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Stop the Article v Convention by Peter Boyce

Stop the Article v Convention by Peter Boyce

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Published by Hal Shurtleff
A booklet written by Peter Boyce about the dangers of an Article V convention.
A booklet written by Peter Boyce about the dangers of an Article V convention.

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Published by: Hal Shurtleff on May 20, 2014
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What YOU are not being told about an Article V Convention

To fundamentally To fundamentally To fundamentally
transform America transform America transform America
would require would require would require
structural structural structural
(Constitutional) changes. (Constitutional) changes. (Constitutional) changes.
The Bill of Rights
Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free
exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people
peaceably to assemble, and to petition the Government for a redress of grievances.
Amendment II
A well regulated Militia, being necessary to the security of a free State, the right of the people
to keep and bear Arms, shall not be infringed.
Amendment III
No Soldier shall, in time of peace be quartered in any house, without the consent of the
Owner, nor in time of war, but in a manner to be prescribed by law.
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against
unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but
upon probable cause, supported by Oath or affirmation, and particularly describing the place
to be searched, and the persons or things to be seized.
Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a
presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces,
or in the Militia, when in actual service in time of War or public danger; nor shall any person
be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be
compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty,
or property, without due process of law; nor shall private property be taken for public use,
without just compensation.
Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by
an impartial jury of the State and district wherein the crime shall have been committed, which
district shall have been previously ascertained by law, and to be informed of the nature and
cause of the accusation; to be confronted with the witnesses against him; to have compulsory
process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his
Amendment VII
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right
of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined
in any Court of the United States, than according to the rules of the common law.
Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual
punishments inflicted.
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or
disparage others retained by the people.
Amendment X
The powers not delegated to the United States by the Constitution, nor prohibited by it to the
States, are reserved to the States respectively, or to the people.

Watch “Kid Constitution” on www.YouTube.com
What You Stand To Lose if an Article V Convention is triggered:
Lady Liberty (our U.S. Constitution) stands accused
of being inadequate and therefore the cause of America’s
problems. Her accusers demand she be put on the
Article V “Operating Table.”
Peter F. Boyce
U.S. Constitution Course Instructor
“Do not Drink the Con-Con Kool-Aid”
“I’m going to pick a fight!”
Would amending the Constitution cause
those we elect to obey it anymore than
amending the 10 Commandments
would cause thieves to stop stealing,
liars to stop lying, or Bill Clinton to stop
doing what he does?
They just can ‘t help themselves
If the defects are
not in our nation’s
Constitution but
rather in the hearts
of those we elect,
why the big push
for an Article V
“Constitutional Convention” (Con-Con)
“Convention of the States” (COS)
“Conference of the States”
“Amendment Proposing Convention of the States”
If it :
A) Is powered by resolutions from 2/3
of the State Legislatures (“walks like a
B) Calls upon Congress to convene a
Convention to amend the U.S.
Constitution pursuant to Article V
(“quacks like a duck”)
Then by definition, it is an Article V
Constitutional Convention. There is no
other venue for a Constitutional
Convention. “If it walks like a duck and
quacks like a duck then it is a duck!”
(Con-Con by definition)
Lady Liberty’s accusers insist their “Convention of States”
is not a Constitutional Convention. Regardless of phraseology, whether called a
Page 2
Page 11
These are just a few of the problems Americans are being led
to believe an Article V Convention could solve:
• Growing Federal Debt - Obey Article 1 Section 8 (would reduce
Government costs by 80%)
• Money being devalued through inflation – Article 1 Section 8 Clauses 5 &
6 requires Congress to “coin money and set the value thereof”. The FED’s
creation was unconstitutional.
• Illegal Immigration – Do duty under Article 4 Section 4 to “Protect the
States Against Invasion” (20 to 30 million violators of our borders constitutes
an invasion).
• No-win Wars – Article 1 Section 8 Clause 11 requires a Declaration of War
by Congress not any U.N. Resolution.
• Oppressive Environmental Regulations- No constitutional authorization
for the EPA to even exist. States must stand up and Interpose such
usurpations (10
• Abortion - Article 3 Section 2 - Empowers Congress to limit Supreme Court
and return the issue to the States. Pro-Life groups could fight/win on a level
playing field.
• Common Core – There is no constitutional authorization for the Federal
Government to be involved in education, or Health Care. States must use
• Energy Dependency – No Constitutional authorization for the Dept. of
Energy to even exist. States must Interpose for their citizens as is their
natural right and duty.
Problems Constitutional Solutions
“We are 5 days away from fundamentally
transforming the United States of America”.
~ Barack Obama
“Sometimes what is needed is not a change of
personnel, it’s a change of structure.”
~ Michael Farris
Head of Convention of States Project
“But it will not follow from this doctrine that acts of the large society
(Federal Government) which are not pursuant to its constitutional
powers, but which are invasions of the residuary authorities of the
smaller societies (State Governments), will become the supreme law of
the land. These will be merely acts of usurpation, and will deserve to be
treated as such. Hence we perceive that the clause which declares the
supremacy of the laws of the Union, like the one we have just before
considered, only declares a truth, which flows immediately and
necessarily from the institution of a federal government. It will not, I
presume, have escaped observation, that it expressly confines this
supremacy to laws made pursuant to the Constitution; which I mention
merely as an instance of caution in the convention; since that limitation
would have been to be understood, though it had not been expressed.”
Thomas Jefferson
We The People through our State
Legislatures must hold our federal
government accountable to the
Constitution based upon its meaning
as per “Original Intent”. The Founders
did not intend for The Supremacy
Clause to be a “blank check”.
Page 10
Requiring Article V
condition is
Is there
in our U.S.
Our Constitution Does Not
Need Surgery!
It Needs Those Who Swear An
Oath To It, To Honor
Their Oaths By Obeying It.
Page 3
Patrick Henry said the 1787 Convention
of the States (Con-Con) was a definite
“I would make this enquiry about those
worthy characters who composed a part
of the late federal convention…I have the
highest veneration for those gentlemen;
but sir, give me leave to demand, what
right had they to say, We the People?
…who authorized them to speak the
language of We the People instead of We
the States?… The people gave them no
power to use their name. That they
exceeded their power is perfectly clear
… The federal convention ought to
have amended the old system –for this
purpose they were solely delegated.
The object of their mission extended
to no other considerations.”
Patrick Henry
June 4, 1788
Speech at The Virginia Ratifying Convention
Was the Convention of the States in 1787 a “Runaway”?
Page 4
There has only been one Constitutional Convention in the history of America. It was
convened for the: “sole and express purpose of revising the Articles of Confederation”.
The delegates to a Constitutional Convention however are vested with sovereignty.
Thus unrestrained, the delegates chose to disregard their mandate to simply “revise
and amend”, deciding instead to scrap the Articles of Confederation altogether and to
replace them with an entirely new document, our present U.S. Constitution. The
delegates even went so far as to change the rules for the new document’s ratification.
Whereas the Articles of Confederation required unanimous ratification by all states, the
delegates knowing that some states would object, reduced the ratification requirement
to only ¾ of the states as per what is now in Article V.
By the Grace of God the delegates were God fearing men who
had just fought off the British at great personal sacrifice of Life,
Blood & Treasure. They gave us our present U.S. Constitution
What nature of men would be appointed as delegates today?
Constitutional Convention 1787
Page 9
“I doubt too whether any other
Convention we can obtain, may be able to
make a better Constitution. For when you
assemble a number of men to have the
advantage of their joint wisdom, you
inevitably assemble with those men, all
their prejudices, their passions, their
errors of opinion, their local interests,
and their selfish views. From such an
assembly can a perfect production be
expected? It therefore astonishes me,
Sir, to find this system approaching so
near to perfection as it does; and I think it
will astonish our enemies, who are
waiting with confidence to hear that our
councils are confounded like those of the
Builders of Babel; and that our States are
on the point of separation, only to meet
hereafter for the purpose of cutting one
another’s throats.”
Benjamin Franklin
September 17, 1787
Speech at the Constitutional Convention
Benjamin Franklin also expressed doubt as to the
wisdom of another Convention:
Michael Farris has stated that
anyone who says the
delegates exceeded their
authority is an “Enemy of the
What Col. Mason actually said regarding
Article V: as reported in James Madison’s
Notes of Debates in the Federal Convention
of 1787 Page 649:
“Col. Mason thought the plan of
amending the Constitution
exceptionable & dangerous. As the
proposing of amendments is in both
the modes to depend, in the first
immediately, in the second, ultimately,
on Congress, no amendments of the
proper kind would ever be obtained
by the people, if the Government
should become oppressive, as he
verily believed would be the case.”
Final paragraph of Article I, Sect. 8
“To make all Laws which shall be necessary and
proper for carrying into Execution the foregoing
Powers, and all other Powers vested by this
Constitution in the Government of the United
States, or in any Department or Officer thereof.”
COS promoters give false assurances that Congress will
only set the time and place for a Convention. But Congress
also has the Constitutional Authority to make ALL THE
LAWS GOVERING an Article V Convention.
There is not one quote from any Founder saying that Article
V was to be used to rein in abuses of power and violations
of the U.S. Constitution. As stated below by James Madison
in Federalist #43, the purpose of Article V is to CORRECT
ERRORS. (Funny how the COS crowd will never quote the
Federalist Papers and here’s the reason why:
Page 5 Page 8
“Don’t interfere with
anything in the Constitution.
That must be maintained,
for it is the only safeguard
of our liberties. And not to
Democrats alone do I make
this appeal, but to all who
love these great and true
principles. “
~ Aug 27, 1856
“America will never be
destroyed from the
outside. If we falter and
lose our freedoms, it will be
because we destroyed
ourselves.” ~Jan. 27, 1838
Abraham Lincoln
I have also repeatedly given my opinion that there is
no effective way to limit or muzzle the actions of a
Constitutional Convention. The convention could
make its own rules and set its own agenda.
Congress might try to limit the convention to one
amendment or to one issue, but there is no way to
assure that the convention would obey. After a
convention is convened, it will be too late to stop
the convention if we don't like its agenda. The
meeting in 1787 ignored the limit placed by the
confederation Congress "for the sole and express
With George Washington as chairman, they were
able to deliberate in total secrecy, with no press
coverage and no leaks. A constitutional Convention
today would be a free-for-all for special interest
groups, television coverage, and press speculation.
Our 1787 Constitution was referred to by several
of its authors as a "miracle." Whatever gain might
be hoped for from a new Constitutional Convention
could not be worth the risks involved. A new
convention could plunge our Nation into
constitutional confusion and confrontation at every
turn, with no assurance that focus would be on the subjects needing attention. I
have discouraged the idea of a Constitutional Convention, and I am glad to see
states rescinding their previous resolutions requesting a convention. In these
bicentennial years, we should be celebrating its long life, not challenging its very
existence. Whatever may need repair on our Constitution can be dealt with by
specific amendments.
Warren E. Burger
Chief Justice of the United
States Supreme Court
“It, moreover, equally enables
the general, and the State
governments to originate the
amendment of errors, as
they may be pointed out by
the experience on one side,
or on the other.”
Mark Levin claims that James Madison (the “Father of the Constitution”) strongly endorsed the use of
Article V to call a Convention. He somehow always seems to miss this quote:
James Madison said he “should tremble for the result
of a Second” Convention.
“You wish to know my sentiments on the project of another general
Convention… I shall give them to you with great frankness… If a
General Convention were to take place for the avowed and sole
purpose of revising the Constitution, it would naturally consider
itself as having a greater latitude than the Congress appointed to
administer and support as well as to amend the system; it would
consequently give greater agitation to the public mind; an election
into it would be courted by the most violent partisans on both sides;
it would probably consist of the most heterogeneous characters;
would be the very focus of that flame which has already too much
heated men of all parties; would no doubt contain individuals of
insidious views, who under the mask of seeking alterations popular
in some parts but inadmissible in other parts of the Union might
have a dangerous opportunity of sapping the very foundations of the
fabric. Under all these circumstances it seems scarcely to be
presumable that the deliberations of the body could be conducted in
harmony, or terminate in the general good. Having witnessed the
difficulties and dangers experienced by the first Convention which
assembled under every propitious circumstance, I should tremble for
the result of a Second, meeting in the present temper of America,
and under all the disadvantages I have mentioned.”
~ James Madison, November 2, 1788 ( Letter to George Thurberville)
“All men having power
ought to be distrusted to
a certain degree.”
~ James Madison speech at the
Constitutional Convention, July 11, 1787

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