CHARLES KACPROWICZ’S RESPONSE TO A CITIZEN’S QUESTION REGARDING “CONVENTION OF STATES” Nov. 7, 2013 Citizen Initiatives Bulletin Diane, I am aware of Convention of States. One of their Advisors is also our Advisor. I have serious objections to their approach. One, they do not understand Sovereignty that was passed down to State Legislatures from the Articles of Confederation into Article V. The unanimous vote requirement in the Articles that gave each State independence and Sovereignty was modified in Article V by requiring 34s of State Legislatures to ratify a proposed Amendment. Legislative sovereignty never changed for the State’s. Second, they do not understand that delegates to a Convention are Ambassadors of their Legislatures, they are not free agents. Third, James Madison was one of the principal Founders at the Constitutional Convention and had a great part in drafting Article V. He made the following statement: ‘‘ARTICLE ___. The Congress, on Application of the Legislatures of two thirds of the several States, which all contain an identical Amendment, shall call a Convention solely to decide whether to propose that specific Amendment to the States, which, if proposed shall be valid to all intents and purposes as part of the Constitution when ratified pursuant to Article V. Under James Madison’s explanation, 34 State Legislatures in an Article 5 Convention MUST put forward a Call on Congress with an identically worded Amendment to be presented at the Convention. This is the reason why both the Delegate Resolution and the Amendment itself have already been drawn up beforehand. They become pre-approved documents by the State Legislatures before the Convention is convened. Not to do so would prevent the Legislatures from exercising their sovereignty. State Legislatures must not allow Congress, the Courts or Executive Branch to define their Sovereignty. If they abdicate their sovereignty they will not get it back. Convention of States sees the Call for a Convention as a political and legal issue in which the Legislatures must walk gingerly so they get Congress and the Courts approval. Citizen Initiatives believes that because the Legislatures have sovereignty to Call for a Convention of their choice and to define the deliberations at the Convention, that they do not need approval from anyone or thing to convene a Convention. Once 34 State Legislatures complete their Applications for a Convention, it is no longer an Application, but rather a command (mandate) on Congress to convene the Convention. If Congress plays politics with the Calls, then the States have sovereignty to convene the Convention on their own. When someone or some entity has Sovereignty, they do not need anyone’s permission to do as they wish. They rule! In this case, the State Legislatures rule under Article V when calling for a Convention. Otherwise, what sense would it make to say that Legislatures can Call for a Convention to modify the Constitution only if Congress, the Courts, etc. approve. Remember, even the Supreme Court is required to make their decisions under the mandates in the Constitution. The State Legislatures are the final arbiters in all Constitutional matters. citizeninitiatives.org/sovereignty_states_rights_amend.htm citizeninitiatives.org/Delegate_Resolution_Sovereignty_States_Rights.pdf
Posted on: Thu, 07 Nov 2013 23:40:56 +0000
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