Ronald R. Cherry
Deconstructing objections to an Article V Constitutional Amendment
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By Ronald R. Cherry
December 8, 2019


There is a move afoot in the United States, with direct consent of the governed, for a State-sponsored Article V Constitutional Amendment, and thank God for that. We had better have such an amendment soon because Constitutional Law is already being nefariously amended by Supreme and Federal Court decisions without the consent of the American majority, i.e., without consent of the governed, and against our will. The U.S. Supreme Court is not authorized by Constitutional Law to make changes in Constitutional Law; only We the People, via final vote of our State Legislatures in 3/4 majority, are authorized by Constitutional Law to do so.

Congress has also amended the U.S. Constitution nefariously, beyond the Constitutional limits of its power, by passing Federal Laws which violate Constitutional Law, i.e., with Federal Laws in the realms of welfare benefits for certain groups of people but not other groups of people (non-general welfare), retirement benefits and healthcare, to name only three. Governmental power over those areas of our lives is not delegated in the U.S. Constitution to the Federal Government, and thus, according to the 10th Amendment of the U.S. Constitution, that power is reserved for private individuals, private groups of individuals, or for State Government.

We the People are not authorized to amend the American Declaration of Independence or the Ten Commandments, because even our most intelligent law makers, judges and administrators are inferior to Natural and Divine Law. We are, however, authorized to amend Constitutional Law, because secular law is inferior to the Law of Nature and Nature's God. Some are of the absurd and irrational opinion that our Founding Fathers would not want us to amend the Constitution, but if that were true they would not have written Article V into the U.S. Constitution. In his 1788 letter to George Turberville, James Madison, Father of the U.S. Constitution, stated:

"I am not of the number if there be any such, who think the Constitution, lately adopted, a faultless work. On the Contrary there are amendments which I wished it to have received before it issued... These amendments I still think ought to be made according to the apparent sense of America and some of them at least I presume will be made." James Madison

In this letter James Madison made the case against a second general Constitutional Convention because the U.S. Constitution had just been ratified five months earlier, and he didn't think it wise to start the entire project over from scratch, but he was a vigorous supporter of State-sponsored Article V Constitutional Amendments, because the States created our Federal Government and are thus empowered to defend We the People against one that might become dangerously and un-Constitutionally over-powered.

"This Assembly doth explicitly and peremptorily declare, that it views the powers of the federal government, as resulting from the compact [U.S. Constitution], to which the states are parties; as limited by the plain sense and intention of the instrument constituting the compact; as no further valid that they [federal government] are authorized by the grants enumerated in that compact; and that in case of a deliberate, palpable, and dangerous exercise of other powers, not granted by the said compact, the states who are parties thereto, have the right, and are in duty bound, to interpose for arresting the progress of the evil." James Madison – 1798 Virginia Resolution

"The course & scope of the reasoning [1798 Virginia Resolution] requires that by the rightful authority to interpose in the cases & for the purposes referred to, was meant, not the authority of the States singly & separately, but their authority as the parties to the Constitution., the authority which, in fact, made the Constitution; the authority which being paramount to the Constitution was paramount to the authorities constituted by it, to the Judiciary as well as the other authorities [Congress and President]. The resolution derives the asserted right of interposition for arresting the progress of usurpations by the Federal Government from the fact that its powers were limited to the grant made by the States [U.S. Constitution]... The mode of their interposition, in extraordinary cases, is left by the Resolution to the parties [States] themselves... It is sometimes asked in what mode the States could interpose in their collective character as parties to the Constitution against usurped power. It was not necessary for the object & reasoning of the resolutions & report that the mode should be pointed out. It was sufficient to shew that the authority to interpose existed, and was a resort beyond that of the Supreme Court of the U. S. or any authority derived from the Constitution." James Madison – 1834 Notes on Nullification

Under Article V of the U. S. Constitution States, acting in ¾ majority, possess power to amend our Constitution without permission of Federal Government – just as the States acted in ¾ majority after the 1787 Philadelphia Constitutional Convention to create our Constitution and thus our Federal Government. American States in ¾ majority are Supra-Constitutional. Federal Government is the creature and is therefore inferior to its creator – the States. Like great planets of a revolutionary solar system, the weight of American States keeps the Federal Government in its proper place. State exercise of Article V would become an Amendment Convention – not a general Constitutional Convention. There will be no complete re-writing of the Constitution – only an amendment to the Constitution. There will be no "runaway" Article V amendment sponsored by Marxist Democrats and Communists like George Soros because it only takes the active action or passive inaction of 13 State legislatures to stop it. As with King George III our Statist (Marxist, Fascist or Islamo-Fascist) would-be masters will face defeat at the hands of We the People.

"The people – the people – are the rightful masters of both congresses, and courts – not to overthrow the Constitution, but to overthrow the men who pervert it." Abraham Lincoln

When Federal government is placed back into its smaller non-God-like box – when Federal government receives only 10% of our labor – the States, empowered and limited by their own 10% taxation, would find themselves positioned to take over, or share with private charities, all social programs now un-Constitutionally administered by Federal government: Social Security, Healthcare, Education, etc., thus limiting Federal power to that which serves all Americans equally, such as the U.S. Military, Post Office, Federal Highways, NASA and the CDC. Limiting Federal taxation to 10% would have the effect of resurrecting the 10th amendment – resurrecting State government – resurrecting the Bill of Rights – resurrecting the U. S. Constitution. With such an amendment We the People will finally become masters of both Congress and the Courts, masters of our own destiny.

Amendment XXVIII:

Section 1.
The Declaration of Independence is the supreme un-amendable Natural Law of the United States of America

Section 2. United States Senators and members of the United States House of Representatives shall serve no more than two complete or partial terms in office. United States Supreme Court and Federal Court Judges shall serve no more than 12 years in office.

Section 3. Amendments XVI and XVII are hereby revoked

Section 4. Supreme and Federal Court decisions shall be revoked by Congress with 2/3 or greater vote in both houses

Section 5. The State legislatures in 3/4 majority or greater, the authority which created the Federal Government via the U.S. Constitution, shall have the power to revoke Supreme and Federal Court decisions, Federal Law, and Presidential executive orders outside the scope of military Commander-in-Chief

Section 6. Federal taxation shall not exceed 10% for any individual, nor shall Federal taxation exceed 10% of the nation's GDP. Federal taxation shall be a national sales tax

Section 7. Federal income shall only consist of a maximum 10% domestic taxation as per Section 6 of this amendment, plus foreign tariffs, plus the donations of U.S. citizens, plus the sale of domestically purchased U.S. bonds by U.S. Citizens during wars declared by Congress. Federal income shall not occur through borrowing, except for the sale of domestically purchased U.S. bonds by U.S. citizens during wars declared by Congress; nor shall Federal income derive by fiat creation of money

Section 8. Federal spending shall not exceed federal income.

Section 9. This section of Article 1, Section 8 shall be changed to: "The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States, and all provisions for general welfare shall be uniform throughout the United States and enumerated herein this Constitution; To borrow money on the credit of the United States as per Section 7 of this amendment; To regulate commerce with foreign nations, and to regulate disputes of commerce among the several states..."

Section 10. This section of Article II, Section 1 shall be changed to: "No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty five years, and been fourteen Years a resident within the United States. Natural born citizen shall mean any person born within one of the states of the United States or upon the territorial waters of the United States, of parents who are both citizens of the United States."

Section 11. This section of Article VI shall be changed to: "This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made not in violation thereof, or which shall be made not in violation thereof, under the authority of the United States, shall be the supreme amendable secular law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding."

Section 12. Article III, Section 3 shall be changed to: "Treason against the United States, shall consist only in levying war against them or against this Constitution, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. The Congress shall have power to declare the punishment of treason except for cases of treason involving the President of the United States, members of the National Congress, or the Supreme Court, where in those cases the States shall have the power to try and declare the punishment of treason by 3/4 majority, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted.

Section 13. Section 1 of Amendment XIV shall be changed to: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. Congress, nor Presidential executive regulation, nor Supreme Court decisions, nor any state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall Congress or Presidential executive regulation or Supreme Court decision or any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

Ronald R. Cherry

Author of Restoring the American Mind

© Ronald R. Cherry

 

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Ronald R. Cherry

Ronald R. Cherry, MD, is a board-certified specialist in lung disease who is in the full-time practice of medicine in Sweetwater, Tennessee... (more)

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