THE LEGISLATURE OF THE STATE OF _________________
Joint Resolution No. ____________
Title: DELEGATE RESOLUTION
Instructions to Delegates at the “Sovereignty and States Rights
Amendment Convention” which was Called
by the State of _________________’s Legislature in Joint
Resolution No. ______________
____________________________________________________________________________________________________________
Whereas,
Article IV, Section 4 of the Constitution of the United States guarantees to
every State a Republican form of government that gives each State equal standing
when calling for a Federal Amendment Convention. Article V of the Constitution
of the United States reserves to the State Legislatures the right to Call for a
Federal Convention for the purpose of proposing amendments to the United
States Constitution when Congress, the Courts, and/or the Executive Branch
refuse to address an egregious wrong suffered by the people; and
Whereas,
The State Legislatures alone have the authority to “limit” the agenda and
authority of Delegates and/or Alternates (hereafter referred to as
“Delegates”) they send to a convened Federal Convention. This authority does
not reside in the United States Congress, nor in the Federal or State Courts nor
in the Executive Branch. This authority resides solely in State Legislatures.
WHEREAS, The authority of Congress, under Article
V of the United States Constitution, requires it to convene a Convention as
Called for and defined by the State Legislatures of the Several States; and
WHEREAS, The “Delegates” sent by the
_________________ State Legislature to the Sovereignty and States Rights
Amendment Convention (hereafter referred to as “Convention”) are
Ambassadors of the State of _________________ and required to fulfill the
Commission assigned to them by the Legislature of _________________. They are
not free agents. They are empowered only to complete the terms and conditions
defined in this Delegate Resolution (hereafter referred to as
“Resolution”).
WHEREAS, _________________’s State Legislature
hereby defines the duties and limits the authority of its Delegates at
the Convention in this Resolution;
Resolved by the Legislature of
_________________;
The State of _________________ hereby authorizes
that Delegates be summoned and appointed to participate at the convened
Convention according to the terms and conditions set forth in this
Resolution.
The number and qualifications of Delegates (or
Alternates if authorized) to be sent to the convened Convention will be
decided by the State Legislature after the United States Congress summons
Delegates from the State of _________________ to the convened Convention.
1.
The Legislature of the State of _________________ can add to, replace
or remove any Delegate or Alternate if in its sole discretion such action is
necessary.
2.
Alternates will have no official role at the Convention and can
attend the Convention only if the State Delegations at the
Convention vote to allow their attendance and/or the _________________
State Legislature appoints an Alternate to take the place of a Delegate at the
Convention.
3.
The State of _________________ reserves to itself the right to alter
and change this Resolution if in its sole discretion such action is
necessary. Delegates will be bound by any such alteration or change to
this Resolution.
The Legislature of the State of
_________________ hereby instructs and authorizes its Delegates at the
Convention to vote to send the Sovereignty and States Rights Amendment,
as herein written in Section E, back to the States for ratification via the
United States Congress. _________________’s Delegates are prohibited to vote
for any alternate Amendment or modified version of the Sovereignty and States
Rights Amendment that might be introduced at the Convention and they
are hereby instructed to do all in their power at the Convention to
secure a vote that approves sending the Sovereignty and States Rights
Amendment back to the States for ratification.
The Legislature of the State of
_________________ will not vote to ratify any alternate Amendment or modified
version of the Sovereignty and States Rights Amendment that may be sent
to it for ratification via Congress by the Convention. Only the
Sovereignty and States Rights Amendment, as herein written, will be
considered by the _________________ State Legislature for ratification.
The Legislature of the State of _________________
upon the enactment of this Resolution, will select and appoint three
members to the Delegate Credential Committee (hereafter referred to as
Committee). The Committee will have the responsibility and requisite
authority to perform each of its assigned duties (charges) described in SECTION
A.
1.
Committee
members can be added to, replaced or removed if in the sole discretion of the
State Legislature such action is necessary.
2.
Each member of the Committee is required to take the following
oath and sign a Pledge Document confirming that the oath has been taken and
agreed to. The following oath shall be administered by Leadership in the
House and/or Senate:
“I pledge to follow the instructions and charges
in this Resolution and any other directives given to me by the State of
_________________’s Legislature from the date I am appointed to the Committee
and during the full term of the Convention to the best of my abilities so
help me God.”
SECTION A. DUTIES
OF THE “DELEGATE CREDENTIAL COMMITTEE”
Committee
members shall follow the directives in this Resolution and any
supplemental instructions from the State Legislature.
The Committee will have the requisite
authority to remove or replace any Delegate or Alternate if, in its sole
discretion, such action is necessary.
The “Committee” is charged with the
following duties:
1.
Decide all matters among Committee members with a simple
majority vote.
2.
Function as the official facilitator for the State Legislature as
required in this Resolution.
3.
Appoint Delegates to the Convention who the
_________________ State Legislature has summoned and authorized.
4.
Appoint one likeminded Delegate to serve as the Chairman of
_________________’s State Delegation and to be the Spokesman for the State
Delegation at the Convention.
5.
Appoint one Delegate to serve as the Assistant Chairman of
_________________’s State Delegation and to be the Spokesman in the absence of
the Chairman.
6.
Issue to each certified Delegate and/or Alternate (including the
Chairman and Assistant Chairman) a Certification Certificate after they have
satisfactorily:
a.
Met the requisite qualifications established by the State Legislature,
b.
Taken the applicable oath in Item 9. of Section A., and
c.
Confirmed their oath by signing a separate Pledge Document
7.
Issue to each Certified Delegate and/or Alternate (including the
Chairman and Assistant Chairman) a “Convention Pass” that will authorize their
admission and participation at the Convention.
8.
Notify the _________________ State Legislature of the financial or
other needs the _________________ State Delegation has at the Convention.
9.
Administer the following oaths to the applicable candidate before
issuing Certifications:
DELEGATES
“I pledge to follow the instructions in this
Delegate Resolution and any other directive given to me by the Delegate
Credential Committee or the State of _________________’s Legislature,
whether such directive is given to me directly or indirectly, from the time I am
certified by the Committee to be a Delegate and during the full term of
the Sovereignty and States Rights Amendment Convention, to the best of my
abilities so help me God.”
ALTERNATES
“I pledge to follow the instructions in this
Delegate Resolution and any other directive given to me by the Delegate
Credential Committee or the State of _________________’s Legislature,
whether such directive given to me directly or indirectly, from the time I am
certified by the Committee to be an Alternate and during the full term of
the Sovereignty and States Rights Amendment Convention to the best of my
abilities so help me God.”
CHAIRMAN OF _________________’S STATE DELEGATION
“I pledge to follow the instructions in this
Delegate Resolution and any other directive given to me by the Delegate
Credential Committee or the State of _________________’s Legislature, from
the time I am certified by the Committee to be the Chairman of
_________________’s State Delegation and during the full term of the
Sovereignty and States Rights Amendment Convention, to the best of my
abilities so help me God.”
ASSISTANT CHAIRMAN OF _________________’S STATE
DELEGATION
“I pledge to follow the instructions in this
Delegate Resolution and any other directive given to me by the Delegate
Credential Committee or the State of _________________’s Legislature,
whether given to me directly or indirectly, from the time I am certified by the
Committee to be the Assistant Chairman of _________________’s State
Delegation and during the full term of the Sovereignty and States Rights
Amendment Convention, to the best of my abilities so help me God.”
10.
Monitor the activities of _________________’s State Delegation.
11.
Keep close communications with the Chairman and Assistant Chairman and
provide needed assistance when requested.
a.
When possible inform the Chairman and Assistant Chairman which States at
the Convention have enacted a Resolution similar to this one for
their Delegates.
b.
Report to the State Legislature periodically which States at the
Convention have enacted a Resolution similar to this one for their
Delegates.
12.
Monitor the activities, deliberations and all votes by the States at
the Convention.
13.
Make periodic reports and provide in depth analysis to the
_________________ State Legislature regarding the events at the Convention.
a.
Include reports and recommendations on upcoming votes at the
Convention.
b.
Include an analysis of the prospects for the pre-drafted Sovereignty
and States Rights Amendment, as herein written, being approved by the
Convention and sent to the States for ratification.
c.
Include problems and successes that have or are likely to occur before a
vote by the Convention is taken to send the Sovereignty and States
Rights Amendment to the States for ratification.
d.
Make appropriate recommendations to the _________________ State
Legislature on what further action is needed by the Delegates and/or the State
Legislature to assure a favorable vote by the Convention for the
Sovereignty and States Rights Amendment.
14.
The Committee shall have the authority to determine if a
Delegate or Alternate violated the provisions of this Resolution and to
decide if the Delegate’s “Credentials” should be invalidated. The
Committee’s decision will be final and there will be no appeal.
a.
A Delegate who has had his “Credentials” invalidated shall immediately
forfeit all right to represent the State of _________________ at the
Convention and immediately be dismissed as a Delegate in _________________’s
State Delegation. His/her Certification as a Delegate and Convention Pass will
be cancelled. He/she will have no further authorization to participate at any
events at the Convention.
SECTION B. DUTIES OF THE CHAIRMAN OF _________________’S STATE DELEGATION
The Chairman of _________________s State
Delegation will be required to follow the directives in this Resolution
and others that may be issued, from time to time, by the “Committee” or by the
State Legislature.
DUTIES AND RESPONSIBILITIES OF
_________________’S CHAIRMAN
The Chairman is charged with completing the
following:
1.
Join with other State Delegations to open the Convention for
business.
2.
Make certain that there is always at least one Delegate from
_________________’s State Delegation at every business meeting and roll call
at the Convention.
a.
If the Delegate is not the assigned Spokesman, then authorize the
Delegate to cast ballots in the Spokesman’s absence according to the terms and
provisions of this Resolution.
b.
The _________________’s State Delegation must always have at least one
likeminded Delegate during all business meetings and roll calls at the
Convention.
3.
Distribute to all Delegates from _________________ a pocket size
copy of the United States Constitution.
4.
Instruct Delegates of the mandate in Article IV, Section 4 of the
United States Constitution that guarantees to each State a Republican form of
government which gives each State equal standing when Calling for a
Convention and when voting at and organizing a Convention.
5.
Work closely with Chairman from other State Delegations to find mutual
agreement on the objectives in this Resolution.
6.
Assign to _________________’s Delegates the following duties:
a.
Divide the number of Delegates in the of 50 State Delegations at the
Convention by the number of _________________’s Delegates. Assign to each
of _________________’s Delegates a proportionate number of Delegates from other
State Delegations for the purpose of gaining consensus and agreement among the
State Delegations that the Sovereignty and States Rights Amendment, as
herein written, should be sent to the States for ratification.
7.
Build a consensus between at least 26 State Delegations at the
“Convention” to:
a.
Require a simple majority vote at all roll calls to decide any and all
matters brought before the Convention, including the question of whether
the Sovereignty and States Rights Amendment, as herein written, should be
sent to the States for ratification.
b.
Require that each State Delegation at the Convention has only one vote
regardless of the number of Delegates in a State Delegation or the population of
a State (Article IV, 4 U.S. Constitution).
c.
Nominate and install Convention Officials who -
1.
Come from a State that has passed this Resolution for their
Delegates, and
2.
Who agree with sending the Sovereignty and States Rights Amendment,
as herein written, to the States for ratification.
d.
Require a quorum of 26 State Delegations before business can be conducted
and before a vote can be taken to decide any and all matters that may be
presented at the Convention.
e.
Build a consensus of at least 26 State Delegations to work together for
the mutual goal of sending the Sovereignty and States Rights Amendment,
as herein written, back to the State for ratification.
f.
Build a consensus of at least 26 State Delegations that agree that the
deliberations at the Convention are to be terminated by the end of 180
days from the date it is convened, unless the Convention votes to extend
the termination date by 180 days. No other extensions are to be allowed.
8.
The United States Constitution in Article IV, Section 4 guarantees to
each State a Republican form of government which gives each State equal
standing when Calling for an Amendment Convention and when voting for proposed
Amendments at a Convention, regardless of the State’s population or number of
Delegates sent to a Convention.
9.
Further duties of _________________ ‘s Chairman:
a.
Work with at least 26 other States to require that the Convention
be organized in such a way that each State has one vote on all matters brought
to the Convention floor for a vote.
b.
Cast _________________’s vote to require “One” vote per State Delegation.
c.
Nominate a candidate to be President of the Convention who comes
from _________________‘s Delegation (if possible).
d.
If necessary call for a vote for a candidate to be President who is
likeminded and comes from a State that has enacted this Resolution,
whether or not you nominated the candidate to be President.
e.
Do all in your power to avoid the nomination of a President who does not
come from a State that did not pass this Resolution.
i.
If the State Delegations choose a President who does not come from a
State that did not pass this Resolution, then continue in your
deliberations at the Convention with the determination to honor the
instructions in this Resolution.
f.
Assuming the elected President comes from the State of _________________
or from a State that has passed this Resolution, his/her duties shall be:
i.
Securing a vote from the State Delegations requiring that this
Resolution be the “Rules of Order” at the Convention
·
(“Robert’s Rules of Order” can be
adopted to carry on deliberations at the Convention if they do not conflict with
this Resolution).
ii.
Following the terms, directives and requirements in this Resolution.
iii.
Staying focused on the purpose the _________________State Legislature had
when authorizing a Call on Congress to convene the Sovereignty and States
Rights Amendment Convention which is to decide if the Sovereignty and
States Rights Amendment, as here in written in Section E, should be sent to
the States for ratification.
iv.
Providing Security measures as may be needed at the “Convention”.
v.
Prohibiting weapons or objects that can be construed as weapons from
entering the Convention.
vi.
Officiating the nomination and installation of all Officers at the
“Convention”.
vii.
Establishing the agenda at the “Convention” as defined in this
“Resolution”.
viii.
Providing equal time for all States whether for or against sending the
Sovereignty and States Rights Amendment to the States for ratification.
ix.
Prohibiting the introduction at the “Convention” of any subject matter or
issue other than matters relating to the Sovereignty and States Rights
Amendment, as herein written, and if it should be sent to the States for
ratification.
x.
Expediting deliberations by the State Delegations and preventing
unnecessary delays.
xi.
As quickly as possible, allow a roll call for the State Delegations to
decide if the Sovereignty and States Rights Amendment, as herein written,
should be sent to the States via Congress for ratification.
xii.
Authorizing appropriate roll calls at the “Convention”.
xiii.
Denying all efforts to introduce other Amendments to the Convention,
including any modification(s) or alteration(s), of any kind, to the
Sovereignty and States Rights Amendment, as herein written.
xiv.
Settling disputes.
xv.
Terminating the Convention Credentials of any Delegate, including
Convention Officials, for violating the terms of this Resolution
or for causing Security problems at the Convention.
xvi.
Establishing procedures for installing and recognizing Alternates who are
to become Delegates.
xvii.
Closing the deliberations at the “Convention” after the final
votes are taken that will decide if the Sovereignty and States Rights
Amendment should be sent to the States for ratification and by which mode of
ratification the Convention is proposing to Congress.
xviii.
Reporting to the United States Congress, the 50 State Legislatures and
the media the decision of the Convention regarding sending the
Sovereignty and States Rights Amendment to the States for ratification and
the Convention’s recommendation to Congress as to which mode of
ratification should be followed.
xix.
Making formal requests to the State Legislatures, through representatives
in the 50 State Delegations, for monies that will be needed to carry on the
business of the “Convention”.
xx.
Requiring that the “Convention” be closed to all media and news
groups. Only delegates appointed by their State Legislatures, security screened
suppliers, security staff, custodial staff and personnel who are needed for
carrying out the business of the “Convention” are to be given security
passes and permitted into the “Convention”.
xxi.
If a candidate for President of the Convention wins the Presidency and he
does not come from a State that has enacted this Resolution, then it is
the Duty of the Chairman and the Delegates in the . . . . . . . . . . . . . . .
. . . . State Delegation to use every means at their disposal to influence a
favorable vote by the Convention to send the Sovereignty and States
Rights Amendment, as herein written, to the States for ratification.
·
The Chairman and
_________________’s State Delegation, in such a case, are still required to
follow the directives in this Resolution to the best of their abilities.
xxii.
Follow the procedures above (Section 8. through 8.e,i) for electing a
Vice President, Secretary, Treasurer or other officer as the Convention deems
necessary. The President shall be responsible to define the duties for each
office in accordance to the requirements of this Resolution.
xxiii.
If the Chairman of the _________________ State Delegation has not
succeeded in securing a favorable vote to require a quorum of 26 States in order
to conduct business, then introduce this quorum requirement to the Convention
floor for a vote. Call for a vote on the Convention floor that would
require any and all matters brought before the “Convention” to be decided
with a majority vote with each State Delegation having one vote. Follow the
applicable procedures in “Section B. Duties and Responsibilities of the
_________________’s Chairman”.
·
Cast _________________’s vote to
require a quorum of 26 States.
xxiv.
Call for a vote requiring each State Delegation to appoint one Delegate
to be their Spokesman.
·
Cast _________________’s vote to
require each State Delegation to appoint one Delegate to be their Spokesman.
xxv.
Call for a vote, at the appropriate time, to decide if the Sovereignty
and States Rights Amendment, as herein written, should be sent to the States
for ratification via Congress.
·
Cast _________________’s vote
requiring that the Sovereignty and States Rights Amendment be sent to the
States for ratification.
xxvi.
Assuming the Convention votes to send the Sovereignty and
States Rights Amendment to the States for ratification, call for another
vote to decide which method of ratification the Convention recommends to
Congress, whether by State Legislatures or State Conventions.
·
Cast _________________’s vote to
recommend to Congress that the Sovereignty and States Rights Amendment,
as herein written, be ratified by State Legislatures and not State Conventions.
xxvii.
Oppose any efforts by State Delegations to modify, alter or change in any
way the wording, punctuation, sections and spelling of the Sovereignty and
States Rights Amendment, as herein written.
xxviii.
Oppose any efforts by State Delegations to offer any other Amendment to
the Constitution at the Convention other than the Sovereignty and
States Rights Amendment, as herein written.
xxix.
Organize _________________’s Delegates at the Convention and
assign to each specific duties with instructions for carrying out the objectives
and purposes in this “Resolution" and directives that may, from time to
time, come from the “Committee” or State Legislature:
xxx.
Assign to Delegates from _________________ the following
responsibilities:
·
Work with and gain consensus from
other State Delegations for the purpose of securing their agreement that the
Sovereignty and States Rights Amendment, as herein written, should be sent
to the States for ratification.
·
Report to the Chairman the number
of other States that plan to vote in favor of the Sovereignty and States
Rights Amendment.
·
Report to the Chairman any problems
or opportunities that may have or might develop relating to the directives in
this “Resolution”.
xxxi.
Be amenable to both the “Committee” and _________________ State
Legislature.
10.
The Chairman is bound to vote at the Convention as directed in this
Resolution.
11.
Conduct frequent meetings with _________________’s State Delegates to
review, analyze and report on the work being accomplished at the
Convention.
a.
Establish plans to correct problems and to advance the objective which
is to secure a favorable vote by the Convention to send the
Sovereignty and States Rights Amendment to the States for ratification.
12.
Make regular reports to the Committee regarding all activities
at the Convention.
13.
Notify the Committee of financial or other needs the
_________________ State Delegation has at the Convention.
SECTION C. DUTIES AND RESPONSIBILITIES
OF “DELEGATES”
The Delegates of _________________’s State
Delegation will be required to follow the directives in this “Resolution”
and others that may be issued, from time to time, by the “Committee” or
by the State Legislature.
Each Delegate is charged with the following:
1.
Be amenable to and follow the instructions of the Chairman and
Assistant Chairman of _________________’s State Delegation.
2.
Be amenable to the President of the Convention.
3.
Work to advance all the requirements and directives in this
Resolution.
4.
Be subject to dismissal from the _________________ State Delegation for
violation of this Resolution.
5.
The Delegate is bound by this Resolution to vote at all
_________________ State Delegation roll calls consistent with directives given
to the Chairman in Section B., which includes sending the Sovereignty and
States Rights Amendment, as herein written, to the States for ratification
via Congress.
6.
Attend all assigned business sessions at the Convention.
7.
Help the Chairman to successfully complete each of the objectives in
Section B.
8.
Attend all meetings scheduled by the Chairman:
a.
Report to the Chairman the results of your work among other State
Delegates.
a.
Assess and report to the Chairman the number of States that plan to vote
in favor of the Sovereignty and States Rights Amendment.
b.
Assess and report to the Chairman any problems or opportunities that may
have or might develop relating to the purposes of this “Resolution”.
c.
Recommend to the Chairman other strategies that may help
_________________ join with at least 26 other States to vote for the
Sovereignty and States Rights Amendment at the “Convention”.
SECTION D. DUTIES AND RESPONSIBILITIES OF “ALTERNATES”
The Alternates of _________________’s State
Delegation will be required to follow the directives in this “Resolution”
and others that may be issued, from time to time, by the Committee or by
the State Legislature.
Each Alternate is charged with:
1.
Being ready to become a Delegate if directed to do so by the
“Committee” or State Legislature.
2.
Fulfill the duties in Section C. when appointed as a Delegate.
3.
When appointed to be a Delegate, work to advance all the requirements
and directives in this “Resolution”.
4.
Be subject to dismissal from the _________________ State Delegation for
violation of this “Resolution”.
5.
When appointed to be a Delegate, the Delegate is bound by this
“Resolution” to vote at roll calls consistent with directives given to the
Chairman in Section B., which includes sending the Sovereignty and States
Rights Amendment, as herein written, to the States for ratification via
Congress.
6.
Follow the instructions given to you by the Chairman or Assistant
Chairman of _________________’s State Delegation, the Committee or
State Legislature.
7.
When appointed to be a Delegate, attend all assigned business sessions
at the Convention.
8.
When appointed to be a Delegate, help the Chairman to successfully
complete each of the objectives in Section B.
9.
When appointed to be a Delegate, attend all meetings scheduled by the
Chairman:
a.
Report results of your work among other State Delegates.
d.
Assess and report to the Chairman the number of States that plan to vote
in favor of the Sovereignty and States Rights Amendment.
e.
Assess and report to the Chairman any problems or opportunities that may
have or might develop relating to the purposes of this Resolution.
f.
Recommend to the Chairman other strategies that may help
_________________ join with at least 26 other States to vote for the
Sovereignty and States Rights Amendment at the “Convention”.
SECTION E. TEXT FOR THE SOVEREIGNTY AND STATES
RIGHTS AMENDMENT
The exact text for the Sovereignty and States
Rights Amendment (including the wording, paragraphs, Section headings,
spelling and punctuations) that is to be sent to the State Legislatures, via
Congress, for ratification shall read as follows:
__________________________________________________________________________________________________
Text of proposed
SOVEREIGNTY AND STATES RIGHTS
AMENDMENT
ARTICLE 28 (or alternate number to be
assigned by Congress)
Section 1.
America’s constitutional history and historical experience is unique among
nations and revered by the American people. Because we are a Constitutional
Republic as mandated in Article IV, Section 4, of the United States
Constitution, this Article protects and reaffirms States Rights that have been
eroded by Congressional statutes, Judicial decisions, Executive Orders and
regulatory rulings. It
also mandates that the peoples’ government retain its Constitutional, State and
National sovereignty in all domestic and international affairs.
Section 2.
To secure the inherent sovereign rights of citizens and the sovereign authority
of the United States Constitution it is prohibited for the government to pass
any law, enact any regulation or adjudicate any matter in federal or State
Court(s), that would diminish, in any way, the authority the United States has
to govern itself as a sovereign nation and as a Constitutional Republic. The
Article prohibits the government from abdicating, in any way, the peoples’
sovereign Constitutional authority to any nation, or to any regulatory agency
(domestic or foreign), or to the United Nations, or to any International
tribunal or governing body, or to any domestic or foreign military force
(including NATO) or policing authority, or by Presidential Executive Order, or
by an Act of Congress (including the House of Representatives and the Senate),
or by Presidential approval by signature of any such Act of Congress, or by any
International Treaty or Treaties, or by any other method or strategy that might
be conceived to surrender or in actuality does surrender the United States’
National, States and Constitutional sovereignty.
Section 3.
The Article further prohibits the President from declaring Martial Law, or any
modified form of Martial Law, without the approval of three quarters of both
Houses of Congress. If Congress concurs and Martial Law is declared by the
President, then Congress must re-affirm the active status of Martial Law every
30 days with a two thirds vote in both Houses until such time that Congress
decides to rescind Martial Law with a majority vote in both Houses. If Congress
does not re-affirm the active status of Martial before 30 days expires, then
Martial Law at 12:01 A.M. Eastern Standard Time on the 31st day will
be automatically rescinded. Only the President of the United States, or his
Constitutionally authorized successor, accompanied by a concurring vote of three
quarters both Houses of Congress can declare Martial Law. This Section 3. does
not prohibit Congress from enacting additional conditions or restrictions that
shall be required before the President is authorized to declare Martial Law.
Section 4.
The Article also prohibits the President or any agency of the Executive Branch,
or any branch of the military, or any security agency of government, or any
other government body or agency from infringing on the Constitutional rights of
citizens. This prohibition includes the use of electronic surveillance and any
other intrusive method that the government might use to violate the
Constitutional privacy rights of citizens. Notwithstanding, when a duly
authorized search warrant showing probable cause in an appropriate jurisdiction
has been issued, then electronic surveillance or other methods of surveillance
can be employed in order to protect the security of American citizens. This
Section 4. does not change the provisions and protections that citizens retain
in Amendment IV of the United States Constitution.
Section 5.
The Article restores State sovereignty in our Constitutional Republic. State
Legislatures in the several States shall have the authority to disallow any
Congressional statute, law or ruling, Judicial decision, regulatory ruling by
any government agency, or any other government mandate imposed on them when in
the opinion of 60 percent of State Legislatures the law or ruling adversely
affects their States’ interest. In such cases, the countermand decision of each
State shall be delivered by each countermanding State to the leadership of both
Houses of Congress, the Chief Justice of the United States Supreme Court, the
President of the United States and when applicable the Regulatory Agency in
question. When 60 percent of State Legislatures countermand a law or regulatory
ruling, the law or ruling in question will be immediately and automatically
nullified and repealed. The State Legislatures shall have six months to
complete their countermands. If 60 percent of the State Legislatures do not
countermand by the end of six months, the Congressional statute, Judicial law,
Executive Order, or regulatory ruling will remain in full effect.
Notwithstanding, Section 6 will remain an option for State Legislatures if they
decide any law or ruling is onerous to their States’ interest after it has been
enacted.
Section 6.
Existing laws and regulatory rulings can be nullified and repealed with a
countermand from 60 percent of the State Legislatures in the several States.
When 60 percent of the State Legislatures countermand an existing law or
regulatory ruling it will be nullified and repealed after 3 months from the date
all countermands are delivered to the leadership of both Houses of Congress, the
Chief Justice of the Supreme Court, the President of the United States and when
applicable the Regulatory Agency in question.
Section 7.
Any elected or non-elected government official, or non-government individual or
principal of any private entity, who intentionally obstructs and/or prevents the
enforcement of the provisions of this Article will have committed a criminal
offense and will be subject to impeachment, when appropriate, and criminal
prosecution and upon conviction serve up to five years in prison. Individual
States shall have authority to prosecute violators of this Article under State
laws in the absence of Federal prosecution after 90 days from the date of the
alleged violation. Multiple prosecutions, by multiple States, for the same
alleged crime are prohibited.
Section 8.
The Article shall be immediately part of the United States Constitution upon
ratification by three quarters of the State Legislatures in the several States.
Section 9.
The provisions of this Article are enforceable within the United States which
shall include the Several States, the District of Columbia, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana Islands and the
territories and possessions of the United States.
__________________________________________________________________________________________________
Resolved,
That the Clerk forward a copy of this signed Agreement to the Leadership in the
State Legislatures of every State that has likewise approved a similar
Resolution for their Delegates.
This “Resolution” is hereby entered into and
approved by the Legislature of the State of _________________ on this date:
Month: ____________________ Day: _____ , Year: __________
.
Authorized Signatures with Titles:
Seal of the
State of _________________
Name: _________________________________Title:____________
Name: _________________________________Title:____________
For a .pdf copy of the Sovereignty State Rights Amendment click link:
Sovereignty States Rights
Amendment
For a .pdf copy of the Delegate Resolution for the Sovereignty and States
Rights Amendment click:
Delegation
Resolution Sovereignty States Rights Amendment
Delegate Resolutions
Controlling the Single Issue Federal Convention
Article V Analysis
From the Articles of Confederation to the Constitution
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States Rights
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