Bill at foavc.org and Gordon,
Please consider a slightly different approach, since the past did not produce the desired end.
Two-thirds or more of the States must go all the way with petitioning the people, hold the Amendment(s) Convention and confirm Amendment(s) with three-fourths ratification. Congress would commit with voters, absolute political suicide by interfering with the process. Congress cannot appear as being "Against the People'.
The idea of ARTICLE V is clear intent to provide an additional check, to balance an out-of-control Congress. Franklin guided Jefferson in writing the Declaration. Franklin wrote newspapers and books at the commoner's level of understanding. An attorney's job is confusion with words. The Constitution's goal was and is clarity in words.
Politicians in government are constitutionally responsible to the People. The People and States grant or retrieve authority to / from the federal government.
Our understandings are different as to the meaning of "OR". Non-attorney commoners, like Ben Franklin, Jefferson and "We the People" believe the word "OR" means 'alternative to', rather than 'permission from'. ARTICLE V does not use the words 'shall petition Congress' to form an Amendment Convention. It would be senseless to require States inhabited with the People that own Congress, to petition an out of control Congress to amend the Constitution. Bill, your explanation is not a 'check' or a 'balance'. As of yet, Courts cannot prevent peaceful meetings of any nature.
ARTICLE V does not state to whom an application is served. If to Congress, it would say Speaker, Parliamentarian, leader or define a secretary. ARTICLE V does not use these words. I suggest the Constitution Preamble states to whom the application is served, since according to the Constitution the People, not Congress, are the government.
Therefore, the Bill of Rights ARTICLE [X] is alive in saying, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or the People."
Authority comes 'through' the People endowed by the Creator as defined in the Declaration of Independence, which justified the formation of this Nation. Abandoning this beginning nullifies the United States existence.
A responsible Congress may begin the Amendment process on its own OR the States may begin with two-thirds in agreement, in spite of a power hungry Congress. Either way, the States make the final decision to ratify Amendment(s). In either beginning method, the results; "Shall be valid to all intents and purposes".
There is no doubt that far-left law-schools, judges and Justices will claim a more liberal intent of ARTICLE V. ultimately, the people decide to prevent or allow radical change. Prohibition, women suffrage and slavery changes first came from the people. Congress responded responsibly after thousands of deaths and dismemberments. Let us pray the correction process never requires a civil war again.
Bill mentioned rights are inalienable. Yes, that is the intent as stated in the Declaration of Independence. Endowed and inalienable are not in the Constitution. Congress and Courts have removed or restricted Constitution defined Rights one-at-a-time.
Even the three branches of government know the Declaration is responsible for the Birth of the Nation, making the Constitution, responsible TO the Declaration. Ignoring the Declaration's 'Creator authority' makes possible the government's separation of Creator from the People and Endowed Inalienable Rights "Among which are Life, Liberty and the Pursuit of Happiness".
The document that freed a continent has very few words with a short justification. The Constitution is brief but remains responsible to the Declaration's clear intent of a Nation filled with free choice people in charge of their government. Politicians are employees of the people. Today unions, business and government are in charge of irresponsible people.
The American Nation either lost direction or chose a different path from the Father's design. We the People will unite in rebirth of founding purpose or become a devided socialist country dedicated to politicians, business and unions.
Concerned Citizen
Saturday, January 2, 2010
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