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1 This is a draft and has not been proofed read. “When in the Course of human events, it becomes necessary for one people to “modify” the political bands.

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Presentation on theme: "1 This is a draft and has not been proofed read. “When in the Course of human events, it becomes necessary for one people to “modify” the political bands."— Presentation transcript:

1 1 This is a draft and has not been proofed read

2 “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 that explains the source of the authority to become independent was Nature and God. INTRODUCTION 2

3 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. INTRODUCTION 3 The intent of this presentation is to explain: How “Purposed Amendments” are created. How “Proposed Amendments” are ratified. Recommended “Purposed Amendment” for Amendment 28. Recommended “Purposed Amendment” for Amendment 29..

4 From time to time is becomes necessary to revise the Constitution to keep up with new technology, to revise for unintended interpretation of the Constitution by the Courts, one or more of the three branches of the government infringed on the rights of the people or the rights and power of the states or when the government forgets they were elected by the people for the good of the people. From second paragraph of the Decoration 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”. PURPOSE 4

5 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, ___ ? 5 STATE INTERVENTION

6 1.The unprecedented abuse of power by President Obama. 2. The federal government has invaded the legitimate roles of the states through the manipulative process of federal mandates, most of which are unfunded to a great extent. 3.The federal government has ceased to live under a proper interpretation of the Constitution of the United States, 4.Both Republican and Democratic Presidents and Congress have abused Constitutional Amendment X over the years. 5.The President bowed and kissed the ring of the King of Saudi Arabia, but the President did not invite Israel's Prime Minister to a state dinner when he was in Washington DC. 1.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 6 STATE INTERVENTION

7 7 6.Danger from ISIS 7.The President will not acknowledge there are Radical Islamic Terrorist. 8.The President lifted all the sanctions on Iran and gave 1.5 Billion dollars. 9.The President plans to make sure Iran has Nuclear weapons before he leaves office. Iran an enemy of the USA and wants to destroy us. 10.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. 11.The President has a problem with the truth.

8 8 STATE INTERVENTION 12.The federal government gives people that are in our country illegally more rights than it’s citizens, illegal immigrants can murder a US Citizen and be turned loose while waiting for a hearing he had an with no bail knowing that person will not show up at the hearing and not be prosecuted for the murder. 13.Congress is still deadlocked because Senate Democrats blocking Republican efforts fix problems. 14.Our allies don’t trust us and our enemies don’t respect us.

9 9 STATE INTERVENTION The Supreme Court has changed the first part of the First Amendment from “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof” to Congress passed a law that forces Religious establishments to violate their religious believes and restricts where you can exercise your religion. These Supreme Court decisions on Religion are usually referred to as “The establishment clause”.changed The Constitution is written is plain English as used in 1787 when the Constitution was ratified, they also could know what the issues would be in 100+ years in the future, at that time lived by Judeo-Christian morals and values. For example if they any idea that would ever come up they would have

10 1.The States from having a Convention to write a Proposed Constitutional Amendment. 2.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. There is nothing in the Constitution or a law that prevents: 3.State Legislature from voting on a Proposed Amendment to make a Proposed Amendment part of this Constitution. 10 STATE INTERVENTION

11 4.There is 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. 5.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 agree on the text of a proposed amendment to present to the state legislatures to vote on. 11 STATE INTERVENTION

12 , 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 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 a new Government, It depends on the definition of 1 word and 2 words absent Is there a conflict? 12 STATE INTERVENTION

13 AMENDMENT PROCESS 1."The C ongress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, 2.on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments,”Application 13 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,” Article V of the Constitution of the United States of America gives us three ways to make an Amendment to the Constitution.

14 AMENDMENT PROCESS 3."by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress;” This is commonly referred to as Article V Constitutional Convention and State Legislatures think this is the only they can amend the Constitution. This method gives Congress more control over the process than the other 2 methods. 14 Article V’s third way 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. Congress has ignored them and the Supreme Court ruled that Congress had the right to ignore them

15 AMENDMENT PROCESS Article V does not contain any procedure or sponsor for State Legislatures to call a Convention for Proposing Amendments, the first new amendment would be difficult because there is no starting point and a roomful of politicians trying to define a starting point is not a good idea to start drafting an for a balanced budget amendment first, the first proposed amendment should be a bipartisan amendment that rewrites Article V in the 28 th Amendment to the Constitution of the United States of American. The Convention of States organization is currently sponsoring a Constitutional Convention taking advantage of today's technology to communicate while drafting a proposed amendment to send to all State Legislatures to debate, when at least 38 State Legislatures agree on the exact text and enough votes to pass it they can ratify it. 15

16 AMENDMENT PROCESS From here there are 3 ways to finish the process: Have the State Legislatures send all the necessary documents to the Director of Archives to complete the process to verify the documents and once the verify the 38 th set of documents I suggest Convention of States organization give the first Proposed Amendment to the states. This gives them the opportunity to debate, make changes needed get it ratified. This proposed amendment will define the process state legislatures will for future amendments. This is a bipartisan Amendment and will also help the State Legislatures learn how to work together. 16

17 When two thirds of both houses of Congress vote for a Proposed Constitutional Amendment it goes to Director of the Federal Register to coordinate it’s ratification by the State Legislatures. When asked if the same procedure would used for a Proposed Constitutional Amendment from the State Legislatures they said there was no procedure because it has not happened before and, understandably, would not comment on it. In my opinion the procedure to process Planed Constitutional Amendment is up to the State Legislatures.Federal Register 17 STATE INTERVENTION

18 The first Proposed Amendment will be the most difficult because this process has not been used before and the content is bipartisan because, when it is ratified it will define the roles of Congress and the State Legislatures are in the Constitutional Amendment process, it will also and allows the State Legislatures to negotiate Proposed Amendments and when there are 38 State Legislatures are ready to ratify the Proposed Amendment 18 STATE INTERVENTION

19 The Constitution was ratified in 1787 when traveling and communication were very slow and it did not want to call for a convention unless there was a chance for that Proposed Amendment to be ratified, those obstacles are no longer there and todays communication technology allows us to have meetings and conventions without leaving your home or office. There is no need to waste time having a convention, we just need a system to keep up with suggestions for the Proposed Constitutional Amendments and allows the State Legislatures to negotiate Proposed Amendments and when there are 38 State Legislatures are ready to ratify the Proposed Amendment. 19 STATE INTERVENTION

20 Proposed Constitution Amendment 28 ---------------BEGIN--------------- Section 1. The purpose of this amendment is to repeal in Article V of the Constitution and replace and replace it with this amendment to clarify the roles of Congress and State Legislatures. From time to time one or more of three branches of the government exceed the power given to the by the Constitution, or, if the government is not able to solve a problem that divides the people, or, when the President or Congress forget they were elected by the people to represent them,or, any other reason three quarters of the State Legislatures deem necessary for the State Legislatures to use their power to make an Amendment to the Constitution. Where the Proposed Constitutional Amendments come from is not a danger as long it takes three quarters of the State Legislatures to ratify it. Constitutional Amendment Content 20

21 Proposed Constitution Amendment 28 Section 2. The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution. State Legislatures will make its rules or procedure 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. When two thirds of the State Legislatures request a vote on a Proposed Amendment it is send to the Federal Register to coordinate the ratification process using the same process it uses when the Proposed Amendment is sent them from Congress. The request for a vote is a document signed by the Speaker of the House and the LT Governor that they have the votes to ratify the Proposed Amendment attached to the document. If the State Legislatures may choose not to use the Federal Register and make another processFederal Register Constitutional Amendment Content 21

22 Proposed Constitution Amendment 28 Regardless of how the Proposed Amendment was created it requires three quarters of the State Legislatures to ratify it. When two thirds of the State Legislatures have requested a vote on a Proposed Amendment, if their Legislature in not al ready in session the Governor of that state must call a special session of their Legislature for a vote on an Amendment. The Executive Branch, the Federal and State Courts are not part of this procedure is may not interfere with this process, unless requested by the leadership in both houses of the Legislature of that state. Section 4. This amendment is not intended to replace Congress. ---------------END-------------- Constitutional Amendment Content 22

23 Constitutional Amendment Content 23 ---------------BEGIN--------------- The Purpose of this amendment is to protect the Constitution that was created by the 320 million people represented by their State Legislatures and changed by only nine people on the Supreme Court that have appointed to the Court for life and have made decisions that the vast majority of the people are against and did not realize that the people represented by their State Legislatures can override the Supreme Court. This amendment requires including what this amendment is intended to do and what it is not intended to do. Proposed Constitution Amendment 29

24 Constitutional Amendment Content Regardless of the source of the proposed amendments, each amendment should consist of four parts 1.State the purpose and Intent of the amendment 2.The content of the amendment 3.State the intended results 4.The issue(s) and/or problem(s) that this amendment is not intended to address, if known. 24 Proposed Constitution Amendment 29

25 Constitutional Amendment Content The intended results should reduce the number if lawsuits that requires a court ruling on a Constitutional issue. Make it easier for the average voter to understand a Constitutional Amendment. Make more difficult for Judicial branch change the meaning of an amendment and stop Judges from infringing on Congress responsibility to make laws. Let all the federal, state and local governments that the Supreme Court does not have the last say on an issue, they now have oversite and accountability for their decisions Proposed Constitution Amendment 29

26 Constitutional Amendment Content Proposed Constitution Amendment 29 To 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 not a Supreme Court or Lower Court decision. ---------------END--------------- 26

27 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. 27

28 Comments I think the State Legislatures can comprise on issues that Congress has not been able to solve for years on issues like gun control, abortion, medical care, entitlements and other issues that have been talked about for many years. I think most people would agree that the advancements in technology in the 20 th century and 21 st century has been fueled by competition, we compete for jobs, spouses, sports and other things. Business competes for the best employees, the best product of service they offer, a larger portion of the market they sell to and other things. Our K-12 Education is an example of no competition, we are number one in cost and number 30 in the quality of education. Trial programs in using vouchers that allows student and their parents which school they attend got a better education, the cost was 25% to 30% less than public schools, why? No Competition. 28

29 Comments The States are competing for business to move to their state which we can see today as companies move to states that have lower taxes, fewer unnecessary regulations and a lower cost of living. What happens when you can no longer compete with the competitors in other countries? They move their manufacturing to another country because the taxes are too high on business and the cost of unnecessary regulations that have to added to the cost of their products and services which the consumers have to pay more for there products and services and these small businesses and large corporations. 29

30 Comments There are only three major ways that bring money to our country, they are: Agriculture that includes both farms and ranches that produce meat that can satisfy us and export more than we import. Mining that includes oil, natural gas and coal that produce satisfy our needs and export more than we import. Manufacturing creates the most good paying jobs and is absolutely needed to export more than we import. 30

31 Comments We must get manufacturing back into our country to create jobs that create demand from small and large businesses to support the people in manufacturing, agriculture and mining including oil and natural gas production 31


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