Received the following email last evening subject above from Publius Huldah linking to the article below.
Former law professor Rob Natelson is “the brains” for various factions pushing for an Article V convention. Read this and you will see that the claims COS makes that States control a convention from start to finish are built on a foundation of misrepresentations…….
The Truth is that Congress has all the power to organize and set up the convention Congress “calls” under Article V.
BUT! Once the convention convenes and the Delegates seated, they are invested with that inherent sovereign right of a people to alter, abolish, or throw off their Form of government. Declaration of Independence, 2nd para.
The Constitution of 1787 is our Form of Government.
Delegates to a convention can throw it off. And propose a new constitution with a new mode of ratification.
Do you trust the Delegates?
Oh! You don’t know who they will be, do you?
News with Views, Publius Huldah, (1/12/2015)
In former law professor Rob Natelson’s recent paper, “No, the Necessary and Proper Clause Does NOT Empower Congress to Control an Amendments Convention” [read it HERE or HERE], he makes several untrue statements and commits the gross fallacy of making a circular argument which begs the question.
Natelson is the intellectual guru of those pushing for an Article V convention. Among the false claims they make is that a convention will be controlled by the States, and Congress has nothing to do with it.
That false claim rests on Natelson’s (1) fanciful theory of “customs”,(2) his tortured interpretation of the necessary and proper clause, (3) his misrepresentations of Supreme Court cases, and (4) his crimes against the Laws of Logic.
I’ll show you.
What Does Article V Say?
Article V provides two methods of proposing amendments to our Constitution. Congress proposes amendments and submits them to the States for ratification; or Congress “calls” a convention if 2/3 of the States apply to Congress for a convention.
All our existing 27 amendments were proposed using the first method. We have never had a convention under Article V – for good reason.
What does the Necessary and Proper Clause Say?
Article I, §8, last clause says:
“The Congress shall have Power”… “To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.” [boldface mine]
The Federalist Papers confirm the plain language of the Constitution: §8 delegates to Congress the power to make laws for executing the powers delegated to each branch of the federal government.
How Does the Necessary and Proper Clause Apply to Article V?
Article V delegates to Congress the power to “call” the convention. The necessary and proper clause delegates to Congress the power to make all laws necessary and proper to carry out its power to “call” the convention.
The April 11, 2014 Report of the Congressional Research Service shows that Congress claims exclusive authority over both methods of amending the Constitution, and that Congress claims the power to organize & set up a convention.
But Natelson – mind, he is their “cutting edge intellectual” –insists that the necessary and proper clause does NOT delegate to Congress power to organize& set up an Article V convention.
Well, well! Let’s look at Natelson’s four arguments:
(1) Natelson’s Fanciful Theory of “Customs”
A convention called under Article V of our Constitution is governed by provisions in our Constitution: Article V and Article I, §8, last clause – the “necessary and proper” clause.
But Natelson has long insisted that customs followed at conventions during our “Founding Era” determine how a convention called under Article V will be organized & set up. He says in his paper:
“… An entity that calls an interstate convention always has been limited to specifying the time, place, and subject matter. It is the state legislatures who control selection of their own commissioners, thank you very much.”
“Founding Era” customs supersede our Constitution? And where does Article V say a convention called under Article V is an “interstate” convention?
Continue reading article written by Publius Huldah ⇒ “ROB NATELSON PERVERTS THE NECESSARY & PROPER CLAUSE AND THINKS IN CIRCLES”
Take heed, America. Take heed. We must avoid an Article V convention at all costs.
NOTE: Please direct comments to our Constitutional specialist, retired attorney, Publish Huldah, at either of the links below.