The opposition knows we are having an impact on the legislators and are ramping up the noise level.
We are on the right side of the Article V debate, but as you will see the John Birch Society is working hard to undermine and spread fear. In that light I must tell you of an email some of you may have received from that organization. We must not let their arguments stand.
My response is below.
Response to an email entitled,
“Very Important Video Message for Conservative Alabama Legislators!!!!!”
From Chris Stevens @ jbs.org
The video is from three Oklahoma legislators encouraging Texas legislators to “vote down the Article V process.”
These legislators are speaking to all the Article V proposals at the same time so I will simply address all their issues.
OK Representative Mike Ritze
Statement: “The essence of why we defeated the Article V convention bills this year is that this would be a runaway convention- there is not a way to package this where it can be controlled…”
Answer and Reference:
The Other Way to Amend the Constitution: The Article V Constitutional Convention Amendment Process By James Kenneth Rogers Published in the Harvard Journal of Law & Public Policy, the URL is http://www.harvard-jlpp.com/vols-30-34/#303
Page 1011
“The text and history of Article V indicate that Congressʹs role in calling a convention is merely ministerial. The original purpose of Article V was to give States the power to circumvent a recalcitrant or corrupt Congress. It thus makes little sense for it to give Congress broad power to control a convention. In light of the text of Article V and its purpose to empower States, States should have the power to limit the scope of a convention and to limit their applicationsʹ validity to only a certain topic. The original purpose of Article V also indicates that States’ applications should be grouped and counted by subject‐matter."
Statement: “We don‘t have the integrity that out founders had.”
Answer and Reference: This is piffle. Matthew 19:17
OK State Senator Nathan Dahm
Statement: “Congress is not following the Constitution now so how by amending it will they follow it then?”
Answer and Reference: Congress is following the Constitution – as interpreted by the Courts. If we change the Constitution the interpretation will also change and correct this erroneous tyrannical statement from the Court’s own website.
“…this power of "judicial review" has given the Court a crucial responsibility in assuring individual rights, as well as in maintaining a "living Constitution" whose broad provisions are continually applied to complicated new situations.”
Statement: Senator Dahm also mentioned Runaway convention – see above
Statement: “Balanced Budget Amendment is not enough” – Totally agree, which is why the Convention of States Project template application addresses three subjects.
OK State Representative David Brumbaugh
Statement: Called the Article V process a Constitutional Convention.
Answer and Reference: “ …shall call a convention for proposing amendments,…” Article V of the United States Constitution.
Statement: Concerned with equal representation of states.
Answer and Reference: From the reference link below you will see a recorded vote that was required “…On the question to postpone for the purpose above mentioned the yeas and nays being required by the delegates for New York….” The page shows how the tally was made; each state has one vote with the majority of that states’ delegates determining the yea or nay. A tie in the delegates for a state was not counted at all. The historical record is clear; all Conventions are one state, one vote.
Statement: Rep Brumbaugh also mentioned "not following the Constitution now and look at the Executive Orders and overspending" – see above.
Statement: Cannot do this in private – will runaway -- Media will control – mentioned Chief Justice Burger’s opinion on Article V.
Answer and Reference: The privacy issue is moot; the hall can be closed to demonstrators but still videoed as it should be in today’s world. Will runaway – see above. Media will control – this is a valid fear but still not a reason to do nothing. The Founders took on the Super Power of their day; at least 30% of them did, the rest did nothing or worked against the Founders. – Chief Justice Warren, there is an argument he did not do any original Article V research and was actually worried his signature decision Roe v. Wade might be reversed by an Article V Convention.
Thanks to you, our numbers continue to grow. We have four weeks left and three hurdles left -- the one we are working on now is the Senate Rules Committee.
The Senate Rules Committee should still be your focus to contact – I have removed the members that are supporting us so concentrate on these:
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Paul Bussman (R-4) |
Rusty Glover (R-34) |
Paul L. Sanford (R-7) |
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District: (256) 734-1700 |
District: none |
District: (256) 539-5441 |
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Office: (334) 242-7855 |
Office: (334) 242-7886 |
Office: (334) 242-7867 |
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William Beasley (D-28) |
Bill Hightower (R-35) |
Rodger Smitherman (D-18) |
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District: (334) 775-7657 |
District: (251) 208-5480 |
District: (205) 322-0012 |
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Office: (334) 775-3291 |
Office: (334) 242-7882 |
Office: (334) 242-7870 |
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Gerald Dial (R-13) |
Jimmy Holley (R-31) |
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District: (256) 239-9939 |
District: none |
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Office: (334) 242-7874 |
Office: (334) 242-7845 |
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Vivian Figures (D-33) |
Jim McClendon (R-11) |
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District: (251) 208-5480 |
District: none |
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Office: (334) 242-7871 |
Office: (334) 242-7898 |
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Terry Richmond
Legislative Liaison
Legislative.al@cosaction.com
205-542-2774
