Resolution for the State of Massachusetts to Rescind all previous calls for an Article V Constitutional Convention

Whereas, the Legislative Assembly, acting with the best of intentions has, at various times, applied to the Congress of the United States to call a convention to propose amendments to the United States Constitution, pursuant to the provisions OF Article Vof the United States Constitution; and

Whereas, former Justice of the United States Supreme Court, Warren Burger, former Associate Justice of the United States Supreme Court Arthur J. Goldberg have stated that limitations and restrictions purportedly imposed by the states in applying for such a convention or conventions to the contrary notwithstanding, thereby creating an imminent peril to the well-established rights of citizens and the duties of various levels of government; and

Whereas, the Constitution of the United States has been amended many times in the history of this nation and may be amended many more times, without the need to resort to a constitutional convention, and has been interpreted for more than 200 years and has been found to be a sound document that protects the lives and liberties of the citizens; and

Whereas, there is a great danger in a new constitution or in opening the Constitution to sweeping changes, the adoption of which would only create legal chaos in this nation and only begin the process of litigation over its meaning and interpretation;  Now, therefore, be it

Resolved that the  House of Representatives of Massachusetts, The Senate of  Massachusets concurring therein:

That the legislative Assembly rescinds the following applications made by the legislative Assembly to the United States Congress to call a convention pursuant to Article V of the U.S. Constitution:

1931 Repeal of the 18^th Amendment CR 075, pg 00045

1931 Repeal of the 18^th Amendment CR 075 pg 00664

1941 Repeal of the 16^th Amendment CR 087 pg 03812

1952 Limited Federal Tax CR 098 pg 0464

1964 Reading of the Bible in Public Schools CR 110, pg 07371

1964 Reading of the Bible in Public Schools CR 110 Pg 07616

1964 Pensions for Citizens CR   110, pg 09875

1964 Pensions for Citizens CR 110, pg. 10013

1971 Revenue Sharing CR 117, pg 05020

1971 Financial Aid to Private Schools CR 117,  30887

1971 Financial Aid to Private Schools CR 117, pg, 30905

1976 Attendance at Public Schools CR 122 pg. 09735

1977 Right to Life CR 123 pg. 22022

Be it further resolved that the Legislative Assembly urges the legislative bodies of each state that has applied to Congress to call a convention to rescind; and

Be it further resolved, That the Secretary of State forward copies of this resolution to the presiding officer of each legislative body in each state, to the President of the United

States Senate, to the Speaker of the House of Representatives, to the members of the Massachusetts Congressional Delegation, and to the administrator of General Services, Washington, D.C.

The Dangers of a Federal Constitutional Convention

Today, we celebrate the 222^nd year of what is my opinion the greatest document ever devised by the minds of men for the purpose of governing-The U.S. Constitution.  Our nation was indeed blessed with a republican form of government that protected, not granted freedom.   Thereby, endowing generations of people freedom unknown through recorded history.  Sadly, we have witnessed gross usurpations of that constitution to the detriment of freedom

There are plenty of voices today that tell us the U.S. Constitution is fundmaentally flawed.   Still others who, like many of us here today, want to see it restored but still believe we need to add amendments to it- a blanked budget amendment, an amendment to prohibit the burning of our flag, an amendment to allow prayer in school and others.  It is my earnest opion and the opinion of the organization, which I represent, The John Birch Society, that the U.S. Constitution isn't flawed (although a few recent amendments should be repealed specifically the 16^th and 17^th).  The people that have taken an oath to defend the Constitution are flawed.  The best way to remedy the issues previous mentioned is simply by either obeying the Constitution or using the powers and duties of Congress to overrule the Supreme Court when it renders an unconstitutional decision.

There are two ways to amendment the U.S. Constitution, which we find in Article 5: each branch of Congress pass an amendment and then it goes to the states for ratification.

¾ of the sates must ratify it within a specific time frame before it becomes law.  The other method is a Con-Con where 2/3 of the states apply for a convention. hold a convention and proposes amendments.  Nothing in the Constitution limits a convention to a single amendment.  A Con-Con is a sovereign body that can propose anything it wishes.

Yes, ¾ of the states still have to ratify such amendments.  But with today's constitutionality challenged elected officials and regreatablily, the millions of Americans who are constitutional illiterates or have lost their concept of freedom, do we really want to put our Constitutional on a "chopping block."  We have had only one convention and that was the original convention, which ended 222 years ago today.  The mandate of the delegates was to fix the Articles of Confederation.  But being a sovereign body of the states, they wisely determined that it had to be replaced.

Back in the mid to late 1980's, our Constitution was indeed on a proverbial chopping block.  We were only 2 states away from a Con-Con.  And the forces that want to fundamentally chance the Constitution were salivating.  (A will hold up a copy of "The Power to Lead" by James Macgregor Burns).  Here is is one of those individuals who was salivating.  Listen to what he has to say about our Constition.  "Our founders to too smart for us...We must make right what they put asunder..."

Member's fht John Birch Society took a key role in educating and informing their state elected officials thought books, magazine articles, videos and now DVDs.  Since the late

1980's, a number of states not only voted against a Con-Con but rescinded all earlier calls for a Con-Con going back to the early 1900's.  However, the threat is once again rearing its ugly head.  IN December of 2008, a Con-Con proposal showed up in Ohio.  Vigilant members of The Birch Society quickly mobilized against the measure and it was soundly defeated.  IN January of this year, it showed up in Virginia where I believe it died in committee.  Others recently, in the wake of the Tea Party rallies, have renewed the push for a Con-Con.  With A little bit of information, we can end this threat.  Let me recommend a 36-minute DVD that I am offering to all in attendmence.  Let me suggest that you get this in the hands of your state legislators or better, yet, make an appointment and watch it with him or her.

At the recent National Conference of State Legislators Convention, The JBS had the opportunity to speak to hundreds of sate reps and senators.  Almost all of these folks knew nothing about a proposed Con-Con but all were instinctively opposed to it regardless of their party affiliation.

I have been in this great fight for over 20 years and being a resident of Massachusetts who loves freedom isn't an easy task.  But what I have witnesses d over the past few years and with the efforts of the wonderful people here today, I know that we will b e celebrating our U.S. Constitution next year and God willing, our children and grandchildren will be in our place 50 year from now celebrating our beloved Constitution.

Thank you.  God bless you and Mass LPA