Publius Huldah vs. Article V: Part V

      19 Comments on Publius Huldah vs. Article V: Part V

publius-huldahPublius Huldah. Near 30:30 minutes into her speech, Ms. Huldah posits that James Madison opposed the state convention method in Article V. She cites The Federalist #49, and a private letter from Madison to a Virginia legislator named George Lee Turberville.

Rodney Dodsworth Response. Considering that Madison made provision for amendments in his Virginia Plan of Government, and his notes of the federal convention do not reflect hostility to Article V, the bar must be set high for anyone to claim that Madison opposed a state convention to propose amendments.

Ms. Huldah failed to clear the bar. Those who rely on her interpretations of readily available source material do themselves a disservice. In a blog post here, I relate how Madison dealt with the problem of legislative usurpations raised in The Federalist #49 and #50. He emphasized the structure of government, rather than the virtue of its participants, in the form of natural checks and balances as the means to keep free government. Again, and again, from the early 1780s onward, James Madison emphasized the necessity of properly designed institutions to keep free government.

Ms. Huldah’s glib summary of Madison’s letter to George Turberville in late 1788 is an especially irritating rewrite of history. Earlier in 1788, Madison wrote of Article V in The Federalist #43: “(it) seems to be stamped with every mark of propriety. It guards equally against that extreme facility, which would render the Constitution too mutable; and that extreme difficulty which might perpetuate its discovered faults.” Are we to believe that Madison bounced from support to opposition between January and November? I analyzed Madison’s letter in the context of 1788 politics here, in a November 2nd 2016 blog post.

Publius Huldah. “Are there violent partisans and individuals with insidious views among us today? Yes, and they want a convention.” Do you trust congress? How about state legislatures? Do you trust popular elections to appoint moral and wise delegates?

This is the most corrupt period in our history. Baby killing, oath-breaking, responsibility-shirking. Moral and wise people haven’t overseen anything in over 100 years. The con-con lobby has deceived people because they don’t know the Constitution already limits the federal government to twenty-one or so enumerated powers. Because we don’t know, we have been manipulated into believing that the Constitution is the problem. Americans had better start using their heads.

Rodney Dodsworth Response. The fundamental difference between Article V proponents and opponents is their estimation of the sovereign people. Ms. Huldah looks across the nation and sees nothing but rot, a rotten society, and its mirror in a rotten government. Not only is society not to be trusted at an Article V convention, but by her logic, America 2016 isn’t capable of self-government at all. She is correct in that Soros-supported groups work with the democrat party to destroy our nation. However, by a narrow margin, America rejected the tool of Soros, Hillary Clinton. While American society isn’t virtuous, neither is it as corrupt as Ms. Huldah describes. Global elites came very close to winning, and without the assistance of Article V.

Looking closer at our situation, COS and Article V supporters know that corruption flows downward from government, pop-culture, and academia. Outside of a few anarchists, we all want strong families, decent jobs, safe streets, an educated populace, and liberty. Yet federal courts, executive branch regulations, media, and educators at all levels work to undermine the society upon which republican government depends. These institutions are outside the reach of the electoral process and, if left alone, are sure to eventually complete the corruption that Ms. Huldah fears.

Can an Article V convention of the states be abused? Of course. No God-given right or privilege is immune. We all have free will, yet possible abuse is an insufficient reason to deny the exercise of God’s gifts. Slander and libel are corruptions of free speech and press, but few would deny 1st Amendment protections based on its possible abuse. As described in previous posts to this series, state legislatures will send delegates limited by detailed commissions to an amendments convention. Yes, respected men and women will be entrusted to do their duties in accordance with state law backed up by felony punishment in the event a delegate goes rogue. To realize Ms. Huldah’s nightmare, an unrealistic, improbable and enormous cabal of state legislators and congress must conspire with Soros’ affiliated groups.

Article V opponents typically equate an Article V state amendments convention with congress, an institution in which freedoms and rights are easily traded away today for money, media support, and reelection tomorrow.

This is an erroneous comparison, for congress is popularly derived and thoroughly corrupted from its designed purposes. An Article V convention will be new, fresh, uncorrupted, and federal, just like the only other remaining federal institution from 1787, the familiar Electoral College (EC).

Like an Article V amendments convention, operation of the EC is extra-congressional and controlled by the states. Not only congress, but the executive and judiciary have no more authority to regulate or participate in the deliberations or parliamentary rules of an Article V convention than they do to direct the EC. Both federal institutions derive their independence from discrete sources in the Constitution itself. Like the EC, an Article V convention is temporary, and neither can be made subservient to any branch of the government. This renders the Article V convention distinct from, and superior to, the three existing branches.

I ask Ms. Huldah, if the states are so wild and politically insane such that everyone should fear the outcome of a convention, why haven’t we experienced a ‘runaway’ session of the EC? States do not have to cast their votes for the nominee of any political party. The EC is a one-day event outside the control of congress or scotus. Why hasn’t the EC proved to be dangerous? How often do electors disobey their duty under state law?

Publius Huldah. Amendments don’t control government.

Rodney Dodsworth Response. Ms. Huldah contradicts herself. When she admonishes the nation to just follow the existing Constitution, she presumably includes its twenty-seven amendments.

Like the body of the Constitution, there are various soft and hard clauses (See Part I) among the amendments. For instance, the 27th Amendment prohibits congressional pay raises until after the next election. Lawmakers avoid the spirit of the 27A through the subterfuge of automatic, inflation adjusted pay increases. Like so much of the Constitution, the 27A is disregarded because no structural check or private interest group exists to pressure congressmen into observance.

On the other hand, hard clauses are obeyed. The 13th Amendment banned slavery, while the 17th Amendment established popular election of senators.

As demonstrated by logic and a couple hundred years of experience, the key to restoration of free government is the reestablishment of institutions which naturally check encroachments of the Constitution. This concept isn’t complex; it was recognized in 1787 and served America very well until 1913. Ms. Huldah’s assertion that amendments cannot control the government is overly broad and misleading. Properly designed amendments, like those from Mark Levin, can certainly lead to the restoration of free government.

We are the many; our oppressors are the few. Be proactive. Be a Re-Founder. Join Convention of States. Sign our COS Petition.

19 thoughts on “Publius Huldah vs. Article V: Part V

  1. cliff wilkin

    Rodney, great demonstration of evindence in support of Liberty.

    Why would any American citizen not want a debate in favor of more freedom and self government? Do we really want more centralized government telling us how to live our daily lives? Wouldn’t you prefer you and your local community decide what is best?

    As with previous comments to this series, Huldahists along with liberal fearmongers were soundly defeated in their home state. True Patriots can march forward with complete confidence in the safety of Article V convention of states. The highest bar is set throughout the process including 67 state house requirement for the specific subject Call, instructions (including criminal penalties) provided by each state for their commissioners, and 75 (out of 99) state house requirement to ratify for each and every individual proposal. A simple minority of 13 (out of 99) state houses can block any Proposal by simply doing nothing.

    “Publius Huldah” (real name: Joanna Scutari) lives in Tennessee where the General Assembly flatly rejected her arguments by votes of 23-5 in the Senate and 59-31 in the House becoming the 5th state in 3 years to Pass the COS Project Resolution. http://www.cnsnews.com/news/article/barbara-hollingsworth/tennessee-becomes-5th-state-pass-resolution-calling-article-v Watch these COS Tennessee citizen enforcers/refounders at https://www.youtube.com/watch?v=3ff-qZus0CQ

      1. Carol Menges

        We don’t need Trump to do anything at all, as you well know. This goes ahead with no help from the Executive and Judicial Branches whatsoever. Check out the website, sign the online petition that goes to your state legislators, and volunteer to help patriots throughout the nation. There are many legislative districts that still need District Captains within states. Take that on whether you live in a particular district or not. There are wonderful Tuesday evening online training calls (9:00 PM Eastern Time; they’re also recorded for watching at your convenience) that have been enormously helpful to me. They’re informative and inspirational. You’re needed on deck! http://www.conventionofstates.com

        1. Rodney Dodsworth Post author

          While the COS project alone is capable of leading the nation to an eventual A5, the movement would get an incredible boost if DJT announced his support.

  2. Gary Rosenbaum

    Thanks Rodney… Great job in defence of liberty…If we ever expect to return this country to its greatness, their is only one way…. An Article V Convention of States…Doesn’t matter if you are a Republican or a Democrat. we have to bring common sense back to our government, and the place to start is a Convention of States…One by one our rights are being taken away by executive order, administrative acts & judicial overreach. The States created the Federal government and its now time to take the power back. Its time for an Article V Convention… it may be a long shot, but it also is our only shot to peaceably & constitutionally restore our Constitution. Watch this video of Sen. Mike Lee of Utah explain why we need to do this: http://dailysignal.com/2016/09/29/watch-mike-lee-tell-americans-to-expect-more-of-congress-in-facebook-live-manifesto/
    Visit here to learn more, sign the petition, and sign up to volunteer: http://www.cosaction.com/?recruiter_id=1636326

    1. Rodney Dodsworth Post author

      “Doesn’t matter if you are a Republican or a Democrat. we have to bring common sense back to our government, and the place to start is a Convention of States . . . ”
      Agree.
      With apologies to Edmund Burke, I say here, in a convention of the states and subsequent ratification conventions, are the deliberative assemblies of one people, one nation, with one interest, that of the whole, where, not local purposes, not local prejudices are the guide, but the general good, resulting from the general reason of the whole.

  3. Stoney DeVille

    The American people are great! Three-fourths of them agree on a few things. A few things that would really help. Let’s do them! Term Limits, Balanced Budget, New Tax Code, and Reclaim the Senate. It’s ironic that those who think the American people are not fit to govern themselves are the ones who don’t want a Convention of States for the purpose of self-governing. Maybe they would be fine without a constitution at all, or states for that matter. Let’s improve the situation for our children as intended!

  4. Steven Jackson

    I love the Constitution largely because it liberates “We the people” and helps protect we the people from tyranny including the form of tyranny of excessive and intrusive big government. I believe in we the people not we the government. For this reason I too love the COS agenda to protect our liberties from an over-reaching big government. I am thankful for people like Rodney Dodsworth who stand up to protect our liberties that our Founding Fathers gave to us.

  5. John Williams

    Hooray to you all! Carol, Gary, Steven, Rodney, Stoney and Don. Great comments to this Lady from Tennessee who brings to my mind visions of an Ancient Greek Statue with inscriptions that are meaningless to our modern culture. I would give her more credence if she would publish using her given name.
    Article V is our only way out of this mess. As Mark Meckler of COS said, (paraphrased), It’s not a question of how the mess can be cleaned up, BUT who will decide.
    I’m voting for “The People” The Silent Majority are not Dead or Asleep”. They are no longer silent and have raised their Voices in resounding thunder. Never have I seen the concern for our Nation and it’s health as in this past election cycle. Voters who crossed over or never voted before 2016, and the youth, who haven’t been well educated in our public scrools, but started their own Patriot Clubs to offset the anemic education of our Great Country’s True History___They are alive and well and will drive this COS Action to completion no matter how long it takes. Our Founders gave us a way; Let’s do it!
    Visit and join: http://www.conventionofstates.com

  6. Bob Buckley

    I believe P. Huldah’s heart and mind are in the right place. She revers our Founders and Framers and doesn’t believe their documents should be tampered with by people she clearly feels are inferior. Maybe we could never craft anything as fine as our Constitution but if it were so sancrosanct, Article 5 would have been omitted. The owner of a Ferrari could probably not build one but after taking it for a spin could certainly know if all systems were go. Our freedoms have been clearly usurped by an overreaching Federal Govt. that will never give up their power unless they have to. That’s where an Article 5 convention of states can help them see the light. Although the argument can be made that the Constitution is currently being ignored and why would a few amendments make any difference. An argument can also be made that amendments proposed and ratified currently will carry more weight than from, what many elites perceive, sexist, racist white guys over 200 years ago. Doing nothing is not an option.

    1. Rodney Dodsworth Post author

      Well said. I’ll only add that throughout my nearly 200 blog posts, I’ve consistently argued that the only worthwhile amendments are of a structural nature that cannot be abused or reversed by the exec and judiciary.

  7. Clayton Bink

    An article V Convention of States is the ONLY ANSWER to the out-of-control federal bureaucracy.
    It is time: for WE-THE-PEOPLE to make our voices heard.
    It is time: to get our fiscal house in order.
    It is time: to say “NO” to career legislators.
    It is time: to answer the question, “Who Decides?”
    I haven’t heard any solutions coming from those opposed to a Convention of States: all I hear is fear.

    Here is why it will work, and why it is safe. One of the few proposed amendments is for term limits. This alone puts We-the-People back in the driver’s seat. It also sends the message that, what we accomplish once we can do again. This is an exercise in citizenship. The big government people have been active at it for quite some time. Now it is time for the limited government people to step up and use social media to exert our authority.

    As to why it is safe; the Founders were brilliant when they inserted Article V. It requires a supermajority to propose and ratify new amendments. It only takes half of the legislatures in 13 states to deny ratification. We, limited government folks have enough influence, in enough states, to stop any pro government amendments from passing. This is a long game strategy. It is also the only way that we can reign in these out of control faceless bureaucrats. We can put enough pressure on our State legislatures to get this done!
    If not me, who? If not now, when?

    Check it out here: http://www.conventionofstates.com
    #LibertyFirst
    #ConventionOfStates
    #GetInvolved

    Look here to volunteer: http://www.cosaction.com/?recruiter_id=1082678

  8. Paul Adcock

    It’s quite simple to disprove Publius Huldah’s argument that James Madison opposed Article V.

    Let’s look at some facts

    1.) James Madison was a delegate to the Constitutional Conveniton.
    2.) ALL the delegates at the Constitutional Convention voted to ADOPT Article V.

    So, by looking at facts 1 and 2, it can be inferred by logic that since James Madison was a delegate to the Constitutional Convention and ALL of the delegates voted to adopt Article V, then James Madison MUST have voted to adopt Article V and thus couldn’t have feared it enough to not vote for it.

  9. Laurie

    Our Founders gave us a republic…if we could keep it. The Founders provided Article V of the Constitution to allow We the People to be a check on the abuses of federal power. Article V of the Constitution allows We the People to petition their state legislatures to call a Convention of States to propose amendments to rein in the
    power of the federal government and return power to the states. Learn more, sign the petition
    and join our grassroots movement at http://www.conventionofstates….

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