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Convention Supporters’ Myths about State Control of Delegates – Publius Huldah

By Publius Huldah


Convention supporters assure us that the States will have control over Delegates to an Article V convention.

That is not true.

The Truth is States have no power over the convention at Art. V.  All they can do is “apply” to Congress for Congress to “call” a convention. THIS CHART by Judi Caler shows who has the power to do what respecting an Article V convention.

Delegates to an Article V convention are performing a federal function – they are not under the authority of the States.


Furthermore, Delegates are the sovereign representatives of The People and thus are vested with plenipotentiary powers to alter or abolish our form of government – our Constitution (Declaration of Independence, 2nd para).


This has already happened once in our history:

At the Federal Convention of 1787, this plenipotentiary power was exercised to replace our first Constitution, the Articles of Confederation, with the Constitution we now have. On February 21, 1787, the Continental Congress called a convention “for the sole and express purpose of revising the Articles of Confederation”. But instead of proposing amendments to our first Constitution, the Delegates wrote a new Constitution – the one we now have.

Furthermore, the new Constitution had a new and easier mode of ratification: Article XIII of The Articles of Confederation (p 8-9) provided that Amendments to the Articles had to be approved by the Continental Congress and all of the then 13 States. But the new Constitution, drafted at the “amendments” convention of 1787, provided at Art. VII thereof that it would be ratified upon approval by only nine of the then existing 13 States.

And the Delegates to that convention disregarded the instructions of their States as well as the instructions of the Continental Congress.

So! Not only do Delegates to a national convention have this plenipotentiary power to impose a new Constitution; the precedent to do so has already been established.

It is child’s play to figure out how to get around State’s “faithful delegate” laws.  This is how to do it:

Delegates can vote to make the proceedings secret – that’s what they did on May 29, 1787 at the federal convention where our present Constitution was drafted.

  • If the proceedings are secret, the States won’t know what is going on – and can’t stop it.
  • And if Delegates vote by secret ballot – the States would never know who did what.

So!  Do you see?  It would be impossible for States to prosecute Delegates who ignore State instructions.

Is it any wonder that James Madison, and Supreme Court Justices Arthur J. Goldberg and Warren Burger said that Delegates to an Article V convention can’t be controlled?

When James Madison and two former US Supreme Court Justices have warned that delegates to an Article V convention can’t be controlled, it is wicked to dismiss their warnings as “fear mongering”.

Publius Huldah

SEE ALSO:

Why the Article V Convention Must Be Opposed

by Jay Stang, Texas Oath Keepers President and member of our Board of Directors

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11 comments

  1. That’s all fine and good, but they aren’t abiding by the Constitution now. Especially the “Bill of Rights,” so what possible Amendment would bring them to heel?

    1. The US Constitution and the Second Amendment, but one needs to understand it, to understand our own duties to it. The answer you are seeking is found within its pages, short though that document be.

      Daniel Webster: “We may be tossed upon an ocean where we can see no land – nor, perhaps, the sun or stars. But there is a chart and a compass for us to study, to consult, and to obey. That chart is the Constitution.”

      Thomas Jefferson said: “Our peculiar security is in the possession of a written Constitution. Let us not make it a blank paper by construction”.

      James Madison said: “Do not separate text from historical background. If you do, you will have perverted and subverted the Constitution, which can only end in a distorted, bastardized form of illegitimate government”.

      Thomas Jefferson: “When once a republic is corrupted, there is no possibility of remedying any of the growing evils but by removing the corruption and restoring its lost principles; every other correction is either useless or a new evil.”

      Thomas Paine: “THOSE who expect to reap the blessings of freedom, must, like men, undergo the fatigues of supporting it. The event of yesterday was one of those kind of alarms which is just sufficient to rouse us to duty, without being of consequence enough to depress our fortitude. It is not a field of a few acres of ground, but a cause, that we are defending, and whether we defeat the enemy in one battle, or by degrees, the consequences will be the same.”

      John Adams wrote to Abigail April 26, 1777 and said: “Is it not intolerable, that the opening Spring, which I should enjoy with my Wife and Children upon my little Farm, should pass away, and laugh at me, for laboring, Day after Day, and Month after Month, in a Conclave, Where neither Taste, nor Fancy, nor Reason, nor Passion, nor Appetite can be gratified?
      Posterity! You will never know, how much it cost the present Generation, to preserve your Freedom! I hope you will make a good Use of it. If you do not, I shall repent in Heaven, that I ever took half the Pains to preserve it.”

      The US Constitution REQUIRES that those who serve within our governments use the Militias of the several states for the purposes of…
      — Enforcing the US Constitution (supreme Law) and each state’s Constitution (highest Law of the state),
      — Enforcing and keeping the “Laws of the Union” (which are constitutional laws ONLY),
      — Protecting the country against all enemies both domestic and foreign, and
      — “suppressing Insurrections and repelling Invasions”

      This is found in Article 1, Section 8, Clause 15: “To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel invasions.“

      By that requirement they are forbidden to use any other agency for those purposes. But the excuse is, when one is given, that there are not enough people who are trained as the congress requires the military to be trained, knowledgeable about the US Constitution and their own state’s Constitution to be able to do those duties in our nation today. That, and to assist us by freeing up our time from those onerous duties, is why there is governmental law enforcement and a also forbidden standing military (not because it would cost Generals and defense contractors MONEY, prestige, reputation, power); and, of course, not because it makes it easier to use their internal “military” against the people as history shows us is ALWAYS done.

      The duties that those who serve within the general (federal) and state governments have TO THE Militias is found in Clause 16.

      Clause 16: “To provide for organizing, arming and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress”.

      George Washington: “It may be laid down, as a primary position, and the basis of our system, that every citizen who enjoys the protection of a free government…, but even of his personal services to the defence of it, and consequently that the Citizens of America (with a few legal and official exceptions) from 18 to 50 Years of Age should be borne on the Militia Rolls, provided with uniform Arms, and so far accustomed to the use of them, that the Total strength of the Country might be called forth at Short Notice on any very interesting Emergency.” (“Sentiments on a Peace Establishment”, letter to Alexander Hamilton; “The Writings of George Washington”)

      St. George Tucker: “The Federal Government is the creature of the States. It is not a party to the Constitution, but the result of it – the creation of that agreement which was made by the States as parties. It is a mere agent, entrusted with limited powers for certain objects; which powers and objects are enumerated in the Constitution. Shall the agent be permitted to judge of the extent of his own powers, without reference to his constituent?” (Justice of the Virginia Supreme Court, in his edition of ‘Blackstone’s Commentaries On The Law’ (1803))

      Patrick Henry, American colonial revolutionary: “The liberties of a people never were, nor ever will be, secure, when the transactions of their rulers may be concealed from them.”

      St John Tucker: “The congress of the United States possesses no power to regulate, or interfere with the domestic concerns, or police of any state: it belongs not to them to establish any rules respecting the rights of property; nor will the constitution permit any prohibition of arms to the people;…”

      Abraham Lincoln: “We, the people, are the rightful masters of both congress and the courts – not to overthrow the constitution, but to overthrow men who pervert the Constitution”.

      Something to consider…
      When (if?) one reads the Declaration of Independence they should take notice that it says that the American colonies of Great Britain had become “free and independent states”. They are separate states, not a single huge – ruled from Washington DC – nation. What seems to have been forgotten or never learned by most is that the GENERAL government (which most call federal) was created for was to be a representative of all the states (hence state reps sent there) to deal with mostly foreign affairs. This made it so that all states were under the same treaties, agreements with foreign nations. Within the U.S. Constitution it constantly and consistently refers to the states, but never to a single all-in-one “nation”.

      John Adams: “Liberty cannot be preserved without a general knowledge among the people, who have a right… and a desire to know; but besides this, they have a right, and indisputable, unalienable, indefeasible, divine right to that most dreaded and envied kind of knowledge, I mean of the characters and conduct of their rulers.” (A Dissertation on the Canon and Feudal Law (1765))

      1. Completely Agree! So back to the original question; “What possible Amendment would bring OUR Government back into attainment?”

        It appears you suggest calling forth the several states militias. That would serve our purposes dutifully, if they were still intact as the “Several States Militias” clause was written.

        I don’t know about all the States that comprise the Union, but here in Washington we have a law that states; “anyone who forms a group for the purpose of training folk to overthrow the government is subject to a possible felony charge.” There’s a reason that good solid militia has not formed in WA. Thinking about out loud though, maybe it’s time we buck the system?

        I have suggested for some time that it is time to form a “Continental Congress.” It’s time to coordinate ourselves just in case of the worse case scenario. No one seems on board, at least not yet…..time will tell.

      2. You left out, ” Sometimes the tree of Liberty must be watered with the blood of tyrants and patriots.”

  2. So, to be perfectly clear Publius…should we or should we not, as Oath Keepers< support the "Convention of States" movement underway?

    1. “Is it any wonder that James Madison, and Supreme Court Justices Arthur J. Goldberg and Warren Burger said that Delegates to an Article V convention can’t be controlled?”

    2. First of all Publius Huldah is a discredited attorney from Tennessee. She uses at least three names. Second you must decide for yourself where the truth lies. Read the source documents from our founding documents. Not recycled propaganda from Huldah and people that do not want you to stop government shutdowns and the status quo. As an oath keeper with 25 years of active service I’ve joined the Convention of States movement because the only other option is armed combat. I prefer dangerous liberty to peaceful tyranny. I will not allow George Soros and the left and people like Huldah deter me from my executing my oath to defend the Constitution.

    1. At the Federal Convention of 1787, this plenipotentiary power was exercised to replace our first “Constitution, the Articles of Confederation, with the Constitution we now have. On February 21, 1787, the Continental Congress called a convention “for the sole and express purpose of revising the Articles of Confederation”. But instead of proposing amendments to our first Constitution, the Delegates wrote a new Constitution – the one we now have.”

  3. Publius fails to mention that Congress voted officially on the question of a runaway convention on September 27, 1787 and determined the convention had acted within its authority. The vote must be viewed as conclusive as it was the same Congress which issued the convention call. See: http://www.foavc.org/Pages/Page_Six_B.htm. For further information regarding the facts of public record about a convention see: http://www.foavc.org.

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