Drafting a new Constitution
Amar shows us Article V does not preclude citizen modifications to the Constitution.
94 CLMLR 457
(Cite as: 94 Colum. L. Rev. 457)
Columbia Law Review
*457 THE CONSENT OF THE GOVERNED: CONSTITUTIONAL AMENDMENT OUTSIDE
Akhil Reed Amar [Click: Contact at Yale ]
This note builds on this argument and lays the groundwork to draft a new Constitution. The Federal Government has failed to assert its power; and our current state is no different than during the Articles of Confederation. [ Details: Skim over them quickly ]
The way forward is to tell the Federal Government to assent to the rule of law, or be found in rebellion. Congress has until 1 April 2006 to wake up.
Thank you for your work cited above. Your work has helped create a structure to show how the rule of law can be asserted over the Executive and Congress. Today, it is clear that the nation's leadership is not willing to investigate facts, nor are they willing to assert lawful power, nor check the abuse of power.
However, we need not trouble ourselves with endless fact finding when the Executive has already fatally admitted he has violated FISA. Whether Congress wants to delay or take no action is irrelevant: We the People can lawfully strip Congress of powers they refuse to assert, and fail to use when censuring a President.
It is fitting we continue to move forward with all due speed to redraft this Constitution so that the Congress cannot be given the option to assent to abuse of power; nor delay the needed assertion of power for purpose of suppressing information until after an election. Rather, the voters are in a position to make adverse judgments: About what the problem is, and what the remedy should be to protect our rights and prevent the abuse of power -- especially when the needed remedies are simple, straightforward, and consistent with our desire to protect our rights and prevent the abuse of power.
Despite this admirable goal, some have given up thinking that Congress is not serious and nothing can be done. However, there is reason for hope. Your work cited above shows that the People do have the option to draft a New Constitution outside Article V. In so many words, this means that if Congress and the Executive assent to non-sense and ignore the Constitution over the NSA issues and the non-sense with the Iraq WMD, We the People do have leverage to lawfully compel Congress to assert their power, refuse to assent to abuses; and for purposes of impeachment -- investigate, find facts, and bring charges in the Senate against the President. They can either do their jobs; or they will lawfully have their power revoked.
It is inappropriate we watch idly as Congress refuses to do what they took an oath to do: Protect our rights, and prevent the abuse of power. Make no mistake: There should be no doubt that despite this admirable goal, there are many detractors. These need to be removed, and the Constitution strengthened so that rights are protected and power is contained, not abused. The way forward is to strengthen this Constitution to achieve those dual goals.
The purpose of this note is to outline for you and others how your work fits into the overall strategy. In short, We the People can tell Congress to review the matters and bring articles of impeachment; or we can draft a New Constitution; or the States can compel the Congress to face the issue. Regardless the way forward, it is a false argument for anyone to suggest that we are on a road of no-recovery to a dictatorship. The way forward is to remind the Public and Congress that we do not have to wait until November to change things; rather, we can continue to work on drafting a New Constitution that will compel Congress to immediately assert their oaths, or be found to be in rebellion. The sanctions on Congress are simple: If they refuse to do their jobs, We the People may find that they are in rebellion, subject to sanctions under the 14th Amendment, Section 3: Loss of office. In short, all excuses of "why nothing can be done" are frivolous, just as the Congressional leadership's assertions that we have to put up with this. Non-sense, We the People can fix this.
As a way forward, perhaps the public could be reminded, or there be a discussion on the clauses that would be included in a New Constitution. Perhaps the Yale Law Review could have a call for papers on the topic, and encourage a scholarly discussion and public debate on what could be done to fix this Constitution, protect our rights, and prevent the abuse of power. The draft language below is simply a starting point for what might be an interesting discussion on credible modernizations to the existing Constitution.
For purposes of creating a pathway, and starting a discussion on possible solutions and language in a New Constitution, here is a draft of the language that would feed into a New Constitution. [ Click ] The ideas are designed to build on the problems of the day, and strengthen the existing Constitution. Think of this draft as an umbrella for the existing Constitution: A way of affirming what is already there, but imposing consequences on Member of Congress for failing to assert power, or check the unlawful abuse of power.
Also, consider this draft New Constitution in the context it was created: Part of a larger number of options to destroy the excuses related to, "Why nothing can be done,"; and, conversely affirm "Yes, there are options to assert the rule of law on Congress, let them know they have to do there jobs; if they don't we can go around them with a New Constitution."
Also, the New Constitution should be taken in light of the other options that are designed to destroy the excuses to do nothing over impeachment. One excuse is that the impeachment resolution would be buried in the RNC controlled Committee; this excuse falls away using rule 603 of the House which permits State Legislations to forward a proclamation of impeachment, and the approach was successfully tested in the Swayne Case in 1903. [ 603 results ]The second excuse for inaction has been the "we can't do anything because we don't have the majority in Congress" -- this argument fails because the people have to options: They can either go down the difficult rout of a Constitutional Convention; or they can simply draft a new Constitution, as is possible at this link: [ Click ]For those who believe that this is "too hard" or "it's going to be alot of work," there's already a draft New Constitution here: Click
Regardless the reasons, all Americans appear to have given up. And what is more disturbing is despite the efforts to provide a roadmap, all efforts to point to a solution are received with, "Oh, you're just doing this to get hits to your website."
If that were true, I would provide more information about non-related issues: Background, information on the sources, etc. Rather, it would be hypocritical of me to complain about those who are exploiting the current illusory-standoff; all the while manipulating people to believe something that should stand on its own: The words: [here] Rather, in my view the public's "demand" that we get information about the source of the proposal is simply evidence of their manipulation: They refuse to consider the information on its own merits; and still want to be guided by people, not the language of the solution. That problem is the very reason we find ourselves where we are: The arguments and facts were ignored over Iraq, 9-11, and WMD; and the country assented to non-sense laws in the Patriot Act.
The way forward, in my view, is not to then use the same manipulation to save them; rather, they have to want to solve the problem. My dilemma is what is to be done to let people know there is a solution; and get them to not worry about the non-sense. I have no answer. All I can offer are the words, and confidence that it is possible to tell Congress: "Things have to change, and here is a New Constitution that will change it; in the mean time you need to do your job, investigate the NSA and bring articles of impeachment so the Senate can review the evidence."
Succinctly, there is a solution to this impasse with Congress: Here is what could be done to remind Congress of their responsibility to investigate the abuse of power and violation of rights: [ Click ] This is the language that could be a the heart of this New Constitution: [ Click ]
Thank you for considering these thoughts.
Article V does not prevent the People from telling the Federal Government that we have a new Constitution. A popular vote may dictate to the Federal Government what standards of conduct they are to be held to.
A new Constitution is not a revolution or a dramatic change. Rather it simply asserts that our present legal framework is insufficient. The answer isn’t to throw away the law. The way forward is to compel Congress to choose between the law and private life.
Congress has until 1 April 2006 to lawfully remove the President. After that date, the new Constitution will be drafted and put to a public vote.
The Federal Government has a problem. It fails to justify confidence. Rather, it no longer has legitimacy. It compels the nation to assent to laws it does not enforce. Moreover, the Federal government violates the laws, even making up new laws people are supposed to follow.
Regardless the reasons, the Congress refuses to assert the rule of law over the NSA issue and FISA. The purpose of government is to protect rights and prevent the abuse of power. This Federal Government has failed.
The way forward is to force all government officials to assert their oath, and prevent malfeasance. Their obligations must be fulfilled, not explained away.
When we speak of the Constitution, we need not go further than the Preamble. One key word: “Ordain” is a ministerial act – but the People – in delegating power. We have not given up any power; rather, the constitution merely documents how our power is to be delegated.
This ministerial delegation may be changed. Article V only addresses how the government may change the Constitution. There has never been a request for a Constitutional Convention. This note doesn’t recognize that as a viable option; rather, we’re building off the third option – the implied right of the People to redraft a new constitution and compel the Federal Government to recertify their oaths to the new document.
The Supreme Court is silent on the pre-amble and does not prescribe what other methods are or are not constitutional. Rather, it has only asserted what Amendments are constitutional so long as they follow Article V. The Supreme Court has not stated at any time that other methods to modernize and strengthen the constitution are precluded.
We have not given this Federal Government the power to ignore the law; or the power to change laws that have been violated in order to take no action over the NSA unlawful conduct. It remains to be understood what valuable consideration Members of Congress have been given to not assert their oath, do nothing, and assent to violations of the law. Whatever the reasons, the way forward is to list – as in the bill of rights – things government should do, and we can no longer assume they will do.
This Federal Government has no viable plan to assert the rule of law. It is not up to the voters to ‘wait around” until Congress decides to start doing their job. This “waiting around” problem was at the heart of the failure of the Continental Congress: The legislators felt it more interesting to engage in non-legislative activities.
Regardless the reasons for the failure of their Federal Government, the way forward is to compel the members of congress to do what they should do: Enforce the law, follow the law, ensure power is asserted, and that unlawful abuse of power is prevented.
In the blogosphere and in the open airwaves, the American government officials and individual lawyers have failed. They enjoy their childish games. They enjoy pretending they are for the rule of law.
Yet, they offer nothing of substance amounting to solutions. They would rather talk to those who do not listen; and rally the nation to causes that have no hope of progress. This is by design. The way one asserts power in America isn’t to solve problems and leave the political stage; rather, it is the opposite: To create messes, and rally the nation to your cause, regardless whether that mess is cleaned up.
Leaders in the legal community have failed. They blog about interesting things, but they do nothing to point to the real solution: American can tell the Federal Government to put up or shut up. The leadership vacuum has been noteworthy – many more interested in appearing on talk shows than discussing what new rules are needed to solve the problem. Rather, they would rather enjoy the limelight, than show the way to a real solution. This is another way of saying American lawyers are worthless.
The long string of abuses are self-evidently long. We have fine leaders like Senator Feingold are doing the right thing, but a chorus of chattering enablers who throw more oil into the grease fire.
The time to step back is at hand. The time to talk about needed reforms of the Constitution is clear. This Federal Government is broken. It has no consequence for failing to do what must be done: investigate, assert the rule of law, and mandate that the Federal officials lawfully assert power, and refuse to assent to unlawful conduct.
The way forward is to solve this problem, not simply do what isn’t working: Complaining, whining, and losing hope.
Rather, there’s every reason for hope: The public knows there is a viable alternative. We can put the lid on the Constitution which this Federal Government has already trashed.
Americans, your leaders have failed you. The prattle on the internet is of no help to you. You are being manipulated to keep doing the work of others. Leaders are those who will show you already have the power in you to solve this problem. The people who are wasting your time want you to pretend simple words are “fights” and that simple comments are ‘something other than what they are”: Assistance.
You have to decide whether you are going to be manipulated, or simply vote to assert your lawful power. There is no standing army that can prevent you from thinking; nor is there any huge mass of evil people who are going to burn down your way of life. Rather, there is simply a large body of lazy fiduciaries who gain their livelihood by sucking the life out you, making you believe “they have the way.” If they truly had the way, the would have given it to you, not forced you to assent to this non-sense.
You already know what can be lawfully done: Choose to force the Federal Government to meet the standards it imposes on others. All excuses this Federal government gives are simply that: Excuses.
There is a simple precedent for what is about to happen: The Magna Charta. People told the government what the new rules were. Nothing stopped it.
Some suggest that the people’s solution will not have legitimacy. Bluntly, that is illusory: This Federal Government has no legitimacy. So to accept one over the other is of no consequence. We can easily improve what is broken by mandating requirements where there is inaction.
Indeed, for over 200 years you have been dissuaded to act. Time is up.
Nothing prohibits changes to the constitution outside article V. No lawyer can point to any document that says this cannot be done. Rather, they admit that they – as the government – can only point to non-sense. Bluntly, to admit this late in the game – after 200 years of non-sense – that the people can do what the Federal Government refuses to do – simply admits that they have refused to lead for 200 years. That’s a long time. You deserve a very clean answer why they have wasted your time having you believe non-sense. Remember, the burden of proof rests with the lazy lawyers in the blogosphere, and the arrogant government officials who remain under investigation.
We might suggest that there are some threats of loss of contracts to those who advocate solving this problem. Self-evidently, this doesn’t address the problem so the threat is meaningless, merely evidence the need for a solution is clear.
The American Federal Government and legal community like to chime about their oath of office: To protect, preserver, and defend the Constitution. They argue this because they use it as an excuse to defend something from changes.
There is one small problem. For them to argue they have an “oath to assert” – as a pretext to not change what is defective – they have the burden of proof to show that they have asserted their oath and protected the constitution. The self-evident violations of the FISA and laws of war – with continued unlawful funding for that illegal activity – shows us the opposite: they have no asserted their oath; rather, they have assented to lawlessness.
IN short, the government and legal community have two standards on the oath of office. First they ignore it to assent to lawlessness; then they assert the oath in order to insulate themselves from change, and affirm what must be otherwise changed.
No one who has an oath has any credibility> they don’t do what is in their oath: Rather, they talk about it, but do the opposite: Assent to lawlessness. They cannot credibly rely on the oath to stop solutions, reforms, or improvements. Their “protections” of the Constitution has done nothing to protect our rights and prevent the abuse of power. They do not credibly argue they take their oath seriously.
The way forward is to impose consequences for the assent to unlawful conduct.
American citizens have been the victim of a big con game. You’re asked to absurdly bow down to non-sense. There is one goal of the discussions: To get you to enjoy struggling and make you familiar with conflict. This is not needed.
The way forward is to compel the Government to do – in writing – what they refuse to do after ignoring your phone calls, faxes, e-mails, and personal visits. You need not waste your time educating them: They are not listening, nor do they want to be educated.
Rather, it is time to tell them: This is the law, and we are in charge. You have no credibility. The time for the games has ended.
You are being manipulated to believe that you have no hope. In fact, it is this Federal Government that has no future. It will be lawfully transformed into something that is worth respecting, not the current cess pool that respects no law unless the weather is favorable.
The national leadership whines about preserving, protecting, and defending things. But they destroy people, documents, evidence, and confidence.
The American leadership and legal community oppose strengthening the constitution. They want you to be stuck. The worse your predicament, the more likely you are to run to them and offer links, make suggestions, and provide inputs. There is one small problem: You’re wasting your time. They have no interesting reminding you of where the solution really lies: Inside you, and your power to vote for improvements.
I’m not talking in November. I’m talking right now, for a new Constitution, one that will force this leadership and legal community to wake up, smell the coffee, and stop blogging about problems—and start leading toward solutions.
Ask the lawyers why they like to blog and appear on TV shows. Ask them why they like to lead big crusades to make change. The answer is simple: They like the attention. But if they were true leaders – they would remind you of your power to think for yourself, and solve this problem without their help. That’s where you are: You can solve this, there is reason for hope, and you need not waste your time running around trying to get others to notice what the NSA is or isn’t doing.
Rather, the way forward is to remind the Federal Government that the game is over; and we know our lawfully options to compel them to assent to the rule of la.
America’s leadership or not for change, or solutions, or progress. Rather, they do not want to give you the voice you already have: They want you to run to them, and speak through them – but they do not listen, nor are they interested in being reminded that they are meaningless. That is why they say nothing about what you could do.
There are options that are not prohibited, they are lawful, and they are not violent. They are merely an assertion of the power you already have inside of you.
This Federal Government does not respect your ability to lead, make choices, or oversee. Rather, this Federal Government has it upside down: They treat you like you are employees. On the contrary, the Federal Government is our employee – and they need to be reminded who they work for: Us.
We are not stuck, nor do we need to put up with their non-sense, excuses, or violations of the law. They refuse to assert themselves, and do not speak out.
Point to any leader who has told you what can be done to solve this problem: There is no leader who says there is no problem. Rather, they point to the clear skies, and say there is doom; they point to the people who say we have no WMD and call them liars.
The list is endless. They use non-sense to have you believe non-sense. The non-sense is that you have to put up with it, and that you have no hope. The reason you are frustrated is that you know there is a solution and alternative. You have options. This leadership is in your way; it is time you get in the leaders’ way: And compel them to quit violating the law, and start asserting power to check unlawful use and abuse of power.
Think about the Framers of the Constitution. There was a big debate about the Bill of Rights: “Do we really need them?” Some said the rights were obvious, and need not be written down.
The same goes today: This Federal Government complains that it does not have to be told what to do over matters of the law, oversight, or enforcement. The results defy this assertion.
As with the Bill of Rights, this Federal Government has to be told – in writing – that there are consequences for not asserting their oath, and assenting to unlawful abuse of power and violation of our rights.
The time for debate, asking, and negotiation is over. The time to tell the Federal Government is at hand.
Your job is to decide whether you want to continue to get the run around, or stand up for yourself.
Do you enjoy blogging on comments and talking to knuckleheads who like to whine, “There is nothing we can do”? Do you enjoy debating with those who assent to this unlawful rebellion? If so, continue doing that.
But for those of you who are exhausted and think there is another way – you’re right: There is another way. We can draft a new Constitution, vote on it, and then throw it at the Federal Government, “Follow this, or you’re in jail.”
No discussion, and no more listening to their non-sense excuses for inaction.
Real leaders would have spoken from the well of the chamber and told you this; but they are silent. Real leaders would have rallies the nation – and pleaded with the voters – “Hay, we are stupid in Congress – can you simply tell us to do our jobs.”
It is that simple. And this leadership failed to ask for help. That is a sign of a really big problem. Their problem. Not your problem. It is evidence they are unwilling to lead, nor are they willing to solve problems. They like you to continue commenting in the blogs; and want more phone calls; and want your letters to put into the Congressional Correspondence log. They aren’t going to do anything but make more speeches, and put up more information on their websites saying, “What’ they’re doing for you.”
What a load of non-sense.
They should be using their bully pulpit to outline a new Constitution – one that will solve this problem. But the failed leaders and defective legal community in the Federal Government and blogosphere have given you nothing.
What a load of baloney.
The US Constitution is the Supreme Law of the land. There are specific powers in it that are delegated. Nothing is implied. This President makes up non-sense to have you think otherwise.
He’s a war criminal. He has no evidence of any imminent threat.
The burden is on him to find the evidence – three years later, and we still have no evidence of an imminent threat. That sounds like a reasonable amount of time to let him put his defense together.
This leadership likes to talk about the “Supreme Law of the Land”. But who are they to decide what is “supreme” when they ignore the law. Obviously, their idea of “supreme” is at odds with the rule of law. We need to make their oath to that supreme law mean something; and if they ignore the law, we need to ignore their power.
No law is silent. This Congress pretends clear rules are not there. That is non-sense.
There is no law that prohibits us from telling Congress what to do.
For the Constitution to remain the supreme law of the land, there have to be personal liability risks on Members of Congress for failing to ensure it remains supreme.
This is called stripping them of their legislative immunity. They cannot argue they should be immune to prosecution when they do nothing about violations of the law; or when they send money to pay for wars that are not legal.
The new constitution would assert the supremacy of the Constitution and laws of the land in all case, and create a liability on members of Congress when they attempt to change the law in order to not enforce violations of the law.
The Constitution is the supreme law of the land. The way forward is to decide how to make it more supreme. To ensure it is enforced, followed, assented to, asserted, adhered to; and used as a mechanism to check power, protect rights, and lawfully assert power. Not that hard.
There need to be some credible consequences for not recognizing the supremacy of the law. This federal government needs to hold itself to the standards it imposes on others.
This leadership cannot explain why – despite the clear FISA statute and NSA unlawful conduct – we are not holding people to account for those violations.
Also, this Federal Government cannot explain why – despite rules against abuse – we sanction that conduct and fail to assert the rule of law on the Joint staff, SecDef, and President for their self-evident violations of that law under 5100.77, the Law of War program.
The purpose government is to lead and govern. This failed Federal Government has found it more convenient to do the opposite: Blame others, and descend into anarchy.
We need not assent to this non-sense. The way forward is to realize the People of the United States may lawfully redraft a new constitution with clear standards of conduct, and meaningful mechanisms to enforce those standards. This is called real accountability, not simply taking about it “accountability.” Accountability doesn’t mean you “might” do something at the ballot box; rather, it means there are consequences for failing to do what must be done: Enforce the law, follow the law, and ensure what should be done is done. This is called malfeasance. It remains to be explained by the lazy legal community why they are not talking about this; and why despite this many years of malfeasance and reckless leadership the legal community has not led the way to say, “We can solve this problem.”
No, they don’t want to do that for reasons and excuses they have yet to imagine. They are lazy, and enjoy pretending that “nothing can be done” so that you’ll spend more money wishing there might be a solution. The more desperate and hopeless you are – the more likely you’ll run to a fiduciary asking for help. That means one thing: You spend money enabling those who are not leaders to continue reminding you of non-sense: That you have no hope.
Get over it. You’re being used like a poodle.
The only goal of this failed legal community and Federal Government is to dissuade any action that might assert the rule of law over the legal community and Federal Government. Rather, they ratify violations of the law and make everyone dance around.
How you enjoying this? It’s going to get far worse.
The lazy lawyers in the legal community would also – when given the chance to talk about their “really big plans” – will do nothing to talk about a real solution: A new Constitution. What’s the big fear? Why silent on this “realistic solution”? No answer. SO why do are they still invited on the media? No answer.
Oh, then they whine, “We’ve got a netroots campaign.” Sure, just as long as nobody talks about the problem in the legal community: That they don’t want to talk about the real problems in the netroots: They’re not listening, nor leading.
Some argue that We the People cannot change the constitution; that this is unprecedented. Just because the Poole have been convinced to do nothing is not precedent; rather it simply shows us how much non-sense has piled up.
The legal community and government officials have no foundation to justify their inaction or leadership failure. They know the law. They know what is possible. We leave it for another day to discover what they have been given to assent to non-sense. Despite their legal training, we’re asked to believe their “really smart.” Wow, don’t smart people solve problems? Not this crew.
Some talk about the unpredictability of a popular vote – arguing that we can’t let the people make a choice on a new constitution. This argument fails. The people have always had the power to change the Constitution and tell the Government was is to be done.
Bluntly, the basis the government uses to say “this cannot be done” rely on factors and principles that they do not assert or provide: Predictability, stability, consistency, and reasonableness. For anyone in the legal community or Federal government to say that the changes might cause a problem – they’ve certainly missed the boat on what’s been going on. This Federal Government thrives on unpredictability, instability, inconsistency, and unreasonableness. That We the People throw the same back and demand the opposite is not a problem, but a solution.
The articles of Confederation are instructive. The same conditions of the Articles of Confederation exist in 2006. Both the Constitution and Articles of Confederation are defective.
But sets of rules fail to do what is needed: Get people to do their jobs, get the right thing done, solve problems, and impose standards of conduct on those we pay. The way forward is to ensure the new Constitution improves performance, protects, rights, and prevents abuse of power.
This failed legal community and government need to have their non-sense thrown at them. There is no merit to any argument they give for why this cannot be done; nor is there any basis to justify continued confidence in their leadership, plans, or “action plans.” They’re going nowhere.
Sure, if you’ve got a contract to continue working with these buffoons, by all means honor that contract.
But the way forward is to know that you don’t have to continue working for the idiots; rather, you can tell them where to stick it.
The legal community and federal government have one goal: To create the illusion that they are “the path” to the solution. Well, we have no solution, they are not a path, and all we’ve got are violated rights and abused power. That’s a failure. It’s their mess. And they haven’t cleaned it up because we haven’t told them we’re serious: Do your job, or you’re doing time.
They have one goal: To make you believe that nothing can be done, or that “their little way” is what is going to work. Feel free to continue calling: They may be picking up the phone, but they’re clueless.
We can solve this mess. We can modernize the constitution. We can mandate action to preserve the rule of law.
Don’t worry. This isn’t a mess, nor is it a disaster. This is simply about throwing their garbage back at them. No need to be polite about it – they have a really big credibility problem right now and no answers, but more non-sense excuses.
The American leaders are war criminals. They defy their oaths. And the public has the power to mandate that there be war crime trials; and lawfully compel them to assent to the court of law. Maybe they’re innocent – maybe they were really good at destroying evidence. But we need only look at the result: We have a war, but no evidence of an imminent threat. We have the opposite: Plenty of evidence of fraud, deception, and inaction.
The Federal Government has done a real number of America. It’s convinced them to do nothing. It remains to be understood who was specifically threatened if this option was mentioned or publicly discussed; and why the public has been fed this non-sense that we have no hope.
Get real. It doesn’t really matter why. The problem is the voters know they’ve been fed non-sense.
There is no excuse for not modernizing the constitution. It’s not as though the public is going to storm the Archives. Rather, they’re simply going to make things better. Is that so scary? Yes, to the fools in the legal community yes: It means the public will know enough about the law to know the legal community isn’t part of the solution, but the excuse.
Every day, this government and legal community has failed to protect the Bill of Rights. They’ve sat on their rear end while people are crying about what is happening: Lives turned upside down, excuses to violate the law, and more legal non-sense to ignore the protections.
We are not on the verge of a dictatorship. We’re on the verge of a new beginning. Each of you is now your own leader: And you can decide who is fully of non-sense, and who is giving you non-sense.
This failed leadership cannot explain what would prevent the majority from making improvements to the constitution and making reasonable changes outside Article V.
One excuse you’ll hear is, “We can’t change, because we have to defend it.” Well, that argument fails because they haven’t defended the Constitution – they’ve undermined it – they’re ignoring it – they’re assenting to as standard of conduct that is below what we told them we expected – and they are asserting others meet a standard of conduct they will not meet themselves.
That is called hypocrisy. Any excuse of “we can’t change because we have to defend it” is non-sense: they’re not defending what they now rely on.
Look at the failed argument in another way. They suggest that a popular vote on a new Constitution would ignore the present Constitution which has support.
But that is absurd. This Constitution has been trashed.
Surely, something – a new Constitution that is better – would improve the situation and would be equally as valid as the current document that gets ignored.
Article V of the Amendment Process is a burden on government to change the bill of rights. This federal government ignored the lawful Article V process.
What’s worse is the country assents to statues and conduct at odds with the law of law land. There’s no merit to any argument that the federal government or legal community is “concerned” about the law; rather, they’re concerned about their power that will be stripped when the public realizes that the abuses need not be seriously considered.
This government’s behavior – and legal framework and statutes – are consistent with the defects in the Articles of confederation: Ineffective, unworkable, and contrary to the law.
Some have raised questions about the popular vote on a newly drafted Constitution. They raise questions of legitimacy.
The issue of legitimacy is curious: Why the “big concern” with legitimacy related to improvements, but no equal and balanced concern about the illegitimate government conduct? Failure to state this argument on other matters makes the current claim merely an excuse.
The way forward is to focus on changes that are legal, lawful, improvements, recognized, and supported. The alterative is to have more of the same: Oaths that get ignored; and a constitution that is neither preserved, protected, nor defended.
A single action by one leader to preserve the Constitution would be better than what we have: No protection, disdain, and utter contempt for the people.
This Federal Government and legal community have confused reality and non-sense. The people are in charge; we have the power. We used the Constitution as the means to delegate power to the government and the employees who work in the government.
We the People are not your employees. You are not rude to us. We are going to continue to be direct with you – the approaches to date have failed.
There is a difference between power, ministerial duties, rights, responsibilities, and standards of conduct. No leader has the right to violate the law; nor do they enjoy any protected right to have a fair public debate.
Rather, the people have the power to be unfair to those who have abused their power, violated rights, and failed to do their responsibilities. This is called justice. Fairness and justice are not the same.
This legal community and federal government have not done their jobs. They are lazy. They have not protected what they promised to protect.
The constitution is not a document that they can ignore; nor is it something that they can credibly claim immunity for not protecting.
The only thing this government is doing is protecting themselves from reality to avoid accountability for their hypocrisy.
We the People are not your employees. We are not here to be abused or given the run around. Your job is to do your job.
If you have to be told – in writing , as now is self evident – of the specific cone3quences you will personally suffer because of you failure to honor your oath – then so be it. Your job is to follow the law; ensure that the constitution is protected; and strengthen our confidence that you are doing what you should.
We see the opposite. Government leaders have forgotten their purpose: To assert their power to protect rights, and prevent the abuse of power.
Government officials have no lawful authority to compel us to assent to this non-sense or violation of the law. They were not given power to compel us to their absurdity; or treat us like a government employee.
We the People can fix this mess. The leadership has failed. The legal community has their head in the clouds. US government officials and American lawyers are worthless.
The people in government know that there are options, but they do not speak out about what could be done. They know that the people could solve this problem.
They have done nothing to warrant confidence they’ve done their part to do what should be done: Fix the constitution.
Rather, they've done the opposite – they enjoy having people run to them with problems. This non-sense is their idea of “power.” It’s not power – its abuse: They’re not being straight with you. It’s a game.
Time to shut off the music.
The problem with the parties is that they like to assume the points the RNC is making. They don’t realize that they can throw it right back, and say, “This is baloney.”
The RNC has convinced the DNC not to do that, “Hay, you don’t want to do that, the voters might . . . “
The voters have already drafted changes the Constitution. Game over. The real issue is the defective Federal Government and the fact this nation has seven  months to hear a really good story why we should not revoke your power immediately with a new Constitution that lawfully transforms this failed system into something that resembles a responsive government.
If you like non-sense, continue with your nonsense. This legal community and government likes non-sense because it keeps We the People from focusing on reality: That they’re not doing their job, not asserting their oath, have no solution, and refuse to assert the law or stop the abuse of power.
Moreover, they’ve failed because they haven’t said what the real solution is: The people simply need to draft a new Constitution that is better, and puts the teeth into the law to compel the Congress and Executive to assent to the rule of law.
We need to continue to throw this problem back on the Federal Government and the legal community: This is their problem.
America is about one thing: Hypocrisy and using power to assert a fantasy.
All government statutes apply to government employees.
This government refutes to assent to the rule of law. It is not legitimate. They fail to meet a standard of conduct well rebuked when the Articles of Confederation were called what they were: Worthless.
Get writing and lets fix this mess. The legal community and American leadership have failed. The game is over. We can lawfully assert the rule of law and compel them to protect our rights and prevent the abuse of power.
Never tell people to do something you're not willing to do yourself. Sample solutions: [ Click ]
Exceptional situations: Excuses to not assert the rule of law with a New Constitution are frivolous. [ Ref ]
New Constitution or New Convention? [ Click ]