they made a proposal of a compact between states? If they had, this would be a confederation: It is otherwise most clearly a consolidated government. The question turns, Sir, on that poor little thing-the expression, We, the people, instead of the States, of America.”

It should be obvious, that the people had already established republics by their having created their own State Legislatures, so they actually had no need to create another Republic for the purpose of governing them all. The purpose for which the delegates were sent to Philadelphia was to arrive at suggestions for amendments, in order to make the existing Confederation Government adequate for the needs of the country; not to toss the existing form of government in the trash heap and replace it with one of their creation.

If the powers given to this new form of government were to be exercised primarily upon the States, then why did the drafters of the Constitution demand that it be ratified by the voice of the people; as it was the States whose authority would be further restricted, or usurped, by the creation of this new form of government. However, if this new system of government was, in fact, a consolidation and a diminishing of the sovereignty of the States, then it would make sense that the people must give their consent to it.

Yet, in Federalist 45 James Madison attempted to ensure the people that the States would retain their authority over the lives and liberties of the people by saying:

“The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected.

 

The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.”

Most Americans believe the Bill of Rights protects certain rights against governmental interference. That is only partially true, since the Bill of Rights are amendments to the Constitution which created our federal government; not the constitutions which framed the various State governments. Therefore, technically they only apply to the federal government. However, an argument can also be made that, since the Constitution itself is the Supreme Law of the land, any amendment to it could be implied to apply to the States as well.

Keeping things simple, let’s just say that the Bill of Rights only applies to the federal government. How is it then that the government can dictate what kind of guns private citizens may own; how is it that the Supreme Court — which is PART of the federal government — decides whether a State may display the Ten Commandments, or that children be prohibited from praying in school; how is it that the federal government can violate the 4th Amendment by spying upon the private conversations of every man, woman and child in this country, just to keep us safe from terrorism?

There exists a whole list of things the federal government has done which are not among the powers listed in Article 1, Section 8 as those powers given to Congress; which in case you have forgotten, is the lawmaking body of our government; not the President as so many seem to think.

This has all been done because of the concept of implied powers; something introduced while George Washington was President. That occurred because the Constitution itself did not provide specific enough limitations upon the powers it was granting government; leaving loopholes by which government has expanded its power well beyond those originally intended.

So, if that is true, then the Constitution itself failed the people as it did not provide sufficient means for the people to resist the encroaching powers of government and to ward off tyranny and oppression.

Not one individual can provide me with the Article and Clause that grants any of us the authority to arrest and charge any of our elected officials, for the crime of violating the Constitution, because such a clause simply does not exist. And, it is this oversight that has resulted in the Constitution’s failure, by not providing the means to oppose a government that no longer adheres to any kind of limits upon their power and authority.

I only care whether the party that is in control adheres to the Constitutional limitations imposed upon them and seeks to protect and defend my rights…that and nothing more, and both parties have failed miserably in this duty. If government does not do this, then I revoke my consent to being governed by it.

Why do Americans still support a government that no longer resembles or represents the ideas and beliefs which led our Founders to seek their independence from a tyrant? Why do they so meekly submit to tyranny and oppression today? Is there not a drop of patriotic blood left in their bodies?

One certainly must wonder what has kept Americans from marching on D.C, with rifles in hand and sixteen feet lengths of rope, so criminals like Hillary Clinton, Obama and Susan Rice and many others could be hung from the highest tree, or the balcony of the Capitol Building; especially in light of the current double standard of “law” applied in America.

All I see is a nation of sheep who meekly obey the commands of their masters. What has become of the land of the free and the home of the brave? LaVoy Finicum was brave and he was gunned down in cold blood; with the media and the people calling him an extremist.

I seek to restore America to Her Founding Principles and more of an Originalist approach towards the implementation of the U.S. Constitution, which has been bastardized far and away from anything ever intended by the Founding Fathers. If Patrick Henry, Samuel Adams and Thomas Jefferson were alive today they would either have fled the country, or they would be serving time, in Guantanamo Bay as domestic terrorists, because the people of this country no longer care about limited government or individual liberty; all they care about is comfort and security, whether it’s the Democrats or Republicans providing it.

And it makes me sick to death to watch.

~ Justin O Smith

______________________

Intro to ‘We the People’

A Divided or Unified America

 

John R. Houk, Blog Editor

© November 21, 2018

______________________

‘We the People’

Or A Nation of Sheep

 

By Justin O. Smith

Sent 11/20/2018 9:04 PM

 

Edited by John R. Houk

Most source links by Justin Smith. Some links are by the Editor. Text embraced by brackets are by the Editor.

 

© Justin O. Smith

 

Faux 28th Amendment, Yet Still Need Convention


John R. Houk

© July 25, 2017

 

I became a recipient of a Chain Email that has been circulating for some years. The Leftist fact checkers who have I have little trust for have debunking posts circa 2011. As far as the Conservative perspective goes I trust TruthORFiction.com. Truth or Fiction purposely presents their website in a retro format for reasons I am unclear.

 

The purpose of the Chain Email I received is to promote a 28th Amendment that makes members of Congress accountable to the same rule of law as every American citizen is. Before a reading of a single paragraph of this 28th Amendment the email provides examples of alleged improprieties that members of Congress and their families receive that Americans do not receive.

 

According to Truth Or Fiction the Chain Email is total poppycock. Here is a debunking excerpt:

 

Summary of eRumor: 

 

A chain email says that children of members of Congress and their staffers have their student loans forgiven.

The email also says that 35 governors have sued for a 28th amendment to the U.S. Constitution that would limit federal power.

 

The Truth: 

 

Both of these claims are false.

There is a Student Loan Repayment Program in place to help attract and retain federal employees, but it does not extend to family members. Elected officials, uniform service members and other government employees are eligible under the law.

 

Federal employees can have up to $10,000 in federally insured student loans repaid each year, and up to $60,000 repaid over their career, the Office of Personnel Management reports.

 

And the federal government does not forgive these loans, as the eRumor claims. The loans are repaid. That’s important because it means federal employees have to pay taxes on loan payments just like the rest of their salaries.

 

In 2013, $52.9 million in student loan repayments were made for 7,314 federal employees, the Office of Personnel and Management reports.

 

The email’s claim that 35 governors had sued the U.S. government for a 28th amendment is also false. The email says that the proposed 28th amendment would state:

 

“Congress shall make no law that applies to the citizens of the United States that does not apply equally to the Senators, Representatives of Congress; and, Congress shall make no law that applies to the Senators and/or Representatives that does not apply equally to the citizens of the United States

 

That same language was used in an eRumor that TruthorFiction.com found to be false in 2013. Click here for that story.

 

Both versions of the eRumor said that 35 governors had signed onto a petition for a constitutional convention to create the 28th amendment, but that’s not true.

 

At last count, three states had tried to force a constitutional convention. Resolutions in Kansas, Georgia and Indiana sought to balance state and federal power, the Huffington Post reports.

 

And under Article V of the U.S. Constitution, 34 states have to pass a resolution on the same subject to force a constitutional convention — not 38 states, as the eRumor claims.

 

READ THE REST (Children of Congress Members Don’t Pay Back Student Loans-Fiction! 35 Governors Have Sued the Federal Government to Create 28th Amendment-Fiction!)

 

And yet there are actual special benefits for members of Congress that the rest of us American citizens are not privy to. All the perks of the chain email simply don’t exist especially in 2017. Even though members of Congress make less than the private sector with more responsibilities, retirement benefits kick in according to time served and when reach a certain age:

 

Members of Congress are not eligible for a pension until they reach the age of 50, but only if they’ve completed 20 years of service. Members are eligible at any age after completing 25 years of service or after they reach the age of 62. Please also note that Members of Congress have to serve at least 5 years to even receive a pension.

 

The amount of a congressperson’s pension depends on the years of service and the average of the highest 3 years of his or her salary. By law, the starting amount of a Member’s retirement annuity may not exceed 80% of his or her final salary. (Salaries and Benefits of US Congress Members: The Truth; By Robert Longley; ThoughtCo.com; Updated 3/12/17)

 

As of 2014 members of Congress are tied into the same Obamacare health insurance rules as all of us according to Thoughtco.com (Ibid.). Read the CNN explanation of how Obamacare insurance exchanges works for Congress and their staff: How do Congress’ lawmakers get health care? By Ashley Killough; CNN [aka Communist News Network]; 7/18/17 Updated 7:19 AM ET)

 

Too bad the chain email didn’t address actual Congressional perks that We the People do not receive.

 

Senate Expense Account

 

 The Senators’ Official Personnel and Office Expense Account (SOPOEA) is available to assist Senators in their official and representational duties. The allowance is provided for the fiscal year. The preliminary list of SOPOEA levels contained in the Senate report accompanying the FY2017 legislative branch appropriations bill shows an average allowance $3,306,570 per Senator. (Screw Obamacare, ‘We the People’ Want Everything Congress Has; By Lori; GlenBeck.com; 7/25/17)

 

Senate Furniture Expense

 

Each Senator is authorized $40,000 for state office furniture and furnishings for one or more offices, if the aggregate square footage of office space does not exceed 5,000 square feet. The base authorization is increased by $1,000 for each authorized additional incremental increase in office space of 200 square feet. (Ibid.)

 

House Personnel and Office Expense

 

$1,200,000.00

 

Members of the House receive a $250,000 budget for travel and office expenses. (Ibid.)

 

Special Class Beneficial Treatment

 

Members of Congress have long been treated as a special class with lifelong access to members-only parking spaces, elevators, dining rooms and exercise facilities (unless they become a lobbyist).

 

Grooming and Fitness Amenities

 

  • Taxpayer-funded, members-only gym

 

  • Taxpayer-funded, members-only salon

 

  • Taxpayer-funded, members-only barbershop

 

  • Taxpayer-funded, members-only tennis court (Ibid.)

Travel Privileges

 

Staff schedulers often times make reservations for members of Congress via dedicated phone lines that Delta and other major airlines have reportedly set up for Capitol Hill customers. Airlines also permit members to reserve seats on multiple flights but only pay for the trips they take.

Free parking at the two Washington-area airports (At a rate of $22 per day, that represents almost $740,000 in forgone revenue annually for Reagan National). (Ibid.)

 

If Congress Member dies, Family Benefit

 

Family members of those in Congress who die, typically receive a full year’s salary as compensation ($174K). (Ibid.)

 

As to the 28th Amendment in the Chain Email, no such Amendment has even proposed in Congress nor has any State every tried to suggest a convened Constitutional Convention on the matter of equalizing Congressional benefits with American citizen benefits.

 

Some discerning Conservatives believe the Federal usurpation of power has exceeded the design of the Framers of the Constitution. These Conservatives believe Congress is too hamstringed to reverse the despotism of excessive Federal power over the We the People where the Founding Fathers believed power should reside. In this view the best Constitutional method of restoring power to the people is based in Article 5 of the Constitution:

 

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 V, U.S. Constitution (From ConventionOfStates.com/Solution)

 

I as well lean toward a Constitutional Convention. But there is no surprise the American Left is not in big favor of a Convention. There are also Conservatives that fear a Convention not because they don’t recognize the problem of excessive Federal Power, rather these Conservatives fear an out of control Convention which the American Left may prevail potentially making the threat to American Liberty worse than the Dems and Leftist activist Courts already have.

 

This excerpt relays the fears:

 

Many people have voiced concern over the convention method of amending the Constitution. Our only experience with a national constitutional convention took place 200 years ago. At that time the delegates took it upon themselves to ignore the reason for calling the convention, which was merely to improve the Articles of Confederation. The Founding Fathers also violated the procedure for changing the Articles of Confederation. Instead of requiring approval of all the state legislatures, the signers of the Constitution called for ratification by elected state conventions in only nine of the 13 states.

 

Another point of anxiety is that Article V of the Constitution says nothing about what a convention may or may not do. If a convention is held, must it deal with only one proposed amendment? Or could the delegates vote on any number of amendments that were introduced? The Constitution itself provides no answers to these questions.

 

Howard Jarvis, the late leader of the conservative tax revolt in California during the 1970s, opposed a convention. He stated that a convention “would put the Constitution back on the drawing board, where every radical crackpot or special interest group would have the chance to write the supreme law of the land.”

 

Others, like Republican Senator Orrin Hatch of Utah, disagree with this viewpoint. Senator Hatch has said it is ironic when the people attempt to engage in “participatory democracy set forth by the Constitution, we are subject to doomsday rhetoric and dire predictions of domestic and international disaster.”

 

Of course, any amendments produced by a convention would still have to be ratified by three-fourths of the states. We may soon see how this never-used method works if the balanced budget people swing two more states over to their side. (Do We Need a New Constitutional Convention; Constitutional Rights Foundation)

 

Here is the Convention of States rebuttal to the fears:

 

Much of the opposition to an Article V convention hinges on fears of a “runaway convention.” Convention opponents frequently argue that a convention is inherently unlimited and once it convenes it cannot be restricted in any way. …

 

The text of the Constitution itself clearly indicates that a convention can be limited in at least some ways. For instance, a convention under Article V is limited to “proposing amendments.” It is essentially a recommendatory body: it cannot ratify its own proposals. Thus, even an “unlimited” convention is limited in this critical respect, which prevents rash or unpopular amendments from becoming part of the Constitution.

 

Further, Article V specifies that certain topics are off-limits for a convention (and for Congress) to consider. The last portion of the article takes certain provisions relating to the import of slaves off the table until 1808, and forbids any amendment that deprives the states of equal representation in the Senate. There can be no question that certain topics are off-limits for a convention, since Article V itself imposes those limitations. That states legislatures may further limit the authority of a convention is shown by the historical practice and purpose behind Article V.

 

 

In short, the text of Article V, the history and purpose behind it, plus Congress’s own inaction, all indicate that an Article V convention can be limited to a particular topic or set of topics. Our Founders knew what they were doing when they voted unanimously to put the convention provision in Article V.10 A convention is not some all-powerful body with authority to unilaterally scrap our Constitution, though convention opponents often represent it in that light. It is a limited-purpose committee intended to give the states the ability to propose particular amendments that Congress never would. As such, the state legislatures can impose binding subject-matter restraints on the convention to ensure that it does not run away. (A Single-Subject Convention; By Robert Kelly, J.D.1 [1. Mr. Kelly is a practicing attorney and a member of the California Bar. He currently serves as General Counsel for Citizens for Self-Governance.]; Convention of States pdf)

 

Frankly I can think of some more important issues for the 28th Amendment of the Chain Email. The Left must submit to what made America great. The Left has done such an effective job of propagandizing their agenda that most Americans are not even aware of the Liberty and Freedom our Founding Fathers fought for against the British Crown despotism of the 1760s and 1770s. The witless supporters of the American Left have been slowly restoring Americans to the same despotism that led Thirteen British Colonies to demand Independence that eventually led to the U.S. Constitution of laws of We the People.

For those interested in the debunked Chain Email on the faux 28th Amendment, it is below.

 

JRH 7/25/17

Please Support NCCR

****************

Proposed 28th Amendment and Congress

Chain Email

Editor Received 7/25/17

 

Please read 28th amendment

 

Please Read, and forward.   This will only take 1 minute to read!

28th Amendment, 35 States and Counting.

 

It will take you less than a minute to read this. If you agree, please pass it on. It’s an idea whose time has come to deal with this self-serving situation:

 

OUR PRESENT SITUATION!

 

Children of Congress members do not have to pay back their college student loans.

 

Staffers of Congress family members are also exempt from having to pay back student loans.

 

Members of Congress can retire at full pay after only one term.

 

Members of Congress have exempted themselves from many of the laws they have passed, under which ordinary citizens must live.

For example, they are exempt from any fear of prosecution for sexual harassment.

 

And as the latest example, they have exempted themselves from Healthcare Reform, in all of its aspects.

 

We must not tolerate an elite class of such people, elected as public servants and then putting themselves above the law.

 

I truly don’t care if they are Democrat, Republican, Independent, or whatever. The self-serving must stop.

 

Governors of 35 states have filed suit against the Federal Government for imposing unlawful burdens upon their states. It only takes 38 (of the 50) States to convene a Constitutional Convention.

 

IF???

 

Each person that receives this will forward it on to 20 people, in three days most people in The United States of America will have the message.

 

Proposed 28th Amendment to the United States Constitution:

 

Congress shall make no law that applies to the citizens of the United States that does not apply equally to the Senators and/or Representatives; and, Congress shall make no law that applies to the Senators and/or Representatives that does not apply equally to the Citizens of the United States …

 

You are one of my 20.

 

Stand and Oppose Obamacare


Uncle Sam - Time to Take USA Back

Intro to ‘Stand and Oppose Obamacare’

Intro by John R. Houk

9/19/13

 

Justin Smith writes an excellent essay on repealing or actually defunding Obamacare. I truly approve of Smith’s activist call for the States to use Article V of the U.S. Constitution to take the issue out of the hands of the President, Congress and the Supreme Court. Congress does seem to buckle more often than to withstand Obama’s Executive despotism. SCOTUS’s 5-4 decision making Obamacare Constitutional if the funding is declared a tax rather than using the Commerce Clause to ram the beginnings of Socialistic healthcare down the throats of Americans.

 

Chief Justice Roberts tried to make a compromise by ruling that reference to the Commerce Clause was unconstitutional; however compelling people to pay for Obamacare insurance is valid as a tax:

 

However, according to the majority decision by John Roberts, the Supreme Court’s conservative chief justice, the mandate cannot be justified on commerce-clause grounds. Indeed, Mr. Roberts wholly affirms the argument that the commerce clause cannot regulate economic inactivity. From the syllabus of the decision:

 

Construing the Commerce Clause to permit Congress to regulate individuals precisely because they are doing nothing would open a new and potentially vast domain to congressional authority. Congress already possesses expansive power to regulate what people do. Upholding the Affordable Care Act under the Commerce Clause would give Congress the same license to regulate what people do not do. The Framers knew the difference between doing something and doing nothing. They gave Congress the power to regulate commerce, not to compel it. Ignoring that distinction would undermine the principle that the Federal Government is a government of limited and enumerated powers. The individual mandate thus cannot be sustained under Congress’s power to “regulate Commerce.” (John Roberts’s art of war; By W.W.; The Economist; 6/28/12 21:01)

 

So mysteriously SCOTUS transferred Individual Mandated funding from regulating Commerce to Taxation.

 

Commerce Clause: Article 1, Section 8, Clause 3 of the U.S. Constitution:

 

The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;

 

To borrow money on the credit of the United States;

 

To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;

 

To establish a … (Bold Emphasis Mine)

 

So here is the appearance the Dem controlled Executive Branch and SCOTUS colluded to circumvent the U.S. Constitution. By a two to one act of despotism the Constitution became irrelevant. However there is still a remedy in the Constitution to overcome two-branch despotism. That remedy is 2/3 of the fifty several states unite to have a Constitutional Convention to propose Amendments that must a 3/4 several state ratification to overcome the political despotism of the Dem Party controlled Executive Branch and SCOTUS subverting the 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.  (Bold Emphasis Mine – The Constitution of the United States: Article V; National Archives – Federal Register)

 

The Constitution has never been amended by the initiation of “the several states”. An Amendment Constitutional Convention might be the last legal vestige to overcome political intransience of a polarized Executive Branch and Congress. AND a divided SCOTUS could not overrule any Amendment designed by a Constitutional Convention convened by “the several states”.

 

Justin Smith’s essay should inspire you to participate in an activism on the grassroots level to overcome Federal despotism.

 

JRH 9/19/13

Please Support NCCR

*********************************

Stand and Oppose Obamacare

 

By Justin O. Smith

September 19, 2013 11:58 am

Justin Smith FB Notes

 

In 2010, the Democratic controlled House passed the Patient Protection and Affordable Care Act, 219 to 212, even though there had not been any great advocacy from the public on this issue. To the contrary, most Americans saw only a need in some health care sectors  for slight reforms, and most Americans know now, just as they did then, that this misnamed legislation (“affordable”) will make matters worse for all America, rather than better; the Affordable Care Act is recognized by the majority of Americans as an egalitarian system based on Marxist principles, redistribution of the wealth, and the scarcity that accompanies such a system, as opposed to conservative free-market capitalist principles, tried and true, that have always yielded a great benefit to all; the PPACA is the worse piece of unConstitutional legislation in U.S. history, and Democrats and Republicans alike must recognize the negative impact of implementing the PPACA, and they must immediately defund it this month, as they also set in motion the repeal of the PPACA!

 

The PPACA/Obamacare has begun underfunded, and the system is ripe for corruption, bribery and abuses that will cost all Americans a great deal more than they are currently paying for health care. Whether one supports Obamacare or not, our tax-dollars, as prescribed by the PPACA, are now funding advertisements that excitedly explain just how wonderful Obamacare will be; those same collective tax-dollars will fund abortions and violate the conscience, religious beliefs and First Amendment rights of U.S. citizens who stand in opposition to abortion. And eventually, Obamacare’s poorly organized funding and implementation will force us all into a single-payer system, which will become the principle instrument of social control of the Progressive Democrats or any other unethical and immoral future administrations.

 

The flaws in Obamacare will become more apparent, and Americans will find themselves standing in long health care queues and provided medical services of dubious quality, because the more proficient medical professionals are already leaving medicine or planning to serve outside of Obamacare, until this is made illegal. Americans will necessarily need to join private medical groups comprised of citizens, who pool their resources in order to ensure the care of their members, which also leaves their freedom of choices and their privacy rights in place, because Obamacare has already shown itself to be a pipe-dream that will significantly increase the cost of a rationed health care system, kill jobs and the economy and still leave 30 million Americans un-insured!

 

“There are very few issues that are as personal and as tangible as health care, and implementation of the law over the next year is going to reveal a lot of kinks, a lot of red-tape, a lot of taxes, a lot of price increases and a lot of people forced into health care that they didn’t anticipate,” Brad Dayspring (Republican Senatorial Campaign Committee) recently stated.

 

Due to all the aforementioned, Obamacare is going to be an issue of critical importance in both the 2014 and 2016 elections, and it is beyond damned disgusting to watch Progressive “Republicans in name only”, such as Senator Bob Corker, Senator Lamar Alexander and Speaker John Boehner, pretend that they cannot stop Obamacare. Corker, in his slow drawl, laments, “Well, it’s the law now,” as if Congress has never before rescinded a U.S federal law. Boehner, feckless and pretentious, presides over one vote after another to repeal Obamacare, when he has known all along that the House can remove the government mechanisms that implement Obamacare from the appropriations part of the continuing resolution and essentially kill Obamacare. And, while Alexander says he has voted 23 times to repeal Obamacare, he voted extra funds for Obamacare during a shortfall of funds for the state exchanges.

 

These Progressive RINOs are no more anxious for the repeal of Obamacare than the Progressive Democrats, due to the power and wealth they look to gain in association with this Obamacare behemoth; these people are also representative of the status quo Republicans, who simply content themselves to work within the framework of any defeat the Progressive Democrats hand them, as they genuflect, lift their petticoats and await whatever favor Obama grants them!

 

The stage was set for this when the Progressive majority rammed Obamacare into law, and the U.S. Supreme Court did the bidding of the most extreme and radical U.S. President in history and found Obamacare “constitutional” in a fit of judicial activism aimed against our U.S. Constitution and against the will of the people. Americans witnessed firsthand tyranny, as described by James Madison in ‘Federalist Paper #47’:

 

“The accumulation of all powers, legislative, executive and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.”

 

Just imagine if past leaders had adopted the attitude of today’s Progressives concerning the Dredd Scott v. Sanford case (1857), and they never fought to abolish slavery, or they never passed the 13th and 14th Amendments to the U.S. Constitution. One must take a strong stand in opposition to any bad law of the magnitude of the Dredd Scott Decision or Obamacare, either one.

 

It is our responsibility and duty to defend the U.S. Constitution and our individual liberty in order that our children will live more free than now and, at the very least, as free as America’s Founders. This demands that we fight to our last dying breath to defund and repeal Obamacare. Those of you, so enamored with “Obama bucks”, Obamacare’s “free health care” give-away programs and “hope and change,” that you willingly give up your freedom to the State in exchange for the promise of “equality for all” in poverty, have wrapped yourselves in the cold embrace of the Statists’ chains. As for the remainder … the True American Patriots… demand that Congress remove Obamacare from the appropriations part of the continuing resolution before September 30, regardless of the imagined or real pitfalls that they envision; it’s better to lose a battle standing on one’s feet as a Free Man than to lose it on one’s knees…a coward!

 

If Congress fails America in this one simple task due to any fear that guides it, everyone should organize, in some form or fashion, and contact all their state legislators in every single state, blue and red alike, to start the process of involving each of their respective states in a States’ Convention for the purpose of proposing Amendments to the U.S. Constitution, that repeal Obamacare and halt several other aspects of government overreach in the manner described in Article V of the U.S. Constitution: “The Congress… on the Application of the Legislatures of two thirds of the several states, shall call a Convention for proposing Amendments, which… 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…”. This process trumps the President, Congress and the U.S. Supreme Court!

 

By Justin O. Smith

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© Justin O. Smith

Intro and Edited by John R. Houk

America’s Ailment/ or Elective Despotism


Obamacare Destroying Constitution

Introduction

John R. Houk

August 12, 2013

 

Congress is too polarized on both sides of the political spectrum to initiate an Amendment process to settle issues that prevents an activist Judiciary from touching the amended law. HOWEVER, there is another Amendment process that can exclude the U.S. Congress. That process is spelled out in 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. (Bold Emphasis Mine)

 

In Justin Smith’s essay below he refers to Article IV as a part of the Constitution calling for a Convention; however I am certain he was referring to Article V. I agree with Justin that a Constitutional Convention might be the only way to preserve the Union of the United States without chaos dividing our nation by another Civil War.

 

It is not the first time that Conservatives have suggested a Constitutional Convention. A Convention has never happened except for the one that established our current Constitution and a Union of States under one Republic. The modern reasons for fearing a Constitution is that the nature of the Constitution could change radically favoring either side of the American political spectrum. In such a case a Civil War might still occur.

 

Justin’s central theme is the constitutionality of the Affordable Care Act – aka Obamacare.

 

JRH 8/12/13

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America’s Ailment/ or Elective Despotism

 

By Justin Smith

Sent: 8/12/2013 10:41 AM

 

The continuing resolution that now funds the U.S. government, in place of a real budget, will require a new vote on September 30, 2013, and this represents the best opportunity Americans may ever have to free themselves from a burdensome, dangerous and unconstitutional piece of legislation called the Affordable Health Care Act or Obamacare. If we do not want our children and future generations to become slaves of government and their rights subject to arbitrary curtailment, then all Americans, who understand and recognize this piece of legislation and Obama’s “fundamental transformation” agenda as one huge step on the path towards tyranny, are bound by duty and conscience to support the total defunding of Obamacare, as emphatically and forcibly as possible within the U.S. House and Senate!

In his 1796 Farewell Address, George Washington warned of dangers associated with political parties: “… sooner or later the chief of some prevailing faction, more able or more fortunate than his competitors, turns this disposition to the purposes of his own elevation, on the ruins of public liberty.”

Recently, with only an imperial and utopian declaration, Obama delayed the business mandate section of Obamacare, scheduled for full implementation in 2014 by law, until 2015; however, he left the individual mandate in place by design. Obama hopes that the difficulties in repealing Obamacare will become insurmountable, as increasing numbers of people become dependent on receiving the subsidies associated with Obamacare. This is only the last in a long list of unconstitutional acts by Obama the despot.

Since May 2013, Americans have witnessed Kathleen Sebelius, Secretary of Health and Human Services, attempt to coerce businesses and insurance companies into contributing millions of dollars towards the organization and implementation costs of Obamacare, which many officials, such as Speaker John Boehner and Senator Harry Reid, are now recognizing to be “a train wreck” waiting to happen, as described by Senator Max Baucus, if more funding and better administrative and functional structures are not in place by 2014. Insurers have spurned Sebelius’ efforts, because they are already facing $100 billion in new taxes over a decade under Obamacare.

And to add insult to injury, the Obama administration will be placing advertisements through Obama’s Organizing for Action “grass-roots” network in order to “educate people about the law.” Funding for this sort of campaign was actually written into Obamacare, and you and I… the taxpayer… pay for these advertisements, even when we oppose this legislation. This year the Obama administration will steal $780 million more for these ads!

Last month, Senator Tom Harkin stated, “The sooner we get back to a good, progressive, populist message, the better off we’re going to be as Democrats.” But this is just one more symptom in America’s ailment, inasmuch as, too many Democrats and Republicans alike are Progressives, synonymous with statist, utopian and communist.

Entire sections of Obamacare have their origins in the early 20th century Progressive Era eugenics movement (approx. 1899-1939) and “The Passing of the Great Race” by Madison Grant, which was translated to German in 1925. It’s not any misrepresentation or hyperbole to state that many modern day Progressives still hold to the views and beliefs of the early Progressives, when we have a sitting President who voted for partial-birth abortion. We gain further insight into Progressive views, as we read Grant’s work: “The laws of nature require the obliteration of the unfit and human life is valuable only when it is of use to the community or race.” Reconcile that with “Life, Liberty and the Pursuit of Happiness”, if you can!

While Americans are already receiving “refund checks” for the initial purchase of the first month of health care insurance under Obamacare, various areas of the United States, according to the Heritage Foundation, are experiencing between 80% and 200% cost increases, depending on one’s location. And, it gets worse next year, when a new sales tax on health insurance goes into effect with an annual $8 billion price-tag.

Along with Obama’s ignoble lies and distortions regarding health-care reform, we have watched Kathleen Sebelius double-count funds cut from Medicare in order to present $500 billion in fictitious savings. America has also heard the Congressional Budget Office report that 800,000 people will lose their jobs directly due to Obamacare, and start-up costs over-budget are now known to be $2.8 trillion!

Obamacare is designed to fail, and, in the process, this will force Americans into a single-payer system, which will give the government complete control over the individual through numerous avenues of coercion. Senator Harry Reid admitted as much last week on the PBS Round Table, when he stated, “Obamacare is just a stepping-stone to a single-payer system.”

Senator Bob Corker has called continued talk of repeal “just plain silliness.” So, are we to simply lie down and surrender? Are we really going to do nothing to stop Obamacare and its destruction of individual liberty, as government bureaucrats make life and death decisions for us all? HELL NO!

No matter that Congress voted for Obamacare, the President signed it, and Chief Justice John Roberts manipulated and mangled the English language to be certain that he could declare it “constitutional”, it is beyond obvious to so many newly elected Congressmen and Senators, such as Ted Cruz and Mike Lee, and so many ordinary Americans that Obamacare is in fact unconstitutional. Therefore, over the course of the long haul, all good, freedom-loving, patriotic Americans must start working towards a Constitutional Convention, as outlined under Article IV of the U.S. Constitution, and proposed amendments to halt this very type of government abuse and “ELECTIVE DESPOTISM”, that Thomas Jefferson described in his “Notes on the State of Virginia”, which James Madison quoted in Federalist Paper #48; too many great Americans died, on the beachhead of Normandy, near the Yalu River and on the Ho Chi Minh Trail, fighting the very ideology Obama holds dear for Americans to allow this administration, or any like it, to continue unchecked and unrestrained!

To date the House has successfully, if only symbolically, voted to repeal Obamacare 38 times. Of course the Senate refused to do likewise due to the Democrat majority within it, which brings us back to the real and viable act of defunding Obamacare.

Speaker John Boehner often observes that “the House represents only one-half of one-third of the government”, but this should not give him reason to pause at such a critical juncture of history. Congress and the true will of the people have been ignored by the Senate, Obama and the U.S. Supreme Court, and, since all spending must be authorized by the U.S. House of Representatives in accordance with the U.S. Constitution, the Republican House majority must not be afraid to use the power that they now hold; they must not fail to defund Obamacare out of fear that an Obama/Reid initiated government shutdown will cost them the 2014 election: Remember, the Progressive Democrats had no qualms or pangs of conscience when they used every parliamentarian maneuver and dirty trick imaginable to foist this piece of tyranny upon America!

By Justin O. Smith

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© Justin O. Smith

Edited by John R. Houk