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FOAVC believes the
activities of the organization Article V.Org led by
Dan Marks warrant a full page. At the time of the events described
below Mr. Marks was living in the state of Hawaii. He has since moved
to the continental United States. Ironically, the state of
Hawaii is the only state which has never submitted an application to
Congress for a convention call. Despite this Mr. Marks and his
organization ArticleV.Org can probably be
credited with causing the official
count of state applications for an Article V Convention call currently
occurring in Congress.
In April, 2013 Mr. Marks sent a letter to the Clerk of the House of
Representatives Karen Haas inquiring as to the official congressional
count state applications submitted to Congress by the states for an
Article V Convention call. The letter included the text of 42 state
applications published in the
Mr. Marks had earlier contacted the House Parliamentarian Tom Wickman
who suggested Mr. Marks direct his inquiry to Ms. Haas.
stated in a later interview the reason he made the inquiry was various
groups throughout the years had cited a variety of numbers as to
the number of applying states submitting applications to Congress.
However there appeared to be no reference to any official count of
applications recorded by Congress. Assuming this was an oversight on
the part of these groups Mr. Marks made in his inquiry hoping to
establish once and for all what was the official count of applying
states by Congress.
Instead that inquiry revealed the primary reason a convention call has
never occurred. House of Representatives Counsel Kirk Boyle was forced
admit Congress had never bothered to establish a methodology to count
the applications so that a convention call could occur. Thus, despite
the Constitution mandating Congress call a convention "on the
application" of the several state legislatures and despite the fact the
states had submitted over 500 applications enough to cause several calls by Congress,
Congress had never bothered to compile a single state application for
the purpose of actually obeying the Constitution. In short, Congress
had deliberately ignored the Constitution for over 200 years.
To rectify this constitutional embarrassment in June 2013, Boyle
requested Mr. Marks' permission to submit his 50 page letter of inquiry
to the House Judiciary Committee for "consideration." (Note: On May 5,
1789 the House of Representatives made it clear no application was to
be submitted to a House committee for its "consideration" See: Page 11 C). Mr. Marks
gave his permission in July, 2013 allowing the letter to be submitted
to the committee but made it clear he would not tolerate the committee
burying his request.
In January, 2015 with a rule change in the House of Representatives
the House Judiciary Committee began, for the first time in United
history, compiling applications for an Article V Convention call
submitted by the states into a list of "purported" applications by the
states. The reason the applications are referred to as "purported" is
the list of applications has not been reviewed by the Senate which must
do so before the
list can become an "official" list of Congress. The committee published
(and continues to publish) copies of the original documents of
application received by Congress from the state legislatures.
It soon became apparent however that the House Judiciary Committee did
not realize the scope of the problem they had taken on for themselves.
Having ignored the applications for centuries the applications were
simply recorded in the Congressional Record haphazardly as described in
Record in November, 1977
then sent to the national archives at the end of each congressional
session where they were buried among millions of pages of congressional
record. The applications were not even indexed.
Thus the committee faced the daunting task of going through every box
of record stored in the national archives to locate the applications.
To address this issue, Congressman Luke Messer introduced
which required the staff of the National Archives (who are better
equipped and many times larger than the house committee) locate the
applications within a period of two years following passage of the
bill. At present, (November, 2016) the bill remains in the House
The articles detailing the Dan Marks letters are published below in
V Seeks Congressional Count of Applications
At the suggestion of United States House of Representatives
Parliamentarian Tom Wickman, Dan Marks of Articlev.org has sent a letter of inquiry
to Karen Haas, Clerk for the United States House of Representatives.
The purpose of the letter is to obtain the official congressional count
of state applications for an Article V Convention call currently on
file with the Congress of the United States. More....
Sets State Applications As Zero; Passes
Law Mandating Delegates Be Elected
In only what can be only
described as a kiss off response Kirk Boyle,
legal counsel of the House of Representatives responded in
a one page
letter to Dan Marks' request for an
official count of state
applications currently recognized by Congress for an Article V
Convention call. The sheer volume of applications in question is best
appreciated by examination of this map.
Mr. Boyle’s response was succinct—number of applying states counted by
Mr. Boyle stated Karen Haas, Clerk of the House of Representatives, More...
Marks Sends Application Request Letter to Senate; A Response to Mr.
By Bill Walker
Dan Marks Okay's
House Committee Review; Gohmert Notified
In a two
to Kirk Boyle, legal counsel for the United States House of
Representatives, Dan Marks of Article V.org took a historic, if little
noticed step, regarding an Article V Convention call. More....
and Congress, the Continuing Saga
There are many mysteries surrounding
many historic events. For example, who fired the first shot at
Lexington? Presumably with a field full of people facing each other,
the smoke from a single fired rifle would be clearly obvious. More....
Fourth Week of July
Whether by coincidence or design the
fourth week of July 2014 will go down in history as one of the most
important in the Article V Convention movement. The time of events
advancing an Article V Convention call being measured in months or
years is gone. More....
Page Last Updated: 6 MARCH 2017