article v convention

We Need an Article V Convention

April 12, 2015–Montgomery Blair Sibley, an attorney based in Maryland, became the second person in United States history to file a federal lawsuit against members of Congress for failure to call an Article V Convention as required by Article V of the United States Constitution with the filing of a federal complaint in Washington, DC. The first person to file this type of lawsuit was the author of this article who filed two cases, Walker v United States in 2000 and Walker v Members of Congress is 2004. The latter suit was appealed to the Supreme Court.

As announced in his blog Sibley filed his suit on April 9, 2015 in the Superior Court for the District of Columbia, Civil Division. The defendants in the case are Majority leader Mitch McConnell of the United States Senate and John Boehner, Speaker of the House of Representatives. The complaint seeks a declaratory judgment and a writ of mandamus by the court requiring Congress to call an Article V Convention. It requests an advisory jury trial rather than a decision by the court itself. According to Mr. Sibley, the Superior Court was chosen as the court of choice because “it is an Article I federal court where ‘standing” is not a legal bar to the claim.”

In the past the federal government has asserted standing, or lack of the right to sue, as the basis to deny any lawsuit filed requiring Congress to obey the Constitution and call an Article V Convention. However, the latest Supreme Court ruling made in 1939, Coleman v Miller (the basis of the court rulings made in the two Walker lawsuits) states that any court ruling regarding the amendatory process in the Constitution is an “advisory” opinion. Advisory opinions do not require standing on the part of the plaintiff bringing the suit. Moreover the decision clearly states that while Congress has “exclusive” control over the amendment process, nevertheless, it is required to obey the Constitution. Article V gives no option to Congress on calling a convention if the states apply meaning Congress is peremptorily required to call the convention. It has been referred to by the Founders as “peremptory.”

In his complaint Mr. Montgomery lists 35 states which have submitted applications for a convention call. The Constitution mandates a convention call if two thirds of the state legislatures submit applications meaning 34 states must submit applications. Article V only requires applications by the states for a convention call to occur. It does not require submission of the same application from all states nor does it require the applications be for the same amendment subject. In all, 49 states have submitted a total of 766 applications for a convention call. To date, all applications have been ignored by Congress which, until recently, had not even bothered to tabulate the applications for purposes of counting, a necessary step to occur before a call can be issued.
According to court rules, the government has 60 days in which to respond to the complaint.

www.foavc.org

Government is the Problem

By dave

TANK COMMANDER, COLD WARRIOR, TERROR WARRIOR, & INTEL OFFICER SPEAKS OUT

“The U.S. will spread about 250 tanks, armored vehicles and other military equipment across six former Soviet bloc nations to help reassure NATO allies facing threats from Russia and terrorist groups, Defense Secretary Ash Carter announced Tuesday.

Carter’s announcement, made as he stood with defense chiefs from Estonia, Latvia and Lithuania, comes a day after he announced that the U.S. would have other weapons, aircraft and forces, including commandos, ready as needed for NATO’s new rapid reaction force, to help Europe defend against potential Russian aggression from the east and the Islamic State and other violent extremists from the south.

The defense chiefs standing with Carter all spoke bluntly about the threat they perceive from Russia, and the latest military plans provide a show of solidarity across the region and in NATO.

Estonia Defense Minister Sven Mikser said the Baltic leaders aren’t trying to restart the Cold War arms race or match Russian President Vladimir Putin “tank for tank,” but the additional military presences will be a deterrent to Russia and could change the calculous.

“In global terms Russia is no match conventionally to U.S. or to NATO, but here in our corner of the world, Putin believes that he enjoys regional superiority,” Mikser said, adding that Estonia is eager and ready to accept the equipment immediately.

Each set of equipment would be enough to outfit a military company or battalion, and would go on at least a temporary basis to Bulgaria, Estonia, Latvia, Lithuania, Poland, and Romania. Carter said the equipment could be moved around the region for training and military exercises, and would include Bradley fighting vehicles and self-propelled howitzer artillery guns.

Germany will be participating in the expanded military effort, but already has U.S. equipment.”

Patrick Murray is a retired US Army colonel. His military career took him out of his native Oklahoma to exotic destinations throughout the world, operating in diverse cultures and missions. He commanded tank units astride the Fulda Gap, staring down Soviet forces just across the border. Soon after, he found himself on the other side of that border, living and working in Moscow for the Defense Intelligence Agency. He speaks fluent Russian and hold advanced degrees in Russian Studies. Patrick worked in numerous US embassies, including as a military attaché in Belgrade, Yugoslavia, during the Balkans conflict. He was part of a military-political exchange program, assigned alongside American diplomats at the State Department in Washington, DC. Later he became the US representative to the Military Staff Committee at the United Nations in New York. During the Iraq War “surge” of 2007, he deployed to Baghdad. Patrick holds degrees from Oklahoma State University and The Ohio State University, is a graduate of the Command and General Staff College and the Defense Language Institute, where he studied Russian. He has also been a guest lecturer at the Army War College. Patrick often says that there is no statute of limitations on the oath he took to “support and defend the Constitution” so after the army, he sought to continue serving the nation in a different venue. He ran for US Congress in Virginia, where he was twice the Republican nominee. Patrick lives and works in Old Town Alexandria, where he enjoys jogging and biking along the Potomac River and volunteers for his pet causes, including the Board of Directors for Virginia Veterans’ Affairs and the local Animal Welfare League. He is a writer and political and foreign policy commentator, and is president and CEO of Third Wave Communications. His new book, “Government is the Problem” outlines the steps needed to take our country back.

http://www.gopatrickmurray.com/

Congress Begins Count of AVC Applications

By dave

UPDATE: January 29, 2015: The Clerk of the House of Representatives today published the first state application for an Article V Convention pursuit to the new House Rules passed on January 6, 2015. The application came from the state of Illinois. The House site located at: http://clerk.house.gov/legislative/memorials.aspx will list the date of the application and the state. One down, 765 to go. The text of the application can be viewed at: http://clerk.house.gov/legislative/memorial-pdfs/2015/Memorial-201501-IL.pdf . FOAVC will continue to publish its more complete list for a period of time until it is clear the House has “caught up” on its 238 years obligation of counting applications.

With a quiet addition to House rules on January 6, 2015 the House of Representatives began for the first time in history an official process for tabulation of state applications for an Article V Convention. This historic event went entirely unnoticed by the mainstream media as has been the case for all AVC events leaving one to wonder if the press will even cover a convention when it is called. Under newly enacted House rule Section 3 (c) “Separate Orders Providing for Transparency with Respect to Memorials submitted pursuant to Article V of the Constitution of the United States” the rule, proposed by Congressman Steve Stivers (R-OH) was among several rule changes for the new 114th House of Representative which passed by on a party line vote of 234-172 with all but four Republicans favoring the new House rules.

Are you aware that We The People are being denied our constitutional right to an Article V Convention to propose amendments, despite a whopping 750+ (or more) Article V applications from the state legislatures of 49 of all 50 states? Only 34 (i.e. two thirds) are required. So why has Congress ignored the Constitution? We need your help. If you want to help reclaim our constitutional rights, then you have come to the right place.

The significance of the two lists to the left of this column cannot be underestimated. Both lists PROVE that the states have submitted sufficient applications to cause a convention call long before any so-called “rescission”, same subject amendment or any other concept even existed. These “ideas” were created by the John Birch Society beginning in the 1980’s. If challenged the JBS cannot provide one official record supporting their claims of “rescission”, “same subject” and so forth. On the other hand FOAVC, if challenged, can provide specific Supreme Court rulings which refute the JBS claims. The public record is irrefutable: as of Friday, March 13, 1908 and since Congress has been obligated to call a convention by the terms of the Constitution. Unless JBS or any other group purporting to prove a convention call is not now mandated can provide proof by use of the text of the Constitution, the sole term specified having been satisfied, a convention is mandated. Thus the proof that Congress has violated the Constitution and its collective oath of offices is now conclusively demonstrated.

http://www.foavc.org/

Walker-England AVC Debate

By dave

Walker-England AVC Debate Set for July 21

A debate on questions about an Article V Convention will be held at 6 p.m. (PDT) July 21, 2014 on Internet radio. The debaters are Trent England, Director of Save Our States Project (SaveOurState.com) and Bill Walker, Co-Founder of Friends of the Article V Convention (FOAVC).

Hosted by well-known conservative talk show personality Dave Campbell, the one hour debate will be broadcast on Mr. Campbell’s weekly program Clarity From Chaos (https://clarity-from-chaos.com).. The debate will discuss five reasons made by Mr. England in a recent interview on the Daily Caller to oppose an Article V Convention. These reasons were: (1) Constitutional amendments are not the solution; (2) a convention plays into the current liberal dialogue (3) proposed amendments are easy to stop; (4) no knows how an actual convention will function; (5) the solution is a renewed respect for the Constitution.

The debate is formal. Rules include time limits for opening statements, cross examinations, rebuttals and closing arguments. The rules specify all points must have a basis in fact, with references. No anecdotal comments are permitted. The rules permit the questioner to stop the speaker during his reply during cross-examination.

Bill Walker has been a leader in the Article V Convention movement for over twenty years. His achievements include filing the first two federal lawsuits in United States history directly dealing with the refusal of Congress to call an Article V Convention and gathering for the first time in United States history a collection of the actual applications by the states for a convention call. The 746 applications from 49 are viewable at www.foavc.org. Mr. Walker has written nearly 60 articles on various aspects of an Article V Convention. He has spoken at both Harvard University and Thomas M. Cooley Law Schools.

Trent England is currently the Director of Save Our States Project which is part of the Oklahoma Council of Public Affairs and Liberty Foundation for America in Oklahoma City, Oklahoma. Mr. England was formerly Executive Vice President at the Freedom Foundation in Olympia, Washington and a Legal Policy Analyst at the Heritage Foundation. He is an attorney licensed to practice law in the state of Washington.

Clarity from Chaos airs every Monday night from 6 – 7 pm on www.doublewidenetwork.com.