Slide 6
“Fears are educated into us, and can, if we wish, be educated out.”— Karl Augustus Menninger
The menacing alarm that Congress will step in and take over the convention or that Congress will appoint and control the convention delegates is simply another example of a pure falsehood straight out of Alinsky’s playbook.
We must recognize it for what it is, counter it with truth, and remain steadfast in our resolve to return this country to its founding principles.
The Constitution, historical record, and case law are crystal clear and crucial to establishing this point as true:
- Article V specifically details the limited powers given to Congress and the state legislatures before, during, and after the convention.
- The 42 prior interstate conventions demonstrate the appointed commissioners (subject to their state’s instructions) have complete control.
- The case law is irrefutable:
- United States ex rel. Widenmann v. Colby, 265 F. 398 (D.C. Cir. 1920) affirmed 257 U.S. 619 (1921) - The functions of an Article V Convention are complete when the convention has fulfilled its stated purpose.
- Leser v. Garnett, 258 U.S. 130 (1922) - The state legislature’s discretion could not be supplanted by the rules imposed by a third party because the legislature’s authority is derived directly from the Constitution.
- United States v. Thibault, 47 F.2d 169 (2d Cir. 1931) - The federal or national government is not concerned with how an Article V Convention of a state legislature is constituted. Therefore, the Article V Convention is empowered to organize and conduct its business as the delegates or commissioners see fit.
- Gralike v. Cooke, 191 F. 3d 911 (8th Cir. 1999) - Article V Conventions cannot be prohibited from deliberation and consideration of a proposed amendment and thereby limited to pre-written wording
Anyone making the statement - that Congress will control the convention or the delegates in any way is either woefully uneducated and acting out of fear themselves or, worse, deliberately trying to scare “We the People” from acting.
The Constitution enumerates definitive powers to various federal entities. It also enumerates powers to entities outside of the Federal Government. These powers fall under a classification called “Federal Functions.” An Article V convention of states for proposing amendments is an example of such power; here, the Constitution enumerates the power directly to the state legislatures.
In his essay entitled “FEDERAL FUNCTIONS: EXECUTION OF POWERS THE CONSTITUTION GRANTS TO PERSONS AND ENTITIES OUTSIDE THE U.S. GOVERNMENT” Prof. Robert G. Natleson explains these functions in great detail.
Professor Robert G. Natleson heads the Independence Institute’s Constitutional Studies Center and Article V Information Center.
About Professor Natelson:
- A nationally recognized constitutional scholar and author
- His treatises on the Constitution's historical and legal meaning have been repeatedly cited by the U.S. Supreme Court, federal appeals courts, and state Supreme Courts.
- His work has been referenced in briefs prepared by parties involved in the litigation and the decisions rendered by justices of those courts.
- His peers widely acknowledge him as the country’s leading scholar on the Constitution’s amendment process and among the leaders on many other topics.
By all means, take the time to investigate Prof. Natelson’s credentials and compare them to the qualifications of all those speaking against using this method to limit government.
Decide for yourself who has genuine expertise and credibility.
