Article V - Questions and Answers


Can Utah's calls for Article V Conventions be rescinded?

Yes.  Rescinding or withdrawin application is not an easy process, but if enough people become informed and care enough to persuade legislators to withdraw  one or both of our applications, it can happen.

The following states have rescinded  BBA 

Why did SJR 9 Pass?

 One reason is that too many legislators believed what Convention of States told them. COS INSISTS  that calling for a convention is the ONLY way that the states can effectively assert themselves and take their power back  from the federal government.  THIS IS NOT THE CASE. The states lost their power because they have refused to stand up against unconstitutional bills, mandates, rules, and regulations coming from Washington.  The states have the power to nullify but in almost every instance, they lack the understanding and or will to do so. 

But isn't nullification extra-constitutional?

Absolutely not, Article VI (6) of the Constitution states:  “…The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution...”  This is why the states (meaning the legislators who are members of the state legislatures) have not just the option to nullify  refuse to comply with) unconstitutional edicts,  but they have the obligation to do so.  

Why won’t the states nullify?

 Just as state legislators have neglected to hold Washington accountable to upholding the Constitution, we have not held our state legislators accountable. We the people generally allow our state legislatures to go along with the Feds. Sometimes, state legislatures even work actively to implement unconstitutional mandates.  States won’t nullify unless we demand that they do so.  

What can we do now?

 In order to hold those on both the state and national levels accountable to their oath of office we must first understand the Constitution ourselves. We must know what IS constitutional in order to know what is NOT constitutional. We need to know what powers Congress has, particularly those enumerated in Article 1 Section 8. 

We need to know that the “necessary and proper cause” at the end of section 8 applies to passing laws that are for “carrying into Execution the foregoing Powers,” i.e., the powers previously mentioned in the Section 8.  We need to understand that the “supreme law of the land” is comprised of the Constitution and those laws that are made “ in pursuance” of the Constitution. 

Who is responsible for Congress?

We, as a people, are responsible for the government we have. James A Garfield, in 1877,  said it best: “Now more than ever before, the people are responsible for the character of their Congress. If that body be ignorant, reckless and corrupt, it is because the people tolerate ignorance, recklessness and corruption. If it be intelligent, brave & pure, it is because the people demand these high qualities to represent them in the national legislature.”

Less government, more personal responsibility, and with God's help a better world.