Guide to Model Language for Commissioner Selection Resolution*

* This is a guide to the model language only. Once adapted by a state legislature the content could vary.

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The Model Language is comprised of 13 sections.

Section 1: Specifies that the resolution applies to an Article V convention for proposing amendments.
Section 2: Definitions of Terms.
Section 3: Qualifications to be a Commissioner.
- - - Must be US Citizen & at least 25 years old.
    - Must be a Resident of the State & registered to vote in the State.
    - Must not be a federal lobbyist, a federal employee, or a federal contractor.
    - Must not have held a federal office or received felony convictions within the last 10 years.
    - See Model Language for details and exhaustive list.
Section 4: Commissioner Selection and Removal process.
- - - Appointed by the Legislature. (A)
    - There should always be an odd number of Commissioners. (B)
    - Commissioners can be recalled at any time for any reason by the legislature. (C)
    - Commissioners can be recalled/suspended by the Advisory Committee for exceeding the scope of their authority. (D)
    - See Model Language for details
Section 5: Components of the Commission that limit the Commissioners' authority.
- - - Commissioners must support traditional convention rules & that each state has one vote. (A1)
    - Commissioners can not vote to alter the text of: the original Constitution, the Bill of Rights, or Amendments 13, 14, 15, 19, 23, 24, and 26. (A2)
    - Commissioners will be limited to the subject matter of the 34 state applications that triggered the convention (B1)
    - Commissioners will be limited by any other instructions issued by the state legislature. (B2)
    - The state legislature can issue additional instructions to Commissioners at any time (C)
    - See Model Language for details.
Section 6: The Commissioner's Oath of office and filing instructions.
Section 7: What the Commissioner's credentials will be and how they will be issued.
Section 8: Filling Vacancies.
- - - Interim Commissioner(s) will be selected by the Advisory Committee.
    - Permanent Replacement(s) appointed by the State Legislature.
Section 9: Compensation and Expenses of Commissioners.
- - - Commissioners receive the same pay as State Representatives. (A)
    - Commissioners receive same compensation for expenses as State Representative. (B)
Section 10: Specifies the gifts Commissioners can and can not accept.
Section 11: Rules for Commissioners regarding behavior & decision making.
Section 12: How the Advisory Committee is selected and functions.
Section 13: Procedure to be followed in the event that a Commissioner exceeds their authority.

<--- Back to Commissioner Selection Resolution & Criminal Penalty Bill

Physicians for COS

The diagnosis is clear.

We have a growing cancer today known as the Obamacare.

As a result physicians are no longer free to practice medicine.

No profession feels the full force of the federal government more than physicians. The medical profession is the most highly regulated profession in the United States. The practice of medicine is controlled, taxed, and regulated to the point of being destroyed by the heavy hand of the federal government.

Physicians are told how to bill, how much to charge, and how to treat patients. They are mandated to use expensive electronic medical records. The federally enacted HIPPA (Health Information Privacy and Portability Act) makes the communication between physicians and atients burdensome, inefficient,and expensive. Every physician is required by federal mandate to register with the government to obtain an NPI (national provider identifier.) We are required by federal law to obtain and pay for a license to prescribe medication through the DEA, which is separate from our state licensure.

This heavy hand of government not only oversees the largest federal health bureaucracy ever created, but by extension reaches into every state, every city, and every small town to regulate how every licensed physician practices the art of medicine and how citizens obtain care.

The treatment is also clear.

The prescription for a cure was written into our constitution by our founders. Article V of our constitution allows for the states to call for a convention of states to limit the power and jurisdiction of the federal government through the proposal of constitutional amendments. Physicians should be the strongest supporters of this brilliantly-crafted states’ rights tool placed into our constitution by our founders.

I urge my fellow American physicians to join with me in supporting an Article V Convention of States to take back control of the practice of medicine. It’s the only way that we can return the practice of medicine back to the intimate relationship between a doctor and patient without interference by the heavy hand of a distant, national government.

Jeffrey I. Barke, M.D.

Family Physician Newport Beach, CA

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Physicians for COS

The diagnosis is clear.

The treatment is also clear.