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Myth Busting: Don't Legal Dictionaries call it a Constitutional Convention?

Myth

An Article V convention can do whatever it wants because it  **is**  a Constitutional Convention.  Black's Law Dictionary says so.

 

Fact

Black’s Law Dictionary does indeed say that an Article V convention is a constitutional convention.  But contrary to what you might think, legal dictionaries and encylopedias are not definitive legal sources and no competent attorney treats them as such.

...law dictionaries are kind of a place to start only when you research, not to finish, ...that law dictionary definitions are often not authoritative in fact...

source: beginning at 33:08

 


The library of Georgetown Law Center even had this posted on their website at one time:

There are two primary uses for legal encyclopedias.

First, the articles can be quite useful as a general introduction to an area of law which is new to you. They provide more in-depth information than a legal dictionary, while being nearly as accessible and easy to use.

Second, encyclopedias are a way to find citations to cases and other useful materials on a particular issue. These two uses make the encyclopedias a very good place to begin major research, whether for an academic paper or a legal memorandum. However, the legal encyclopedias are not intended to be used as authoritative sources on the law in any area, and thus are not cited in briefs, memoranda, or scholarly papers.

source:
https://articlevinfocenter.com/when-they-start-throwing-blacks-law-dictionary-at-you-duck/

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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
Convention of states action

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