Third Party & Independents Archives

Article V - Moving On Up

Some readers may not be aware of the latest development regarding Article V Convention now being played out over the next few months. Mr. John Guise of Sharpsburg, Ga. has filed a federal criminal complaint against members of congress for failing in their oath of office to obey the Constitution.

The complaint stems from a previous lawsuit, Walker vs Members of Congress, in which the Solicitor General acknowledged that a call to AVC was 'peremptory' and that a sufficient number of applications from the states had been submitted as to cause congress to call a convention.

In his complaint Mr. Guise points out that congress is in criminal violation after four separate unanimous Supreme Court decisions to the effect that congress must comply when 2/3rds of the states call for a convention. He writes: "The fact this nation has never held an Article V Convention does not excuse federal officials from their mandated duty prescribed not only in federal law but in the Constitution as well. The fact they have acted as they have, however, fully explains why we have never had a convention; deliberate and willful acts on the part of Congress to refuse to obey the Constitution."

According to Mr. Guise he reported the violation to federal offices, The Senate Committee On Ethics, and the FBI. Federal officials ignored him, the ethics committee said they had no interest in pursuing the matter and the FBI addressed him as FBI Agent Stephen E. Ibison.

I received similar correspondence when I requested my representatives position on AVC. Senator John Warner, deceased, related congress had no interest in AVC and Rep Eric Cantor's office provided a poor description of AVC. Clearly, one needs to be part of the Corpocracy to get good answers,

The John Guise Federal Criminal Complaint was received by the DOJ on Jan 17th, 2012. Attorney General Eric Holder had 30 days, circa Feb 21st, to conduct a prelim and decide whether it is in "the public interest" to require members of Congress to obey the Constitution. AG Holder forwarded the complaint to the FBI Criminal Division whereby the AG now must notify the court to proceed or decline no later than May 9th.

It is a given that the FBI will provide the AG with a 'workaround' but this won't be the end of the fight, fer shure.

Otherwise - - -

Posted by Roy Ellis at March 1, 2012 11:52 AM
Comments
Comment #337578

Another approach to forcing the 545 to give in to the people on Article V is to push for a new amendment to the constitution. This amendment would make violation of the oath of office by an official an impeachable offense. Here is a well written article toward such an effort.

http://www.article-v-convention.com/files/28th-amendment.html

I like this proposal as a way of holding elected officials accountable. However, I can’t see the 545 giving in to Article V or enabling the passage of a new amendment that would limit their perceived power. They have taken rights unto themselves that were not, is not allowed under the constitution and they will not easily give that up.

The one, fer shure, way I can see a path to real reform is through a new political party. Build a party that incorporates rules to prevent co-option. Set the primary mission to remove the influence of money from politics/gov’t through working to abolish corporate personhood. For this mission implement a rule whereby an elected official of this party can be rejected by popular, national or state wide vote, as the case may be, if that official fails to follow the party agenda re abolishing corporate personhood, As corporate personhood is abolished the money influence in politics can be controlled through federal legislation. As the party gains more representatives the mission can turn to implementing REAL campaign finance reform. That can be followed with implementing Article V and similar needed reforms.

Otherwise - - -

Posted by: Roy Ellis at March 3, 2012 9:21 PM
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