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Can we convene that Article V convention now?

By: luvnthebigsites (Diary)  |  July 1st, 2012 at 07:44 PM  | 

RESIZE: AAA

Can we convene that Article V convention now?

I see no other option at this point. From Wickard v. Filburn ~to~ Realville v. Sebelius it’s apparent that “We The People” Have finally been deemed irrelevant by all branches of the federal government. Every action has a reaction and Chief Just-us Roberts’ (RINO-ObamaVille) opinion colorfully points out our duty to change the very constitution that the court, congress and the executive branch have nullified by decree, fiat and downright constitutional insanity.

Those of us in the “Fairtax” (or tax replacement) camp got a monster boost with this bone head decision. The mandate is a Tax? Really?… The Narrative has now been successfully transferred from the commerce clause to the tax code. YAY! (Sorry… It’s the ONLY good thing I see that came out of this nightmare). For any tax (REPLACEMENT) to work the 16th amendment has to go… Doesn’t matter if it’s “Fair “or “Flat” Or Ryan’s plan… Whatever; until the constitution is amended to clear the way for a new form of revenue we can only look forward to more Fiats, Decrees and constitutional lunacy.

“But Luvn, But Luvn— November!” Yea I remember the last “November”. We did well. And we will do well again this go around. I also remember a vote on the BBA when everyone got settled in DC though. What was it again? 22 brave souls?

Sigh.

Look, I’m not going to give the false impression that I think it’s even possible for the states to convene a convention or for us to get the 2/3rds and 3/4ds necessary to do it El-natural with super majorities. (IF we get em’) I’m just pointing out that it’s all we have left. Chief Just-Us Roberts (RINO- ObamaVille) sealed that deal… Unconstitutional? PPPffft, sorry putz, just consult your tax code. I don’t care how many republicans get elected, (to the federal side), as long as the 80,000 pages of tax code and their power to add/remove or manipulate those pages remains intact… we WILL remain perpetually screwed. The fate of our republic has been handed back to the states and our state legislatures with this SCOTUS opinion… whether they want that responsibility or not.

Ok, with all that said I give you the: LuvntheBIGsites Article V Convention wish list! Heh… Please feel free to expand on the list or completely destroy my feeble arguments… (Sarcasm is welcome). :)

1. Article 1 section 8 thru the 16th amendment should be scrubbed including anything else in between that has to do with the fed’s power to tax. For a REPLACEMENT, LuvntheBIGsites likes a point of sale consumption tax on new goods and services @ or around the Laffer curve (19% ?) with a 10% debt reduction add-on to sunset when the national debt is paid off. Forever.

2. Enact a Balanced Budget Amendment that stipulates no federal outlays (with the exception of War) are to exceed revenue generated by the new tax structure. EVER. If this means the end to some “entitlement “or useless government programs… Sweet!.

3. The 17th Amendment should be scrubbed as well, (election of Senators with a popular vote). Seems to me that it all went downhill fast after the 16th and 17th were ratified. Examples: As crazy as California is would the state legislature send Boxer and Feinstein back to the senate over and over again with all that oil off the coast and a self-inflicted agricultural dust-bowl disaster over a “fish”? What about states that dig coal up and down the eastern seaboard? Or Mid-western natural gas?  Wouldn’t those states send people to Washington to represent them that come from Realville instead of environmentalist wacko’s? Would Arizona send McCain back over his big campaign finance “win” while his state is being over-run with illegals and drug gangs? Seems to me the best way to return power to the states is to let the states send representation to the senate that would reflect their own self-interest, not some special interest.

4. State legislatures should be able to organize a national ballot measure (minimum 2/3 states have to approve) for a popular vote among all states for the removal of a Supreme Court Just-us from the bench. Re-writing statutes to keep them alive from the high court has to stop, Period. Also we need some more checks and balances with regard to lifetime appointments. (Note: I’m not talking about Roberts here as much as I am about justices who look to “foreign law” for guidance or council others to NOT look to our constitution for guidance in creating their own). These are No-Brainer Blamstick offenses.  Bottom line: SCOTUS appointees need to fear the electorate too, (not just the Op-ed pages in the DC click).

And finally… (Tongue in cheek):

5. No graduate of Harvard University will be allowed at the convention or to participate in the re-writing of the constitution. (Nothing personal people but you had almost a century and you failed miserably). Didn’t Just-us Roberts (RINO-Obamaville) and Barack Hussein Kardashian (Mayor-Obamaville) go to Harvard? I rest my case.

Happy Independence day all… /Salute

—LuvntheBIGsites

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  • westcoastpatriette

    and I’m not trying to be defeatist — that all looks hopeless. I see too many encroachments on our freedoms via violations of the Constitution and contortions of its original meaning to salvage its integrity.

    To me, another aspect of the OCare ruling that I have not heard discussed is what the Constitution allows the feds to lay taxes for. Let’s say we accept Roberts’ reasoning that the mandate is a tax, but since when is the federal government supposed to be laying taxes for the purpose of addressing health care in the states? Just what the hell is the 10th Amendment referring to? The federal government has violated every aspect of states’ powers until the 10th is meaningless.

    • westcoastpatriette

      instead of larger size.

      And I’m not sure the mess can be salvaged. I am very sick of fighting the madness and being bullied by greed in government, leftist hacks, RINO turncoats and stupid judges.

      Aside from that, your ideas are good. The 16th and 17th need to go and all of the “clauses” need to be clarified — the ones that have been perverted to justify growing the federal government.

      • westcoastpatriette

        going forward but we can only absorb so many losses before we are so demoralized that we walk away to try to live outside the government as much as possible to avoid all the tyranny.

        As you can see, I am not feeling very hopeful today.

        • luvnthebigsites

          Its hard for me to recommend that we keep our chin up… I feel your pain and am demoralized in the same way.I wish i had something more to offer than a article V Convention.

          But I dont.

          God Bless.

  • JSobieski

    Liberals/Leftists would be overrepresented in a convention setting. In a convention, even the process for conducting the convention is up for debate.

    Think the Wisconsin protests in the capital building on steroids with 24/7 media coverage + woodstock and the largest hippie revival since the 60s.

    The chaos of convention would not enhance the forces of ordered liberty.

    • luvnthebigsites

      When the forces of ordered liberty collapse…I’m thankful we will have a convention to fall back on.

      ;-)

      • JSobieski

        Every Consitution written in the last 50 years lists rights like access to high speed internet, health care, inexpensive housing, etc.

        A convention is no fall back—it would be the final blow in a descent into hell.

        • luvnthebigsites

          Your convinced that the “occupoopers” will take over and render the constitution moot? After 2012 and another injection of electoral sanity?

          I respect your opinion… just wish it wasn’t so doom and gloom.

          • Christine

            Let’s say we even manage to get a convention on the books. In addition to what JS mentions above (overrepresentation by libs, insane proposals) the MSM would have a field day.

            The fact that it’s never been done would make it so controversial as to be compared to the end of the world as we know it. The talking point would be that the GOP/right/whatever is pushing for a convention so they can set us back to the 1800s and take away everything you have. “They want to reinstate segregation, make gays and women 2nd class citizens”….etc etc etc.

            We have a mindset problem in our country. Kids and young people raised by teachers pushing a liberal agenda. A culture defined by how we FEEL about something rather than what makes sense. The founders didn’t have this problem.. We DO and we need a solution to that before we could ever take a serious look at a convention.

            A constitutional convention at this point in our history would be a PURE DISASTER. If you think Obama wants to destroy America, then imagine how big his smile would be when we inadvertently destroy it ourselves via convention.

            As someone said earlier, we have to get to work. The problem didn’t appear in one day and we can’t fix it in one day. Obama didn’t start this and I doubt he thinks he can finish it…although he’s cleared a much wider path than his predecessors have. We need to work on slowing this down, stopping it and turning it around.

          • JSobieski

            The equivalent of having paratroopers land in Berlin on D-Day instead of Normandy.

            We need the rights goals, the right strategy, AND the right tactics to prevail. A Con Con will create more problems then we would know what to do with.

  • trimulchio

    in statehouses that have not been asked since 1860-61 and in 1815, for good or ill.

    The hard question is, “Is there really any common ground left?”

  • billwalker

    The author doesn’t know his basic facts and it’s a shame. He makes one major misstatement and with that the rest of his article falters. He states an Article V Convention is unlikely because he doubts the states can muster the application necessary to cause it to happen.

    THAT FACT IS TOTALLY FALSE. The fact is the states have long since exceeded the 34 application necessary to cause a convention call. Only the fact Congress refuses to obey the Constitution is the reason there has not been one. The public record shows 49 states have submitted over 700 applications for a convention call. The applications can be read at www.foavc.org.

    The author needs to check his public record more carefully before saying a convention won’t happen. In fact, it can happen at any time. Any time that is, that the public brings pressure on Congress to demand to know why they haven’t obeyed the Constitution and called the convention.

    • Dave_A

      If you call one, then ALL the states send reps, and they get to re-write EVERYTHING.

      You would NOT recognize the monstrosity that emerged – it would look more like the EU constitution than our own…

      Just look at how hard it is to get them to stick to Constitutional principles in Congress…

      Now take the Sr Senator from each state, and turn them loose to write whatever they want as our ‘New Constitution’ – then all it takes is ratification, and we’re properly & legally SCREWED.

      NOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOO!!!!

      • Flagstaff

        Lots of checks on power, and the final requirement of 75% state approval means only reasonable measures would be proposed, or at least have any hope of being passed.

        The Goldwater Institute has accurate information on it.

  • http://www.hakubi.us/ Neil Stevens

    And what prevents a convention from producing a right to free college, a right to free medicine, a right to a “living wage,” a 35 hour work week…

  • luvnthebigsites

    Have you been reading Mona Charen Neil? Heh.
    Yea she has a point. Just because i said “doesn’t matter how many republicans get elected” doesn’t mean you have to scramble my thread Neil.

    Trust me, we are on the same team. :P

  • acat

    The Left have put in hard work for decades now to get here, while Conservatives have largely been content to make money and throw the bums out every so often. (Reagan, CwA …)

    No, a convention isn’t what’s needed. What’s needed is Conservatives doing the work…

    Mew

  • luvnthebigsites

    I dont think it can be repaired… But I’m listening.

  • acat

    Politicians sufficiently afraid of We The People that they behaved themselves …

    “Consent of the governed” is the key, not some bit of writing on paper.

    Elect conservatives. If they turn into gutless wimps in D.C., replace ‘em. Period.

    Mew

  • luvnthebigsites

    That “bit of writing on paper” you mentioned includes the constitution too. No? Consent of the governed is worthless if we must consult the tax code before we talk to our reps… Replacing them wont help.

  • 10ab

    A common sense approach to be sure with lasting benefits!
    I was at our club today…much talk about ACA. Strong arguments were made that resistance and outrage be tempered to put the focus back on Obama and the failed economy instead of healthcare. Yes these folks would probably be RINOS by this board’s definition but I will admit some good arguments were made.

  • http://www.hakubi.us/ Neil Stevens

    The Constitution doesn’t mention judicial review.

    It does mention direct election of the House and of the Senate. There’s also the matter of the Electoral College.

  • luvnthebigsites

    Thats why we have to amend the constitution to prevent this crap… HA!

    Sorry. /Salute

  • acat

    Job 2 – Conservatives send Romney, the glorified auto-pen, a *solid* bill.

    Job 3 – build more conservatives!

    I’ll take a single-legged conservative over a liberal any day of the week.

    Mew

  • ntrepid
  • ntrepid

    Of course, that should be

  • luvnthebigsites

    We should and will hold them to account, every vote, and every mistake.

    Article V is a stretch, Yes. but it is in our tool box. ;-)

  • acat

    Many otherwise Conservative voters seem to ignore that they can’t just keep voting for the same guy over and over …

    We’re like Dracula – we always need fresh blood.

    Mew

  • http://www.hakubi.us/ Neil Stevens

    They don’t bring in fresh blood.

    They just create a machine of musical chairs.

  • http://libertynews.com/ mbecker908

    in the nation. That’s worked real well out there.

  • acat

    “Yes, Minister”

    Art Chance had quite a few good suggestions for the newly elected on this point.

    Mew

  • luvnthebigsites

    Your getting very close to breaking the same rules you hold over us Neil…No?

  • http://www.hakubi.us/ Neil Stevens

    … clearly was working as intended by its Progressive framers.

  • http://www.hakubi.us/ Neil Stevens

    Term limits are a *commonly* suggested Constitutional amendment.

  • luvnthebigsites

    In my amendment diary?

    Dude?

  • Conservative_not_Republican

    Years of Arnold set the stage for Jerry Brown and Meg Whitman was no better. She was done in by a commercial where she was shown parroting exactly what Arnold said. Arnold did for the Republican brand what mayor Bloomberg is doing to it in New York. California is at about 2008. It is ready for a conservative resurgence if a Chris Christie or Scott Walker emerges and begins to battle the liberal establishment.

    Term limits are not the problem. The problem is a class of politicians afraid to articulate a conservative vision.

  • http://www.hakubi.us/ Neil Stevens

    You proposed a Constitutional Convention.

    I discussed something that would surely come up at a Constitutional Convention.

    There’s no threadjack.

    Complaints to the contact page.

  • http://www.hakubi.us/ Neil Stevens

    You yourself wrote “Please feel free to expand on the list.”

  • tnfriendofcoal101368

    It won’t be that simple. If you have a constitutional convention, it won’t be only the Conservatives showing up. You’ll have unions, left wing radicals, Paultards, retirees, etc. Things you might see as Common Sense; others will see as must have. So…say the unions want guaranteed every US citizen has to have be in a union, the Paultards want a Constitutional article banning US bases in any country except our own, retirees want social security and medicaid exempted from the balanced budget and left wing radicals want health care for all citizens to be paid for by a 50% tax on all earnings above 250,000.
    Left wing radicals bargain with retirees and tax is now 75% on all earnings above 250,000 and includes social security, medicaid and universal health care and they add a kicker that social security and universal health care can never be cut due to lack of funding. Still seeing they are not in the majority, left wing radicals and retirees cut a deal with the unions to support 100% union workers in exchange for unions backing taxing 75% and social security/health care guarantees. Still seeing they need just a little extra to get over the top, unions suggest bringing the Paultards into the coalition.

    The coalition, being in the majority, passes a constitution that
    1. guarantees national health care and social security
    2. A tax rate of 75% on all earnings over 250,000
    3. Every US working US citizen must join a union
    4. US military is prohibited from ever building bases on foreign soil

    6 months later, Al Queda has invaded and taken control of Saudi Arabia and US employment hits 50%.

    Won’t happen, something very much like this did happen in the original Constitutional Convention; it’s called the 3/5 Compromise. Why don’t we just keep the work done by men like James Madison, Alexander Hamilton, Ben Franklin and George Washington? We got get rid of ObamaTaxesTheCrapOutOfUs in November.

  • tnfriendofcoal101368

    I figure if I say this enough; people will understand if David Axelrod and Nancy Pelosi are both screaming “It’s NOT A TAX”. We should scream back “IT’S A TAX”.

  • http://teresainfortworth.wordpress.com/ Teresa in Fort Worth, TX

    Keep it below 150 words and non-controversial. Here’s my idea:

  • http://impudent.edublogs.org/ kyle8

    The government, all branches, and both parties have already chosen to ignore parts of the first amendment, the second, the forth, the fifth, and completely ignore the ninth and tenth amendments, they have also chosen to ignore articles dealing with property rights and several other provisions.

    There is no practical way in which we are actually governed by the constitution anymore. We are RULED by our betters.

    Yes, I know we can elect our slavemasters, but increasingly it makes no difference. The Republicans are only slightly better than the Democrats when it comes to increasing government size, centralization and power over the individual.

    I used to love this country, now I am ashamed of it. I am ashamed of the majority of my fellow citizens. Sitting in front of the TV, watching Jersey Shore and the Kardasians. And licking up any crumbs that politicians throw at them.

    I am afraid that nothing will improve now unless we have a mighty mighty crash and everything finally just falls apart. I don’t like wishing for doom. but that is the only way things can change, and even then no guarantee that things might not be worse.

  • trimulchio

    “Under the operation of that policy, that agitation has not only, not ceased, but has constantly augmented.

    In my opinion, it will not cease, until a crisis shall have been reached, and passed.

    ‘A house divided against itself cannot stand.’

    I believe this government cannot endure, permanently half slave and half free.

    I do not expect the Union to be dissolved — I do not expect the house to fall — but I do expect it will cease to be divided.

    It will become all one thing or all the other.”

    “Aaya una tormenta.” The Terminator