Todd J. Juvinall

I Miss my Husband very much! Todd was simply all about loving God, County, Family and People. My love , My husband is with Jesus in Heaven. He enjoyed communicating with each of you on Sierra Dragon's Breath. Todd was a Great, Loving, Kind man and will be Missed. Love you honey! Till wee meet again.

Tuesday, July 3, 2012

Is it time for a Constitutional Convention?

Article. V.
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

What do you think?  We have a federation or conglomeration or whatever you want to call our makeup, and the Founders gave the states a way to deal with  Amending the Constitution  when a tyrannical Federal Government needed a slap-down.  Reading Article V makes my eyes roll back in my head but maybe it is time to reign in the feds.  Could the Tea Party get this started?  They are in every state and maybe it would be something to get this country back on track.

Many people are afraid the country's document will get hijacked at a convention and all kinds of crazy things would be added.  Or, the original Constitution would be totally booted and replaced by something different.  Well, maybe.  But I would guess the people would  not allow that to happen.  The reason I think maybe it is time for a convention is we have reached a point the Founders never dreamed of in regards to Federal power.  The latest intrusion is Obamacare as we have discussed this week.  The Founders never envisioned the federal government forcing us to buy a product and they never thought the tax provision, the Commerce Clause and other parts of the document would be bastardized into a overarching federal system.

In fact, they wanted the exact opposite.  They protected the individual with the Bill of Rights and most f the other Amendments that came later.  The first time in history a single human being was deemed as important as the king or queen.  My goodness, if the Founders read Roberts delusional opinion on their writings they would simply not believe it was possible.  Roberts allowed a mandated intrusion into my body and yours.  He said the federal system as written in the Constitution contains in it somewhere, a right to force me to buy something, a product, that I may not want.  Amazing.

The left, and it appears the traitor Roberts (traitor to s confirmation promises) have misread the Constitution again.  The left wanting more government in our lives use the Article One, Section 8 words as their "nose under the tent" to get into our bodies and minds without our permission.  The Section reads,

Section. 8.
"The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;"

Now I am not a wordsmith like some others but when I read the part that says  "provide for the common Defense and general Welfare of the United States", I don't take that as a right to force an individual to comply with anything.  It is a broad statement in the General Welfare section meaning the States, not the individuals in the states.  But, humans desiring power over others have been allowed to use those few words to intrude in just about every aspect of my life and yours.  Even the tax statement in Section 8 (wasn't that the name for nutballs in the service) does not say anything about the individual but of the states as well.  And it limits the taxing authority to a small number of items, and if it didn't why would there have to be a 16th Amendment?  That Amendment reads as follows,


 AMENDMENT XVI
Passed by Congress July 2, 1909. Ratified February 3, 1913.
Note: Article I, section 9, of the Constitution was modified by amendment 16.
The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.

How the hell is not buying a insurance policy an "income"?  You see the problem here?   Clever people have got into our pockets since 1913 and clever people have now made it a crime to not buy insurance at the federal level.  What is the problem?  The problem is we have allowed these clever people to get away with this.  Yeah, I know, many thousands of lawyers have been involved in all this and they are the smartest people in the room usually.  But how can we simple folks in the hinterlands depend on those smart people to do the right thing?  It appears we can't as Obamacare and John Roberts have shown us.  How Roberts can read Section 8 and screw it up is beyond me.

So, maybe the ultimate return of power to the people is a Constitutional Convention.  It is right there in the document so I guess it must be Constitutional.  But maybe I am just dreaming.  Maybe the Constitution doesn't really mean what it says anymore.  Since we depended on the Chief Justice of the Supreme Court to back the people's document and he didn't come through, then we just have e to take political justice into our own hands perhaps.

7 comments:

  1. Todd, it's a thought that's crossed my mind and even tarried there for a bit. But we have to be careful what we ask for, because a constitutional convention throws it open for all comers with no guarantee that we'll wind up with anything that resembles our current Constitution. Given the ignorance and entitlements mentality of our electorate, I'd hate to see what kind of representatives they would send to such a convention that would be several years in preparation.

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  2. In know it is dangerous for what it could turn into, but the Founders put it there for a reason. I am checking the Federalist Papers for more clues. Since it takes 2/3 of the states to call one and 3/4 to make it final, it is unlikely in our partisan country that it would happen.

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  3. This comment has been removed by a blog administrator.

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  4. The author needs to check his facts more carefully before stating what he believes to be the truth. He says "Since it takes 2/3 of the states to call one and 3/4 to make it final, it is unlikely in our partisan country that it would happen." The facts speak differently. 49 states have submitted over 700 applications for a convention call. The applications can be read at www.foavc.org. The author might consider goggling "Article V Convention" and check sites next time.

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  5. Please rerad the Article V as posted above. You will see I am correct and you are not.

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  6. With all due respect Mr. Juvinall, I'm the guy that gathered those applications for your to read and the guy that filed the two lawsuits in which the government officially admitted I'm right as to the fact counting applications for a convention call is a simple numeric count of applying states with no terms or conditions. You wrote your article July 3 meaning you have three days experience on the subject. I've been working on it for 20 years. Besides all I stated was the applications prove the states have applied. That is a matter of public record, not opinion and applications I refer to are from the congressional record, the public record of state applications for a convention call. So I can't be "wrong" on this as I merely cited the only source available where you can read that public record.

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  7. I don't think we have a disagreement. I traveled to your website and it is very impressive. I applaud your efforts. If you are correct in your efforts, how do you explain 20 years of not accomplishing the convention?
    Here is the website.

    http://www.foavc.org/

    I will read more of your efforts. Good Luck!

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Real name thank you.