CITIZEN’S CALL FOR AN ARTICLE V CONVENTION OF STATES
by Dr. Thomas E. Davis, Col., USA (Ret), ©2017
u.s. cONSTITTUION(May 16, 2017) — Few Americans would deny that our government is broken and that it is up to We the People to provide the remedy provided by our founders under Article V of the Constitution.
At a forum held a few years ago, Associate Justice Antonin Scalia had this to say: “The founders inserted this alternative method of obtaining constitutional amendments because they knew the Congress would be unwilling to give attention to many issues the people are concerned with, particularly those involving restrictions on the federal government’s own power. The founders foresaw that and they provided the convention as a remedy. If the only way to get that convention is to take this minimal risk, then it is a reasonable one.”
Many lawyers, so-called experts on constitutional law have spoken to the issue of an Article V Convention of States. And in response there are national organizations speaking out for We the People to urge our respective state legislators to “File an application with the Congress requesting them to obey the law” and call an Article V Convention of States for the singular purpose of “PROPOSING AMENDMENTS TO THE CONSTITUTION.” Some of the so-called legal experts have opposed the idea and issued false information to support their opposition. One falsehood being broadcast as fact is that the founders constituted a fraudulent body because they had been instructed to simply modify the Articles of Confederation into the governing document for the new constitutional Republic of Thirteen States. Such talk is totally FALSE!
Here is another example of an unintentional falsehood from a lady, Jackie Borchardt, who wrote,” “Article V of the Constitution outlines two ways to modify it — by a two-thirds vote of Congress or through a convention called by two-thirds of the states.” I called and spoke with Ms. Borchardt to assure her that there was no intention of denigrating her actions.
Any Article V Convention is applied for by the states but MUST be called by the United State Congress. To date, the records of Congress indicate that 49 of the 50 States have applied for an Article V convention. Why has such a convention not been called? Just as our founders suspected, Congress will NOT comply. They are and have been aware for many years — as a matter of fact, since 1828 — that they are far too often in violation of the Constitution. This writer has, in fact, PETITIONED the 115th Congress, by FAX to Speaker Paul Ryan, stating, that, “In view of the fact that 49 states have applied for an Article V Convention of States, I DEMAND that you do your job and call a convention to be held in the Chambers of the 115th Congress during the month of August 2017 while you and the other members are out campaigning for another term at the public Hog trough,” Naturally, NO REPLY! No denial of fact and no refusal to comply; typical arrogance from our numerous haughty public servants. Are We the People going to be compelled to litigate in order to gain compliance?
As Michael Farris, an attorney affiliated with the Convection of States project pointed out, “The John Birch Society describes itself as a constitutionalist organization, yet it is highly critical of a very important component of the Constitution. The JBS does not like Article V’s provision that allows the States to unilaterally propose and ratify amendments to the Constitution.”
Is the 115th Congress in the pocket of the John Birch Society? I would doubt that; they are, as usual, feckless, irresponsible and self-serving rather than the servants of We the People as they were elected to be. Apparently, they will be non-compliant until one or more sovereign States initiates legal action. I just this moment spoke to the Citizens Services office of the New Jersey Attorney General’s office for the State of New Jersey. I was informed that to initiate litigation, I would have to hire a private attorney in an effort to force Congress to comply with the law! I then called the office of Governor Christie and was advised, rather than a phone call, it would be better to write. I asked if I might speak to the Governor and that notion was politely brushed aside. I then sent the Governor an email reading as follows:
Email to Governor Christie
Dear Governor Christie;
I am a 92-Year-old Retired Army Officer residing with my spouse of 71 years in the Rossmoor Retirement community for the past 22 years. My chief concern for the moment is the fecklessness and constitutional disregard of the 115th Congress as well as its four similarly afflicted predecessors. 49 of our fifty states have made application for an Article V Convention of States, yet this non-compliant Congress has refused to call such. I have personally “Demanded” of Paul Ryan that he call a COS for the Month of August 2017. I humbly ask that you insert yourself into this much-needed battle. I was just advised by an individual in the office of the Attorney General for NJ that I would have to hire an attorney to litigate this matter which I will do if it becomes necessary.
Most Sincerely; Tom D.