This Morning! New Article V/Con Con Bill HB 1570
Representatives: VOTE NO on HB 1570 sponsored by Rep. Karilyn Brown AND VOTE NO on HB 1447 (Sec. of State) sponsored by Rep. Michelle Gray (no time to address her bill again).
HB 1570 is the 5th piece of Con Con legislation introduced in Arkansas this session, and now Rep. Karilyn Brown has entered the arena!
Americans don’t know that delegates to an Article V convention have “PLENIPOTENTIARY POWERS” and thus have the power (recognized in the 2nd paragraph of our Declaration of Independence) to throw off our present Constitution and establish a new one with a new (and easier) mode of ratification.
HB 1570 comes up today, February 24, 2017 at 9:00 am in House State Agencies and Governmental Affairs, Room 151 at the Arkansas State Capitol.
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Representative Karilyn Brown (R) |
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P.O. Box 6677, Sherwood, 72124 |
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Click here to read the bill HB 1570 on the Arkansas Legislature website.
Here is the wording in the bill if you’d like to read it without clicking on the link:
For An Act To Be Entitled
AN ACT TO PROVIDE STATUTORY GUIDANCE CONCERNING
INTERSTATE CONVENTIONS UNDER THE UNITED STATES
CONSTITUTION, ARTICLE V; AND FOR OTHER PURPOSES.
Subtitle
TO PROVIDE STATUTORY GUIDANCE CONCERNING
INTERSTATE CONVENTIONS UNDER THE UNITED
STATES CONSTITUTION, ARTICLE V.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
SECTION 1. Arkansas Code Title 7, Chapter 9, is amended to add an
additional subchapter to read as follows:
Subchapter 7 — Convention Called Under Article V of the United States
Constitution
7-9-701. Definitions.
As used in this subchapter:
(1) "Alternate delegate" means a person selected by the General
Assembly to represent the State of Arkansas at an Article V Convention if the
delegate is not able to serve or vote;
(2) "Article V Convention" means an interstate convention called
under the United States Constitution, Article V;
(3)(A) "Article V application" means the document calling the
Article V Convention adopted by:
(i) The United States Congress, if the Article V
Convention is called by the United States Congress under the United States
Constitution, Article V; and
(ii) A state legislature if the Article V Convention
is called for by application of the legislatures of two-thirds (2/3) of the
several states under the United States Constitution, Article V.
(B) The Article V application under subdivision (3)(A)(ii)
of this section shall be made by joint resolution passed by the General
Assembly;
(4) "Delegate" means a person selected by the General Assembly
to represent the State of Arkansas at an Article V Convention;
(5)(A) "Legislative instructions" means the instructions of the
General Assembly given to delegates and their alternate delegates regarding
the permitted scope of the Article V Convention.
(B) The General Assembly shall adopt legislative
instructions by joint resolution.
(C) Legislative instructions shall be consistent with the
scope of the convention as defined by the Article V application passed by the
State of Arkansas and relied upon by Congress to call the Article V
Convention; and
(6)(A) "Unauthorized amendment", except as provided under
subdivision (6)(B) of this section, means a proposed amendment that:
(i) Does not reflect the amendment text in the
Article V application under consideration; or
(ii) Is outside the subject matter permitted under
the Article V application as may be clarified by the legislative
Instructions.
(B) If the General Assembly has not passed an Article V
application relied on by the United States Congress to call the Article V
Convention, an "unauthorized amendment" means an amendment that:
(i) Does not reflect the amendment text permitted by
the thirty-four (34) Article V applications relied on by the United States
Congress to propose the Article V Convention; or
(ii) Is outside the permitted subject matter under
this state's legislative instructions or any Article V application relied
upon by the United States Congress to call the Article V Convention.
7-9-702. Certification of a delegate to an Article V Convention.
(a) The President Pro Tempore of the Senate and the Speaker of the
House of Representatives shall certify the selection of the delegate and
alternate delegate by written proclamation and provide a copy of the written
proclamation to the:
(1) Delegate;
(2) Alternate delegate;
(3) Secretary of State; and
(4) Article V Convention.
(b) A person shall not serve as a delegate or an alternate delegate
without the written proclamation in his or her name under subsection (a) of
this section.
7-9-703. Delegate to an Article V Convention — Duties and limitations.
(a) In order to be considered for the positions of delegate or
alternate delegate, a person shall take the following oath:
"I do solemnly swear or affirm that to the best of my abilities, I
will, as a delegate or alternate to an Article V Convention, uphold the
Arkansas Constitution, the United States Constitution, and laws of the United
States of America and the State of Arkansas. I will not vote to allow
consideration of, to consider, or to approve an unauthorized amendment
proposed for ratification to the United States Constitution. I understand
that violation of this oath will result in my immediate recall and
replacement at the Article V Convention and that additional criminal
penalties may be imposed on me under Arkansas law."
(b) If a delegate votes or attempts to vote to allow consideration of,
to consider, or to approve an unauthorized amendment for ratification to the
United States Constitution, the:
(1) Delegate is ineligible to serve as a delegate;
(2) Delegate's certification under § 7-9-702(a) is revoked; and
(3) Delegate shall be immediately replaced by an alternate
Delegate.
(c) A vote cast or attempted to be cast by a delegate under subsection
(b) of this section is null and void.
(d) Upon the request of a delegate or alternate delegate, the General
Assembly shall provide guidance to the delegate or alternate delegate
concerning whether a proposed amendment is within the permitted subject
matter of the Article V Convention.
(e)(1) If a delegate knowingly violates the oath contained in this
section, the delegate is guilty of usurping, overturning, or seizing
government under § 5-51-204, a Class B felony.
(2) A person convicted of a violation under subdivision (e)(1)
of this section is barred from holding public office or state employment from
the date of his or her conviction.
Legislators, pay attention! Article V delegates to Congress the power to “call” the convention. The necessary and proper clause (Article I, §8, clause 17) delegates to Congress the power to make all laws necessary and proper to carry out its power to “call” the convention.
All the States can do is apply for an Article V Amendment Convention (Con-Con), and after that,Congress takes over, and the states are done! Period! (See Article I, §8, clause 17)
But Rob Natelson — author of the American Legislative Exchange Council (ALEC) handbook written for State Lawmakers and representing corporate America — deceptively insists that the necessary and proper clause does NOT delegate to Congress the power to organize & set up an Article V Convention. See Article I, §8, clause 17.
Hello?! The April 11, 2014 Report R42589 “The_Article_V_Convention_to_
IMMEDIATE ACTION: Email and call the Representatives on the House Committee on State Agencies and Governmental Affairs ASAP, and tell them to VOTE NO on HB 1570 AND HB 1447. You may copy and paste the hyperlinked names below — they will become email addresses when you paste them into your “TO” in your email — and you can send ONE email to all of the committee members at one time.
andy.davis@arkansashouse.org
jim.dotson@arkansashouse.org
charlotte.douglas@
trevor.drown@arkansashouse.org
kenneth.ferguson@
michelle.gray@arkansashouse.
kimdhammer@yahoo.com
kim.hendren@arkansashouse.org
housedouglas@gmail.com
josh.miller@arkansashouse.org
brandt.smith@arkansashouse.org
james.sturch@arkansashouse.org
dwight.tosh@arkansashouse.org
jeff@jeffwardlaw.com
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Title |
Name |
Phone |
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District |
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Representative |
Bob Ballinger, Chair |
97 |
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Representative |
Jack Ladyman, Vice Chair |
59 |
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Representative |
Andy Davis |
31 |
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Representative |
Jim Dotson |
93 |
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Representative |
Charlotte V. Douglas |
75 |
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Representative |
Trevor Drown |
68 |
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Representative |
Jon S. Eubanks |
74 |
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Representative |
Kenneth B. Ferguson |
16 |
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Representative |
Justin Gonzales |
19 |
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Representative |
Michelle Gray |
62 |
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Representative |
Kim Hammer |
28 |
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Representative |
Kim Hendren |
92 |
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Representative |
Douglas House |
40 |
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Representative |
Josh Miller |
66 |
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Representative |
Warwick Sabin |
33 |
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Representative |
Brandt Smith |
58 |
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Representative |
James Sturch |
63 |
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Representative |
Dwight Tosh |
52 |
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Representative |
Jeff Wardlaw |
8 |
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Representative |
Richard Womack |
18 |
Stay tuned!
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Secure Arkansas
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