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For a .pdf copy of the Delegate Resolution for the Countermand Amendment Convention click: Delegate Resolution Countermand Amendment
THE LEGISLATURE OF THE STATE OF _________________
Joint Resolution No. ____________
Title: DELEGATE RESOLUTION
Instructions to Delegates at the “Countermand 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 Countermand 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 Countermand 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 Countermand 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 Countermand 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 Countermand Amendment that may be sent to it for ratification via Congress by the Convention. Only the Countermand 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 Countermand 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 Countermand 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 Countermand 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 Countermand 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 Countermand 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 Countermand 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 Countermand 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 Countermand 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 Countermand 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 Countermand 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 Countermand 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 Countermand Amendment Convention which is to decide if the Countermand 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 Countermand 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 Countermand 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 Countermand 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 Countermand 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 Countermand 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 Countermand 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 Countermand 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 Countermand Amendment, as herein written, should be sent to the States for ratification via Congress.
· Cast _________________’s vote requiring that the Countermand Amendment be sent to the States for ratification.
xxvi. Assuming the Convention votes to send the Countermand 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 Countermand 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 Countermand 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 Countermand 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 Countermand 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 Countermand 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 Countermand 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 Countermand 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 Countermand 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 Countermand 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 Countermand 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 Countermand 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 Countermand Amendment at the “Convention”.
SECTION E. TEXT FOR THE COUNTERMAND AMENDMENT
The exact text for the Countermand 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
COUNTERMAND AMENDMENT
ARTICLE 28 (or alternate number to be assigned by Congress)
Section 1. The Article restores State sovereignty in our Constitutional Republic by providing State Legislatures Countermand authority.
Section 2. State Legislatures in the several States shall have the authority to Countermand and rescind any Congressional Statute, Judicial decision, Executive Order, Treaty, government agency’s regulatory ruling, or any other government or non-government mandate (including excessive spending and credit) imposed on them when in the opinion of 60 percent of State Legislatures the law or ruling adversely affects their States’ interest. When the Countermand threshold has been reached, the law or ruling shall be immediately and automatically nullified and repealed. This Countermand authority shall also apply to existing laws and rulings.
Section 3. From the time the initial Countermand is issued by a State Legislature, the other Legislatures shall have 18 months to complete the Countermand process. If the Countermand process is not completed in 18 months, then the law or ruling that is being challenged shall remain enforceable.
Section 4. Each State Legislature must complete their Countermand affidavit and deliver a certified copy to the Chief Justice of the United States Supreme Court, the Leader of the United States Senate, the Speaker of the House of Representatives, the President of the United States, and when applicable the Government Agency or Body that is being challenged.
Section 5. Any elected or non-elected government official, or any non-government individual or organization, who intentionally obstructs or prevents the implementation of any provision in this Article shall have committed a criminal offense and shall be subject to impeachment (when applicable)and criminal prosecution and upon conviction serve up to five years in prison.
Section 6. 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 7. 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 8. 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:____________
Name: _________________________________Title:____________
Name: _________________________________Title:____________
For a .pdf copy of the Call on Congress for the Countermand Amendment Convention click: Call for Countermand Amendment Convention
For a .pdf copy of the Countermand Amendment click: Countermand Amendment
For a .pdf copy of the Delegate Resolution for the Countermand Amendment: Delegation Resolution Countermand Amendment
Article V Analysis From the Articles of Confederation to the Constitution
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