State "Rescissions" and JBS Lies
In 1983 the John Birch Society (JBS) began a campaign of lies about an Article V Convention. JBS lied when it said its opposition was to prevent "a runaway" convention because a "runaway" convention NEVER HAPPENED! (See: www.foavc.org/StateApplications/Runaway_Convention.htm). The real purpose behind the JBS Lies was to prevent passage of a
balanced budget amendment which JBS politically opposed.
JBS SET OUT TO PREVENT A CONVENTION CALL WITH LIES ABOUT THE CONSTITUTION AND THE CONVENTION:
- JBS LIED WHEN IT SAID APPLICATIONS HAD TO BE ON THE SAME AMENDMENT SUBJECT IN ORDER TO "COUNT."
- JBS LIED WHEN
IT SAID STATES HAD ONLY SUBMITTED 32 OF THE NEEDED 34
APPLICATIONS FOR A CONVENTION CALL.
- JBS LIED WHEN IT SAID ALREADY SUBMITTED APPLICATIONS FOR A BALANCED BUDGET AMENDMENT COULD BE "RESCINDED"
IN FACT, ACCORDING TO PUBLIC RECORD:
- BY 1983 THE STATES HAD
ALREADY SUBMITTED THE NECESSARY TWO THIRDS APPLICATIONS REQUIRED TO
CAUSE A CONVENTION CALL ON THE SUBJECT OF BALANCED BUDGET ALONE!!!! JBS HAS NEVER ADMITTED THIS FACT OF PUBLIC RECORD.
- ("Same subject" is not
the constitutional method of application tabulation described by Article V used to "count"
applications for a convention call. Article V mandates a numeric count of
applying states with no other term or condition.)
- The CONSTITUTIONAL NUMERIC COUNT OF APPLICATIONS SHOWS THAT BY 1983 the states had satisfied the two thirds requirement NINE TIMES!!!--See: www.foavc.org/StateApplications/numeric.htm .
In other words...
Public record shows the JBS Campaign was an outright lie
from the very beginning! This 1983 smear campaign of a constitutional process BEGAN after the states had submitted sufficient applications on balanced budget to cause a convention call on that subject alone!!
HOW INACCURATE WAS THE JBS CAMPAIGN?
-
BY 1910 CONGRESS WAS MANDATED TO CALL A CONVENTION, 48 YEARS BEFORE JBS EVEN EXISTED!
JBS lied when it said states must submit applications on the same amendment
subject before Congress is required to call a convention.
- No such term or condition exists in the Constitution
- This fact is confirmed by a Supreme Court ruling, United States v Sprague (1931), among others
The
public record states:
JBS lied when it said states can "rescind" or "nullify" previously submitted
applications.
- JBS
HAS NEVER PRESENTED A SINGLE SHRED OF LEGAL EVIDENCE SUPPORTING THEIR
CONTENTION STATES HAVE A RIGHT TO RESCIND APPLICATIONS FROM THE PUBLIC RECORD.
- The public
record shows the states had reached the two thirds threshold
necessary for a convention call THREE TIMES BEFORE JBS, WHICH FORMED IN 1958, EVEN
EXISTED!!
- SINCE THE START OF THE 1983 JBS CAMPAIGN, THE STATES HAVE SATISFIED THE ARTICLE V THRESHOLD SEVEN MORE TIMES!!!
- JBS LIED ABOUT FEDERAL CRIMINAL LAWS WHICH SAY:
IT'S A FEDERAL FELONY TO REMOVE STATE APPLICATIONS FROM FEDERAL PUBLIC RECORD!
18 USC 2071, Concealment, Removal, or Mutilation
General of Records mandates removal of any public record (which
includes state applications) from federal public record is a felony.
The law states:
"(a) Whoever willfully and
unlawfully conceals, removes, mutilates, obliterates, or destroys, or
attempts to do so, or, with intent to do so takes and carries away any
record, proceeding, map, book, paper, document, or other thing, filed or
deposited with any clerk or officer of any court of the United States,
or in any public office, or with any judicial or public officer of the
United States, shall be fined under this title or imprisoned not more
than three years, or both.
(b) Whoever, having the custody of
any such record, proceeding, map, book, document, paper, or other
thing, willfully and unlawfully conceals, removes, mutilates,
obliterates, falsifies, or destroys the same, shall be fined under this
title or imprisoned not more than three years, or both; and shall
forfeit his office and be disqualified from holding any office under the
United States. As used in this subsection, the term “office” does not
include the office held by any person as a retired officer of the Armed
Forces of the United States."
As applications cannot be removed from the public record, they
have continued "peremptory" constitutional effect. The
Supreme Court has ruled on at least four occasions if the states apply Congress must call a convention. The public record of applications prove the states have applied. Thus Congress must call the conventions based on the constitutional effect of the applications.
In United States v Sprague, 282 U.S. 716 (1931) the Supreme Court stated:
"The United States asserts that
article 5 is clear in statement and in meaning, contains no ambiguity,
and calls for no resort to rules of construction. A mere reading
demonstrates that this is true. It provides two methods for proposing
amendments. Congress may propose them by a vote of two-thirds of both
houses; or, on the application of the legislatures of two-thirds of the
States, must call a convention to propose them. ... where the intention is clear there is no room for construction and no excuse for interpolation or addition."
Article V has no
language granting states authority to "rescind" applications. The record of the 1787 Convention proves the Founders never intended the states have authority to "rescind" applications. The Constitution
does not give
Congress authority to "rescind" applications. Therefore such authority does not exist.
THE PUBLIC RECORD SHOWS:
-
THE STATES HAVE SUBMITTED SUFFICIENT APPLICATIONS TO CAUSE TEN CONVENTION CALLS!!!
- AT LEAST THREE OF THESE SETS OF APPLICATION CALLS WERE
SUBMITTED BY THE STATES BEFORE A SINGLE "RESCISSION" WAS EVER SUBMITTED.
- BECAUSE A CONVENTION CALL IS "PEREMPTORY" MEANING
CONGRESS HAS NO OPTION--IT "MUST" CALL THE CONVENTIONS--RESCISSIONS
HAVE NO LEGAL
EFFECT ON THIS "PEREMPTORY" REQUIREMENT.
TO READ THE TEN CONVENTION CALLS, SEE: WWW.FOAVC.ORG/STATEAPPLICATIONS/NUMERIC.HTM