Presentation on theme: "A Virtual Constitutional Convention"— Presentation transcript:
1A Virtual Constitutional Convention Using Todays Commination TechnologyThenRatify a Constitutional AmendmentBy TheState Legislatures
2Preface“When in the Course of human events, it becomes necessary for one people to” modify “the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the” modification. That was the first paragraph of the Declaration of Independence with words dissolve replaced by modify and separation replaced by modification.
3PrefaceThe Government the States created with the Constitution has become dysfunctional and is unable for execute its Constitutional duty to protect certain unalienable, rights, that among these are Life, Liberty, and the Pursuit of Happiness.Our Founding Fathers wrote the original Constitution that dealt primarily with the structure, requirements and duties it three branches of government, how to change it with the amendments and not the rights of the people and states. They left the rights of the people and states to the amendment process divided into 12 amendments of which two proposed amendments were rejected leaving 10 amendments we call the “Bill of Rights”; they did this to allow each proposed amendment to be passed or rejected on its own merit.
4PrefaceThis presentation only addresses processes and requirements for the states to make a proposed Amendment and the structure for all new amendments; we list some of the primary reasons we need to clarify Article V and add structure to the amendment itself and leave it to the states deal with the issues as they deem necessary.It is time for the people, represented by their State Legislatures, to intervene and make the changes to our Constitution they deem necessary to secure the future of our great nation for future generations of Americans.
5The Purpose of this Presentation PrefaceThe Purpose of this PresentationGive you a few examples of why the 50 State Legislatures should their power given them in Article V of the Constitution to propose and Ratify Amendments.Explain where the State Legislatures get their power from.Explain the process applied by the States from beginning to having enough State Legislatures vote to pass (38) or to reject it (13).Provide the example of the text of the first 2 new amendments and the reason that text was used.What happens if the new amendment is challenged by Federal Government.
6The Need For State Intervention The economy of the United Sates of America is in danger of collapsing.We are not controlling our borders which allows drugs, terrorist, illegal guns or people entering our country illegally and all this a threat to our National Security.The War on Terror and Iran about to have nuclear weapons.Instability in the Middle East and Israel's SafetyBoth Republican and Democratic Presidents and Congress have abused Constitutional Amendment X over the years.
7The Need For State Intervention Obama Care is going cause many small businesses to close or cut employee’s hours to 28 or layoff employees until they only have 49 employees.Obamacare Insurance (from the exchanges) Healthcare providers will be paid less. Healthcare providers are just like any other businesses, they have to have enough income to stay in business; healthcare providers have a lot of money invested in equipment and doctors have spent many years of getting to the point to have a practice. They also have a lot od money invested in education, the low pay and many hours getting the training the need. There will be fewer people going into the medical
8The Need For State Intervention I think members of the I feel there are several reasons the members of the State Legislatures don’t want to lead this process:They are afraid of how they will be portrayed by the Democratic Party and the media.The Congressional Democrats and the media might in the beginning, but when the understand what is really happening, “We The People” do have the final say about the future of our country.They don’t want to be responsible for an unpopular amendment will be passed like what happens in Congress.It takes 38 State Legislatures to pass a Constitutional Amendment, no one person or state is responsible.
9The Need For State Intervention It’s never been done before and there are no rules for how to do it.There is a first time for everything.They do not think the Republican and Democratic controlled legislatures can work together to come up with a proposed amendment.There has never been a better time for all the states to come together, I think everyone can see how fast our country is headed down hill and understand there are changes that need to be made and politics must be left out of this process.
10State Legislatures Gets Their Power From Governments are instituted among Men, deriving their just powers from the consent of the governed. In this case the governed of each State consented to the power State Government the Constitution and State Legislatures; included the power to represent them in Constitutional Amendment process.The States Created the Federal Government when they Ratified the Constitution September 17, 1787 and in Article V they reserved the power of the States to change or abolish the government they just created.Constitutional Amendment X further define the power of the people and the States.
11State Legislatures Gets Their Power From The Declaration of Independence, defines the freedom, power and role of the people in the new government our Founding Fathers intended to create.Article V tells us how the states and the people can protect their rights.Constitutional Amendment x shows the restrictions our Founding Fathers intended to place on the power of the new government.
12State Legislatures Gets Their Power From Second Paragraph Declaration of Independence “We hold these Truths to be self-evident, that all Men are created equal, that they are endowed, by their creator, with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness.— That to secure these Rights. Governments are instituted among Men, deriving their just Powers from the Consent of the Governed, that whenever any Form of Government becomes destructive of these Ends, it is the Right of the People to alter or to abolish it, and to institute new Government, ___ ?
13State Legislatures Gets Their Power From Article VArticle V of the Constitution tells us how the states and the people can make Constitutional Amendments."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,”
14State Legislatures Gets Their Power From There nothing in the Constitution or a law that prevents:The States from having a Convention to write a Proposed Constitutional Amendment?Legislators in both houses of their State Legislature to introduces a Proposed Amendment to their State Legislatures to vote on making a Proposed Amendment part of this Constitution?State Legislature from voting on a Proposed Amendment to make a Proposed Amendment part of this Constitution?
15State Legislatures Gets Their Power From There nothing in the Constitution that prevents the Amendment to be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States?Article V of the Constitution is where the amendment process is defined, however the definition of what a Constitutional Convention is or say that a Constitutional Convention is required to arrive at the text of a proposed amendment to present to the state legislatures to vote on.
16State Legislatures Gets Their Power From Applicationto Congressof the Legislatures of twothirds of the several States "to Congress" wereintentionally left out and there are several definitions of “Application"
17State Legislatures Gets Their Power From That to secure these Rights. Governments are instituted among Men, deriving their just Powers from the Consent of the Governed, that whenever any Form of Government becomes destructive of these Ends, it is the Right of the People to alter or to abolish it, and to institute new Government,, 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 StatesIs there a conflict?It depends on the definition of 1 word and 2 words absent
18State Legislatures Gets Their Power From The important part of the process is requiring ¾ of the State Legislatures ratify the proposed amendment. This allows the States a forum to request change while keeping it very difficult to make that change.Quit Wasting Your Time!There have been over 400 times that all the 50 states (sometimes 34+ at the same time) thing filed applications to Congress for a Constitutional Convention, only 2/3 of the 50 states are required for a (34) Constitutional Convention, Congress has ignored them and the Supreme Court ruled that Congress had the right to ignore them.
19Constitutional Amendment Process by States The process described in this group of slides is an example of creating a Constitutional Amendment by the States Legislatures using the power reserved for them in Article V of the Constitution of the United States of America to alter or to abolish the government created by the same Constitution. To prevent the abuse of the power of the people to alter or to abolish the government Article V states that it takes three fourths of the State Legislatures to vote to make and Amendment to the Constitution and the law of the land.
20Constitutional Amendment Process by States The need for a process for an amendment to the Constitution of the United States of America is not a Democratic, Republican, Tea Party or any poltical
21Constitutional Amendment Process by States There are two steps in the process:Create the text for a proposed amendment(s) to be presented to the legislatures of all of the states requesting the legislatures to ratify or reject the proposed amendment(s).Both houses of the states legislatures will vote to ratify or reject the proposed amendment(s).
22Constitutional Amendment Process by States There is nothing in the Constitution that defines a “Constitutional Convention”; In 1787 the only practical way for the states to discuss a Constitutional Amendment was to get together in one place. Today we have the technology for discussions online or conference calls, the only requirement is to to agree in text that 38 state legislatures to radify.
23Constitutional Amendment Process by States One State Legislature starts the processSomeone in the House and Senate introduce a Joint Resolution to petition the other 49 State LegislaturesThe Joint Resolution must be passed by both Houses of the State Legislature.The petition must be sent to the other 49 State LegislaturesThe Legislature or their representative will coordinate the flow of information between all the State LegislaturesState Legislatures status could be yes, no or no response.
24Constitutional Amendment Content The first two proposed amendments must me politically neutral and restricted to clarifying the process and defining the structure of new amendments. We will have to do our best explaining to the people that the first 2 amendments. Proposed Amendment 1 will not technically change anything, it just allows the states to setup a process to create Proposed Constitutional Amendments, it will still take three fourths (38) of the State Legislatures to ratify it. Proposed Amendment 2 will add requirements for the structure and additional content to it.
25Constitutional Amendment Content Proposed Constitution Amendment BEGIN The sole purpose is clarifying the process defined in Article V of the Constitution for State Legislatures use to draft Proposed Amendments to the Constitution of the United States of America without involvement the government empowered by the people September 17, 1787 and to keep Congress out of the ratification process.
26Constitutional Amendment Content Proposed Constitution Amendment 1 The intent of this amendment is to made it easy for State Legislatures Create a Proposed Constitutional Amendment using today’s technology, allowing Congress to submit two roles in the Proposed Amendment process and removing Congress from the ratification process The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution to submit to all State Legislatures ratify without modification, or,
27Constitutional Amendment Content Proposed Constitution Amendment 1 Any one State Legislature, shall deem it necessary shall draft “Proposed Constitutional Amendments” to submit to all State Legislatures for debate; the debate shall remain open until two thirds of the State Legislatures think they can get the votes and agree to submit the Proposed Amendment for a vote by both Houses or decide to wait until there all three fourths of the State Legislature, or,
28Constitutional Amendment Content Proposed Constitution Amendment 1The State Legislatures may change the process used to create a Proposed Amendment to be voted on by the State Legislatures.The process defined in this amendment is not intended to be fourth branch of government and should be used sparingly.Regardless of how the Proposed Amendment is arrived at, it requires that three fourths of the State Legislatures to vote to ratify the Amendment to make it the law of the land.END
29Constitutional Amendment Content Proposed Constitution Amendment 2BEGINThe Purpose of this amendment is to protect the Constitution from Judicial Activism and make it easier for Congress to make sure legislation is Constitutional by narrowing the room for interpretation of the Constitutional Amendment.Regardless of the source of the proposed amendments, each amendment will consist of four Parts
30Constitutional Amendment Content Proposed Constitution Amendment 2Regardless of the source of the proposed amendments, each amendment will consist of four PartsState the purpose and Intent of the amendmentThe content of the amendmentState the intended resultsThe issue(s) and/or problem(s) that this amendment is not intended to address if known.
31Constitutional Amendment Content Proposed Constitution Amendment 2The intended results should reduce the number if lawsuits that requires a court ruling no a Constitutional issue; make it easier for the average voter to understand Judicial branch rulings on Constitutional lawsuits by reading the amendment without reading court opinions that most people don’t understand and the more citizens understand the Constitution the more they respect it.
32Constitutional Amendment Content Proposed Constitution Amendment 2To help stop words such as “modernize’, “adapt”, “improve”, refresh”, “update” and others used to justify a view or court decision of the Constitution are all indicate “change” and the only way to change the Constitution is by an amendment, a Supreme Court or Lower Court decision.END
33Constitutional Amendment Comments In the second paragraph of the Declaration of Independence Thomas Jefferson wrote about the rights endowed on us by the Creator and the power the people have to alter or abolish the government which is reflected the Article v of the Constitution and, in the third paragraph he began writing about the care we should be about exercising that right beginning with; “Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed.
34Constitutional Amendment Comments But when a long train of abuses and usurpations, pursuing invariably the same object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.” This is reflected the Article v of the Constitution requiring three fourths of the State Legislatures to vote to make a Proposed Amendment to make it law.