The reason I have taken care in explaining this history is that the country could be facing the first major Constitutional crisis in its history and the public should be well aware of the laws that are being violated. First of all, the President of the U.S. has failed to do his sworn duty to "support and defend" the Constitution by demanding that the Congress bow to the legitimate requests of the states to hold this convention. The Supreme Court and the Congress have likewise violated their respective duties under the Constitution as well as their oaths of office. The President knows full well that Article V is not being complied with by Congress and that this is an illegal act. The Supreme Court should know that it is guilty of misfeasance of office in denying the writ of certiorari.
These actions have broken the contract between the individual states and the Federal government known as the U.S. Constitution. The usual remedies of law pertaining to broken contracts are not operative. Damages are not appropriate, and the courts have made it clear that they will not force "specific performance" (the establishment of a convention under Article V). What we now have in the U.S. is a "rogue" government operating outside the law. Under these circumstances, the only valid laws still operative and enforceable are the state laws. By actions contrary to the explicit Constitutional rights of the states, our current government has nullified the Federal government's right to rule.
But first, perhaps it is necessary to try to understand the reasons these government bodies may have chosen to ignore their duties.
The Supreme Court could possibly (but not plausibly) use the excuse that time spent on this issue could detract from their efforts in deciding truly "important cases". They needn't worry about this. This issue could be settled in the cloakroom. The law is crystal clear. It does not “conform to” principles in the Constitution. It is explicit in the Constitution itself. The facts are equally clear and irrefutable. The states are of record of having made these requests. What's to arbitrate?
It is claimed that people are afraid of changing the Constitution because it has proved to be perfect as it has evolved, and should not be changed. If it is such a perfect document, then the Supreme Court should have no fear in forcing Congress to do its duty and establish this Convention. If it is not perfect, then there is a legal remedy available under the Constitution, that of amendment. But good luck with that one because an amendment must be approved by the very legislative bodies (the state legislatures) that have requested the Convention. The court must take one position or the other. Either the Constitution is perfect and unalterable, or it is flawed and must be changed. It faces a Hobson's Choice in this case because either would lead to a convention under Article V. That is, as long as the courts are interested in complying with the law.
In the process of ignoring their Constitutional duties, the court has made a mockery of the two most fundamental and sacred legal concepts of a capitalist economy under a republic. In ignoring contract law, they violated the most fundamental law underlying a capitalistic economy. In ignoring their oaths of office they have violated the foundation of all jurisprudence within the U.S. legal system. If members of the courts flagrantly violate their own oaths, how can they expect any ordinary citizen to take his oath-taking seriously in any court of law?
Any person reading this article should be offended by these illegal actions by its representatives. So I am encouraging you all to inform your representative that you are aware of your rights under the Constitution and depend on him or her to enforce them. If he refuses, lacking the capability to remove him from office (as explained in this document), citizens must work diligently to force the establishment of an Article V convention. An organization has been established to do just this, and I encourage all of you to support it. Their website is at www.foavc.org.
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