Article V Constitutional Convention

Preliminary Figure of Merit 99%

Congress is in violation of the US Constitution and its Oath of Office  due to its failure to call a Constitutional Convention as required by Article V of the US Constitution although the required number of Applications have been properly received  from the several States.


Article V of the U.S. Constitution

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

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Summary

Article V of the U.S. Constitution provides  two methods by which the U.S. Constitution may be amended. Either results in the calling of a Constitutional Convention, sometimes referred to as "CC2". Premise-1/cite-1 supports the assertion that no Constitutional Convention other than the original in 1787 has been called. Premise-2 establishes the number of states that must make application for said convention to trigger the call. That number is 34 (states). Verfication that  at least that number has been properly received was conducted by TATP by way of a search of an Official Repository of the Congressional Record located in San Diego, California. The search resulted in the verification of some 44 applications made mostly between 1970 and 1990, by 44 individual states (10 in excess of the required 34). That they were 'properly' received is considered evidenced by the fact that their source was the Congressional Record. The applications do not expire after time, as the U.S. Constitution makes no provision for expiration. In further support, cite-2 is the 27th amendment to the Constitution, which was first submitted to the states for ratification in 1789 and finally ratified May 7, 1992. All of the foregoing supports the hypothesis that the U.S. Congress has not called an Article V Constitutional Convention although the proper number of applications have been received....


(Cite-1)-Source:-http://en.wikisource.org/wiki/Constitution_of_the_United_States_of_America

99% Support Value

99% Probable Truth

Premise-1) “shall call a Convention for proposing Amendments”

Q: Has a Constitutional Convention been called since the first in 1787?

A: TATP can find no references to a Constitutional Convention having been called since the first  "Philadelphia Convention" of 1787 which was called to establish the U.S. Constitution.


Premise 2) “...on the Application of the Legislatures of two thirds of the several States...”

Q: What is the required number of applications?

A: Two-thirds of the 50 states, or at least one application from each of 34 states is required.



Q: Has that number been received properly?

A: Yes. TATP instituted a search at an Official Repository of the Congressional Record at 820 E Street, San Diego, Ca. using a list provided by Mr. Lynn Boughey (1)(2), an Attorney of Minot, North Dakota. The list contained cites for some 567 applications Mr. Boughey claims have been made by all 50 states, and that all have been properly received as evidenced by their having been published in the Congressional Record.

Of the 567 cites, TATP searched and verified that 44 applications from 44 separate States (10 in excess of the required number) had indeed been made for an Article V Constitutional Convention. Most applications verified were made in the twenty year time period 1970 through 1990.

Q: Do the applications expire after time?

A: No. The Constitution makes no provision for expiration.

In further support, the 27th amendment was first presented to the states in 1790 for their ratification, with the final state (Michigan) ratifying the amendment some two-hundred and two years later on May 7, 1992.

From Wikipedia under “27th Amendment”:
Amendment XXVII
(the Twenty-seventh Amendment) is the most recent amendment to be incorporated into the United States Constitution, having been ratified in 1992, more than 202 years after its initial submission in 1789.

(Cite-2):-http://en.wikipedia.org/wiki/Twenty-seventh_Amendment_to_the_United_States_Constitution

99% Support Value

99% Probable Truth

Note: See also findlaw article on the 27th amendment at:                    www.verifiedtruth.org/27amendment.html


Q: Has the U.S. Congress called a second Constitutional Convention as required by Article V of the U.S. Constitution given that the proper number of applications for said convention have been received as verified by TATP?

A: No, it has not.

Therefore:
Congress is in violation of the US Constitution and its Oath of Office due to its failure to call a Constitutional Convention as required by Article V of the US Constitution, although the required number of applications have been properly received from the several states.

Overall Figure of Merit of the Above Assertions: 99%

Due to the fundamental and abstract nature of all issues involved, issues that do not possess special circumstances, considerations or reasonable exceptions, this hypothesis statement receives TATP's highest possible overall Preliminary Figure of Merit of 99%.

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Figure of Merit Calculations

Cite-1
99% Support Value

99% Probable Truth

99% + 99% = 198% / 2 = 99%


Cite-2
99% Support Value

99% Probable Truth

99% + 99% = 198% / 2 = 99%


Cites 1 + 2 = 99% + 99% = 198% / 2 = 99%

Overall Preliminary Figure of Merit - 99% -


    1) In 1990 Mr. Lynn Boughey was a law clerk for a Federal Judge, Bruce M. Van Sickles, in North Dakota. He and his assistant were tasked by the judge, in preparation for a forthcoming book by Judge Van Sickles, to go back to the beginnings of the Congressional Record and find every application that had been made by every state for an Article V Constitutional Convention. Up through 1990 they numbered 567 and since then, almost certainly many more have been added. Mr. Boughey's list can be found at www.verifiedtruth.org/hamline3.pdf

    2) Mr. Bill Walker, a former journalist and newspaper owner, has filed two lawsuits, the first in US history, concerning the failure of the U.S. Congress to call an Article V Constitutional Convention. Those lawsuits; Walker v. United States (2000) and Walker v. Members of Congress (2004) make for veryinteresting reading on this subject See: http://www.article5.org/

    Note: An excellent Hamline Law Review of a CC2:                     
    www.verifiedtruth.org/hamline2.pdf

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Related Websites

http://convusa.com/Note: Though a new startup, this appears to be the most active organization presently engaged in bringing about CC2.

www.foavc.org/

www.cc2.org

http://www.article5.org/

http://secondconstitutionalconvention.com

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Originally Published by:
 The American Truth Project
07/31/07