We Don’t Need an Article V Convention to ‘Clarify’ Our Constitution!

Constituitonal_Convention_1787_painting_fThose pushing for the so-called “convention of states” 1 say we must amend the Constitution because the people in Washington “don’t understand it”.

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Rubbish!

Our Constitution is so simple that Alexander Hamilton expected us to be “enlightened enough to distinguish between a legal exercise and an illegal usurpation of authority”; and he said the people are “the natural guardians of the Constitution” (Federalist No. 16, next to last para).

Well then, if our Constitution is something The People are expected to know and enforce; is it plausible to assert that the Representatives we send to Washington – and even supreme Court Justices – are incapable of understanding it?

Justices on the supreme Court have been perverting our Constitution for a long time.  Do they do this because they are so stupid they don’t understand our Constitution?  Of course not!  They violate our Constitution because they claim the right to impose their own personal views on the rest of us.

As every American over the age of 10 should know, the powers our federal Constitution delegates to Congress and the President are limited & defined – they are “enumerated”.

So!  Progressives on the supreme Court had to find a way to get around the limitations imposed by the enumerated powers.  And they did it by perverting three clauses: the “interstate commerce”, “general welfare”, and “necessary and proper” clauses.

However, a quick look in The Federalist Papers shows the original intents of these clauses.  We don’t need a convention to draft amendments showing what these clauses mean – just look it up in The Federalist!  But!  You don’t have to – I’ve already done it – and here it is: 2

The “interstate commerce” clause (Art. I, §8, cl. 3)

Webster’s 1828 Dictionary says “commerce” is the buying and selling of goods.

In Federalist No. 22 (4th para) and Federalist No. 42 (9th & 10th paras), Hamilton and Madison explain the primary purpose of the clause: To prohibit the States from imposing taxes & tolls on merchandize as it is transported through the States for purposes of buying and selling.

The “general welfare” clause (Preamble & Art. I, §8, cl. 1)

Webster’s 1828 Dictionary defines “welfare” as:

“2. Exemption from any unusual evil or calamity; the enjoyment of peace and prosperity, or the ordinary blessings of society and civil government; applied to states.”

It has nothing to do with handouts, public relief, or the feds doing whatever they think is a good idea.

In Federalist No. 41 (last 4 paras), Madison points out that Art. I, § 8, employs “general terms” which are “immediately” followed by the “enumeration of particular powers” which “explain and qualify”, by a “recital of particulars”, the “general phrase”.  It is “error” to focus on “general expressions” and disregard “the specifications which ascertain and limit their import”; thus, to argue that the general expression provides an unlimited power is “an absurdity”.

So yes! The powers of Congress over the Country at Large really are limited primarily to those few listed at Art. I, §8, clauses 3-16.

Our Framers understood that “general Welfare”, i.e., the enjoyment of peace and prosperity, and the enjoyment of the ordinary blessings of society and civil government, was possible only with a federal government of strictly limited powers.  [Let that sink in.]

The “necessary and proper” clause (Art. I, §8, last clause)

This clause delegates to Congress power to pass all laws necessary and proper to execute its declared powers (Federalist No. 29, 4th para); “the constitutional operation of the intended government would be precisely the same if [this clause] were entirely obliterated as if [it] were repeated in every article”; a power to do something must be a power to pass all laws necessary and proper for the execution of that power, and thus the clause is “perfectly harmless”, a  tautology or redundancy” (Federalist No. 33, 2nd & 3rd paras).  Madison writes to the same effect in (Federalist No. 44, under his discussion of the SIXTH class of powers).

So the clause permits the execution of powers already delegated and enumerated in the Constitution.  No additional substantive powers are granted by the clause.

Learn the enumerated powers delegated to Congress & to the President.  With our Votes & Nullification of unconstitutional acts, let’s enforce the Constitution we already have.  Don’t let others change or replace it! PH

Endnotes:

1 The term, “convention of states”, is deliberately deceptive.  The only convention for proposing amendments is the one at Article V of our Constitution – and Congress has the power to “call” it.  And since Article I, Sec. 8, last clause, vests in Congress all powers “necessary and proper” to carry out its power to “call” the convention, Congress decides all organizational issues, such as, the number and selection process for delegates.

But once the delegates (whoever they turn out to be) are seated, neither Congress nor the States have any control over them.  The delegates can do whatever they want. They can propose a new Constitution with a new method of ratification.  Here are two Constitutions already waiting in the wings:  The “Constitution for the New Socialist Republic in North America”, which you can read about from their own website HERE and from JBS HERE; or the “Constitution for the Newstates of America”, which you can read HERE.  Do you think that any of the delegates (remember, you have no idea who they will be), can be bribed to introduce and vote for one of these proposed constitutions?

Disabuse yourself of the false notion that “the States have to ratify anything the convention does”.  That is the second biggest lie ever told:  The proposed “Constitution for the Newstates of America” is ratified by a Referendum called by the President.  The States, as political bodies, never get the opportunity to reject it – they are dissolved and replaced by regions answerable directly to the new national government.

The ONLY precedent we have for an “amendments convention” is the federal convention of 1787 which drafted & proposed our existing Constitution.

HERE is the Resolution, made by the Continental Congress on February 21, 1787 (p 71-74), to call a convention to be held at Philadelphia:

 “…for the sole and express purpose of revising the Articles of Confederation”.

The delegates ignored their instructions and wrote an entirely new Constitution – the one we now have.  Furthermore, whereas Article XIII of the Articles of Confederation (LINK) required all of the then 13 States to ratify Amendments to the Articles; Article VII of the new Constitution required only 9 of the 13 States to ratify the new Constitution.

Do you see?

2 Our People don’t have a clue about what these 3 clauses mean.  So YOU learn the original intent.  On social media, start teaching that original intent to The People. Help turn on the lights in their minds. PH


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Publius Huldah is a retired litigation attorney who now lives in Tennessee. Before getting a law degree, she got a degree in philosophy where she specialized in political philosophy and epistemology (theories of knowledge). She now writes extensively on the U.S. Constitution, using the Federalist Papers to prove its original meaning and intent. She shows how federal judges and politicians have ignored Our Constitution and replaced it with their personal opinions and beliefs. She also shows how The People can, by learning our Founding Principles themselves, restore our Constitutional Republic.
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  • retiredday

    I too applaud the rational clarity of this article. The problem is that at least half of the population is so into their own little worlds, they don’t pay any attention to what the government does and they don’t care enough to even learn who their elected officials are. There was a time when a great leader could overcome that. But the kind of endemic apathy that is rampant today gives the lunatic fringe greater influence respectively, as they step in to fill the vacuum created by a lack of critical thought and common sense.

    Hosea 4:6 says, “My people are destroyed for lack of knowledge”. And since it would seem our vast majority eschews knowledge, this ship of fools appears doomed to sink. “How long, O simple ones, will you love being simple? How long will scoffers delight in their scoffing and fools hate knowledge?” — Proverbs 1:22

    • http://publiushuldah.wordpress.com/ Publius Huldah

      Thank you, that really resonates. And those verses are so apt.