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SENTRY JOURNAL » Constitution, Constitutional Convention, States Rights » Article V: Constitutional Convention Part 1

Article V: Constitutional Convention Part 1

Most of us are still very upset about the outcome of the healthcare debate in Washington DC.  It has been clear for a very long time that the majority of the American people did not want this type of reform.  This reform will not only bankrupt our nation, but was fashioned with sleazy backroom deals and special favors.  It’s also abundantly clear that Washington DC is out of control and that they no longer hear or respect the voice of a majority of Americans.

I have decided that I no longer have the time to waste on these corrupt politicians that would sell out their own family members if it advanced their own personal agendas.  Time is running out on the Republic and it’s time to shift my strategy and change my tactics.  I have decided that my efforts are going to be concentrated at the state level.  These are issues that directly impact my state and each citizen in my state.  You see I can drive to my state capital in about an hour and a half.  Or visit my district representative/senator in about five minutes because they live only a few streets away.  This brings the issues closer to home.  So today I was reading the Constitution, looking for some type of response to this healthcare legislation, and then it hit me, Article V.

I came to the realization that I was reacting to the legislation and my view of the situation was myopic at best.  No matter what the states do there is going to be a major battle in the courts and the states might win a few minor victories like getting rid of mandatory healthcare insurance requirements, but overall nothing will really get accomplished.  The Republicans have good intentions in wanting to repeal the bill, but this is very unlikely.  Once a beast like this entrenches itself into the system, it simply doesn’t just go away.  You see in order for that to happen it would take political courage and that’s a rare find in DC these days.  This also doesn’t solve the problem of reigning in an out of control government that continues to strip away our personal liberties each day.  We have to think outside of the box and look at the bigger picture.

Article V just might be the answer because after all it is our Constitution that’s under attack.  Many will say look to the 10th amendment, but I think there are too many crafty lawyers out there that can poke holes in the 10th amendment and quite frankly this will cost us time that we just don’t have.  It will also send a weak and stale message to DC.  However Article V sends a strong message that we are committed and serious about our Constitution and that if our elected officials are not going to honor their oath, then by the grace of God we will.  It is our duty as citizens of the United States.

Article V states:  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.

So as you can see the authority does exist in the Constitution to call for a convention.  I also think we have a window of opportunity to press for this while the states still have a sour taste in their mouths over this healthcare debacle.  Right now there are 38 states that have plans or are planning to sue the government over this healthcare legislation.  You only need legislators from 33 states to call a convention.  I think this is very much within the realm of possibility considering the mood of the nation.  Additionally I believe the authorization granted by the Constitution is pretty cut and dry and will be hard to fight in any court.

So what I’m asking from the blogosphere is to start talking this idea up if you think it is practicable and you agree with it.  You can even link to this post if you like or write your own, but if you agree with this then it needs to be a team effort.  We need to get the word out in the quickest and most efficient manner.  Lastly if you know any of the major Tea Party organizations whether through social networks of other means, please contact them with this idea.  I think if we can get the states to start talking about this it would absolutely send shock waves through the halls of congress.

Folks the blogosphere is the modern day equivalent to the tavern and pubs of colonial days where patriots met and exchanged ideas, discussed tactics, and decided to stand up against tyranny.  It’s from this platform we can affect change and restore the Constitutional Republic and become a part of this nation’s great history.

In part 2 I will discuss my wish list of proposed amendments.

Stay positive, stay involved, and stay the course.

Liberty forever, freedom for all!


Filed under: Constitution, Constitutional Convention, States Rights

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  • The Born Again American March 23, 2010 at 3:59 AM

    I'll be more than happy to take up this fight with you, as Florida is one of the states ready fight back… Our govenor Charlie "the Obama loving" Crist probably won't help, but I'm hoping our Attorney General Bill McCollum has the cajones to take up the fight, especially if he has asperations of running for governor once Marco Rubio kicks Crist back minto the private sector…

  • John Carey March 23, 2010 at 5:14 AM

    Thanks BA. Maybe it's just wishful thinking, but I do believe this is an option for America. Some will say they trust their state legislators less, but at least their closer to the issues that really matter to us.

  • Jerry March 23, 2010 at 1:10 PM

    Sorry I haven't been on in a while. I always enjoy your blogs. I think this option is a great one. I posted this to my Facebook page to help spread the word about this option. I hope people wake up and stop allowing the government to go unchecked. I'll end this with a quote by Thomas Jefferson.

    "I predict future happiness for Americans if they can prevent the government from wasting the labors of the people under the pretense of taking care of them."

  • Matt March 23, 2010 at 3:10 PM

    A Constitutional Convention has always scared the hell out of me. Here's why. Hillary had floated the idea back in the 90's as a means to permanently end our Republic. Who is to say that a ton a lib delegates make health care a right? Or exclude a Second Amendment? Or, for that matter, the rest of the Bill of Rights?

    I do think that Amending the Constitution is a great idea, especially if the GOP get's the Congress back in November. Given that the Dems are going to try for amnesty, so Obama will have 20-30 million new Democratic voters in 2012, it might be our last chance.

  • Triple Net Lease March 23, 2010 at 4:12 PM

    Your site is right on the mark. We have had too much Government now much more is coming.

  • John Carey March 23, 2010 at 6:25 PM

    Thanks for the comments Jerry. I think this is the best route we can take to save the Republic or at least send Washington one heck of a message.

  • Ezekial Rage March 23, 2010 at 6:30 PM

    Who is still upset about the Healthcare? People that don't want to be covered if they or their family gets hurt or ill? Why cant people just except that the people that WE elected into office know the BIG PICTURE and are doing what we pay them for…like keeping us from bleeding out after our friend with the gun shot us while he was drunk? I am here to tell you that we are lucky to have a government that is willing to step in when 36 million people

    don't have insurance! Our Government is going to make everyone plan ahead for the unforeseen…unless you think 36 million people are immune and can only be stopped by silver bullets.

    It seems someone is always screaming (its my Constitutional right to…) carry this big gun even though we are no longer a Nation of hunter/gathers we have PROGRESSED passed that! They still let us keep our guns so we can kill that one deer a year. Now they are screaming its my right not to pay a SMALL monthly payment so I am covered when I shoot off my toes! People they put options in the Constitution because they new we would PROGRESS and need new things (see amendments) This is not some new game if you think your Rights are being walked on THEY can make an amendment then everyone can be happy. If you don't like the Government VOTE, or you can pack up you guns, moonshine, and big pick-up trucks and make your own Government in some far off land.

  • John Carey March 23, 2010 at 6:40 PM


    I felt the same way, but can we do any worse in a center right country than they are doing right now. We cannot count on the SCOTUS to do the right thing because basically they have been quiet for the most part since FDR threatened to stack the court.

    Article V was designed to empower the states to keep the balance if it ever shifted dramatically. Like I said we are a center right country and I don't believe that the state delegates will take away liberties. Our current government is doing plenty of that right now. I'm also not convinced a Republican solution is the answer. Do we really want the answer coming from a place that is morally bankrupt and littered with special interest groups? There are more conservative controlled states than liberal states in the Union. I also know that if they try to take away rights through the amendment process, the states in the end can reject any amendment proposed. Like I stated earlier, we can do no worse than what is happening to the Constitution now. We have reached a point that the states need to flex a little and remind the government that they still have a say.

    I do understand your fears because I have the same fears. But we have to shift the balance of power back towards the states and this is the way to do it.

  • John Carey March 23, 2010 at 6:46 PM

    Thanks for the comments Ezekial. Nice Rant.

  • Anonymous March 24, 2010 at 12:28 PM


    Read what you have said, we have PROGRESSED. Pasted that, and that is the problem with our nation, the "Progressives" have worked their way so far into our government that they no longer need to listen to the will of the people.

    Last night as I was attempting to explain what was going on to my nine year old, she asked me " Why didn't they listen to us". I simple said I" I don't know" with all of her youthful logic she said " Well maybe we should stick notes on all their forheads that say, Listen to Us." Amazing simple things from simple minds.

  • Ezekial Rage March 25, 2010 at 11:16 AM


    Think before you speak. The Founding Fathers of this great County were the PROGRESSIVES of their day! Maybe not in name but in their actions. Our Government is made up of the people WE chose to Govern US they at no point picked people off the street and ask them to pass this new Heath Care plan.

    I am sorry to hear you could not explain to a 9 year old that sometimes individuals don't make good decisions like not wearing their seat belts, doing drugs, and going the wrong way down the road. The Government sometimes steps in and helps people make the right decision by telling people to buckle up, don't do drugs, and follow the rules of the road.

    I will let you think on this and see if you can come up with a good reason people need Health care.

  • Anonymous March 25, 2010 at 6:33 PM


    I can easily explain all of your examples, however how do you explain that her future has been put in jeopardy, that the rights and freedoms that she enjoys today are being stripped from her little by little and someday there will be nothing left. I never stated that people do not need Health Care, there are better ways to do it without a government take over of the system. And you are correct we did not pick people off the streets and ask them to pass health care, over 61% of the country asked our ELECTED officals NOT to pass this bill start over and make it better, however, thanks to progresives like Pelosi, her minions, and sidebar deals they did not listen. And What you can not expalain to a 9 year old is why no one listened and why the basic foundations of the constitution were trampled on. As a nation we fought for on no taxation without representation, well who represented the views of the people in this one, not the government. If the focus was on affordable health care for all then why not force insurance companies to lower their rates rather than force individual businesses and the people as a whole to carry insurance. OOOhhh, wait Government kickbacks, and political funding from those companies would be lost, and we can't afford for our elected officals not to recieve those. And yes the founding fathers were progressive, however they did not envision socializm, they envisioned individual rights and freedoms, put in place the foundation of a limited government that was ment to be run by the people.

  • John Carey March 25, 2010 at 9:11 PM

    Once again thanks for the debate, because I do love a good debate. I don't need to get the last word if I feel I can convey my thought so away we go! It is apparent to me that you do not know basic American History. Our Founders were radicals for the day, but their radicalism was based off of the idea self governance and individual liberties in a world filled with Monarchies. It was a radical departure from the status quo of the day. They were classic liberals which is much different than the contemporary definition of liberal. They were NOT progressives. Progressive are quite the opposite. Progressives hold a statist ideology in which they believe that the state is the answer to all our problems. They strive to create a utopian government state that desires to control the masses because they believe they know what is best for us. They do not respect liberty or freedom because they sincerely believe people cannot be trusted with either, only the state should have that trust. I for one believe in personal responsibility for one’s own action and the freedom to choose one’s own path. Freedom and liberty are things we take for granted because it is all we have known. I will tell you it is not the same in countries like Iran and China. I recall the words of Ben Franklin, "Those who would give up Essential Liberty to purchase a little Temporary Safety, (healthcare) deserve neither Liberty nor Safety." Now that doesn’t sound like a progressive to me.

  • Anonymous March 25, 2010 at 10:05 PM

    I often forget what a learned individual you are John. You are absolutley correct and I should have not use the term "progressive" so loosely. My apologizes.

  • John Carey March 25, 2010 at 10:09 PM


    I wasn't directing the reply towards you. It was meant for Ezekial. I already know you know the Founders were not progressives.