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36 STATES DID NOT RATIFY 17TH AMENDMENT - WHAT WILL STATES DO?

 

 

By: Devvy
January 16, 2012
NewsWithViews.com

The outrage continues over the NDAA (National Defense Authorization Act) passed by the U.S. Senate. Those political animals have confirmed rotten, activist judges for decades destroying our lives and that includes the U.S. Supreme Court. Dr. Richard Cordero put together an extensive collection of evidence to politically correct, Justice Sonia Sotomayor is guilty of fraud and a participant in a cover-up in concealing assets as part of a judicially run andtolerated bankruptcy fraud scheme.

GOP Senators Ignore Sotomayor's Criminal Activities

Sotomayor lied through omission on her original sworn statements to the Senate Judiciary Committee and even though she made a correction, she continued to lie about a condo she owns in Florida. Webofdeception.org uncovered the documents.

Sotomayor's confirmation vote rescheduled

Despite all the hard proof, the Senate Judiciary still confirmed an individual who should have been indicted by a federal grand jury; the statute of limitations has probably now run out. The U.S. Senate was too cowardly to deny Sotomayor a seat on the court because of her ethnicity and back lash by special interest voting blocs.

On May 18, 2006, those poltroons once again voted like lunatics: "The Senate voted yesterday to allow illegal aliens to collect Social Security benefits based on past illegal employment — even if the job was obtained through forged or stolen documents." Yes, illegal employment are the key words, but you can bet any senator who voted for it will get votes from millions of illegal aliens who are voting - illegally.

One can fill a book with anti-American, unconstitutional bills and treaties passed by the U.S. Senate in my lifetime. Like the U.S. House of Representatives, they continue to vote massive borrowed dollars for unconstitutional cabinets like the EPA, the Federal Department of Education, foreign aid and more - without a scintilla of legal authority to do so.

This issue is both constitutional and legal. First let me address the issue of what the Seventeenth Amendment is for those who might not know: It was a proposed constitutional amendment which would allow election of U.S. Senators by the people. Of course, this is 1,000 percent the opposite of those wise men who birthed this constitutional republic.

When the First Continental Congress was convened via a resolution of the Congress of the Confederation, one of the first issues discussed on May 29, 1787, was the balance of power for a newly created federal government:

3. Resolved, that the National Legislature ought to consist of two branches.

4. Resolved, that the member of the first branch of the National Legislature ought to be elected by the people of the several States every _____ for the term of _____; to be of the age of ____years at least and so forth.

5. Resolved, that the members of the second branch of the National Legislature ought to be elected by those of the first, out of a proper number of persons nominated by the individual Legislatures, to be of the age of ____ years at least and so forth.

James Madison wrote in The Federalist Papers #45: "The Senate will be elected absolutely and exclusively by the State legislatures." John Jay, co-author of The Federal Papers is quoted: "Jay then informed Governor Clinton that, unlike the Senate, where the two-thirds rule was in force for treaties and impeachment, the lower house had nothing to do with treaties; it represented the people whereas the Senate represented the states--for the Federalists always a significant distinction."

The framers of the Constitution wisely understood the absolute necessity of ensuring we the people would have the right to vote for our representative in Congress, and at the same time because they all jealously guarded freedom and liberty, the states must also have equal representation. We the people would have the ability to remove via the ballot box, miscreants and scoundrels, while the state legislatures could recall their U.S. Senators who acted against the best interests of their state.

The Senate was supposed to be a sort of checks and balances, but that noble concept disappeared when U.S. Senators were then voted into office by special interests and mobs demanding more and more from the people's treasury. The absolute right of the states to equal representation was wiped out when the Seventeenth Amendment was declared ratified on April 8, 1913.

The level of ignorance on this issue shocks even me. I once read a comment below a news item regarding former senate candidate, Joe Miller, [R-AK] after he came out supporting a repeal of the Seventeenth Amendment. The useful fool who submitted the comment said old Joe wouldn't have to run for office and worry about getting beat. Miller's opponent and alleged eventual winner, Lisa Murkowski, RINO, opened the pie hole in her face: "...was the first to criticize Miller's comments, issuing a news release entitled “Joe Miller reaching new extremes every day.”

“We have seen Joe Miller take some extraordinary positions in this campaign, but I never imagined he would support disenfranchising himself and every other Alaskan,” Murkowski said in a statement. “Joe is no longer content with simply taking away federal support for Alaskan families, now he wants to take away their right to select our United States senators.”

Yeah, those who gave their lives and blood to create this republic reached "new extremes" when they voted to create two separate bodies for the U.S. Congress, one for the people and one for the states.

Think Murkowski wants to give up her power as a U.S. Senator? When pig's fly. That foolish hen votes for legislation that affects my life and I can't vote her out of office. Another dangerous female, Olympia Snowe, RINO from Maine, voted for the unconstitutional Obamacare declaring her constituents wanted it! Well, I'm not her constituent and I sure as hell don't want it. The vile, Charles Schumer, [D-NY] would like to see the Second Amendment wiped off the books and every time he votes for a bill, I have no way to send his "progressive" backside packing.

The U.S. Senate over the years has ratified treaties killing nearly eight million good paying jobs sending them overseas. This has had a direct impact upon the states as far as growth, unemployment and so many problems, it would take fifty columns to cover. All because of an amendment to the U.S. Constitution that was not ratified by the necessary number of states at the time - 36.

I know, there are a lot of groups out there pounding the pavement begging the outlaws in the U.S. Congress to repeal that amendment. No. How many more lies are we going to support? It sickens me to think about the lies from Pearl Harbor to the Bay of Tonkin, KAL 007, the OKC bombing, 9/11, you name it. How many more lies do we cover up instead of standing up for the truth and dealing with it?

The truth is the outlaws in the U.S Congress are not going to repeal that amendment even if it were legally ratified. House members want a senate seat and senators want the White House.

I have been on this fraud for more than 15 long years. Over the course of 2011, I sent a handful of state representatives and a couple senators proof that amendment was not ratified. Really, a massive amount of documentation. I ask if they would file a lawsuit in their official capacity as state legislators to stop any senate candidate or incumbent from being on the ballot in their state; standing would not be an issue. No one has the right to run for the U.S. Senate under a law that does not exist, period.

While not the course I suggested, I thought my prayers were answered when I found out a bill was written and was to be introduced this month in the New Hampshire General Court (Legislature): H.B. 1126 - "This bill requires members of the general court to nominate candidates for United States. senator."

However, last week I felt like I had been sucker punched when I found out from Rep. Davenport that due to a procedural error, the bill will not be introduced this session. I do thank Rep. Davenport and his colleagues for their work which will continue on this issue.

While it is devastating, it's not the end. That bill, should it have been introduced, would have prompted the question: "Wait - we can't do that. The Seventeenth Amendment allows direct election of U.S. senators." That would be true, however, no one can find the vote by California making ratification one state short even if you pooh-pooh away all the errors by states during the ratification process. Bill Benson originally researched the Sixteenth Amendment non ratification nearly 30 years ago; he also did the Seventeenth at the same time. What I have done is back up his research and more. Now many state legislators have it and so do you.

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Over the past decade and a half, I've heard the stonewalling and excuses about changes to the amendment made by states: punctuation and actual word changes not mattering. Wrong. More than a decade ago, Constitutional attorney, Larry Becraft, who has more than 35 years experience fighting in federal courts and giving the IRS some of it's worst bloody noses, filed a lawsuit in the State of Oklahoma over the non ratification of the 16th Amendment; known as the federal income tax amendment. He writes:

The legal necessity for concurrence in legislative acts.

“Philander Knox was Secretary of State back in 1913 and was by law the public official to whom the States which allegedly ratified this amendment were to send their notices of ratification. When enough of these documents were received by Knox, he commenced a review of them and drafted a report dated February 15, 1913. Therein, Knox noted that "under the provisions of the Constitution a legislature is not authorized to alter in any way the amendment proposed by Congress, the function of the legislature consisting merely in the right to approve or disapprove the proposed amendment." But having said this, Knox went on in the same report and noted all the various changes that the states had made to the amendment.

“This proposition that state legislatures cannot alter or change a proposed constitutional amendment is derived from an establish legal principle which requires that legislative bodies, when considering any given legislative act, must agree to the exact same wording and punctuation of that proposed law. This legislative principle was discussed in a booklet titled How Our Laws Are Made, Document Number 97-120, 97th Congress, First Session, written by Edward F. Willett, Jr., Law Revision Counsel for the U.S. House of Representatives:

"Each amendment must be inserted in precisely the proper place in the bill, with the spelling and punctuation exactly the same as it was adopted by the House. Obviously, it is extremely important that the Senate receive a copy of the bill in the precise form in which it passed the House. The preparation of such a copy is the function of the enrolling clerk.

"When the bill has been agreed to in identical form by both bodies– either without amendment by the Senate, or by House concurrence in the Senate amendments, or by agreement in both houses to the conference report– a copy of the bill is enrolled for presentation to the President.

"The preparation of the enrolled bill is a painstaking and important task since it must reflect precisely the effect of all amendments, either by way of deletion, substitution, or addition, agreed to by both bodies. The enrolling clerk.... must prepare meticulously the final form of the bill, as it was agreed to by both Houses, for presentation to the President.... each (amendment) must be set out in the enrollment exactly as agreed to, and all punctuation must be in accord with the action taken."

Of course, our lawsuit was kicked to the curb by the court and we didn't have enough money (The Wallace Institute) to take it to a higher court. I doubt it would have succeeded because most judges are simply gutless without an ounce of integrity.

I want you to go look at this case: Sullivan vs. U.S., et al. A 2003 case which clearly demonstrates federal judges are too cowardly to stand up for the U.S. Constitution and should be thrown off the bench by Congress. While that case dealt with war and the Monroe Doctrine, read the actual words of Judge James C. Cox, beginning on page 23: “..you would find that a sufficient number of states never ratified that amendment (16th)”. And, "I think I'm correct in saying that actually the ratification never occurred."

According to that judge, it's okay fraud sends Americans to prison. That federal judge spontaneously brought up the Sixteenth Amendment (federal income tax) and clearly stated what Bill Benson proved in his research and went to prison for: it was not properly ratified. How many hundreds, if not thousands are rotting in federal prisons because of a law that does not exist? One too many while the American people dutifully lay bare their personal lives to the IRS in the hope they avoid an audit.

As for the Seventeenth, this needs to be considered: Can a constitutional amendment be constitutional if it amends the Constitution by a back door method?

Full text of "Constitution Jefferson's Manual And Rules Of the House Of Representatives Of The United States Eighty Seventh Congress"

"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."

For those states who voted not to ratify or those who were out of session at the time and didn't vote – the Seventeenth Amendment clearly does as they did not give their consent to be deprived equal suffrage in the Senate. I don't think people can appreciate the battle that went on during the first Contential Congress until they read Max Ferrand's historical work, The Records of the Federal Convention of 1787. It's free on the Internet, but I have the three volume soft copy set (1800 pages). It is a remarkable walk through history.

The Seventeenth Amendment clearly violates Article V for the following states who did not ratify the Seventeenth Amendment: Utah (explicitly rejected amendment); Alabama; Florida; Georgia (refused to vote on it); Kentucky; Maryland; Mississippi; Rhode Island; South Carolina; Virginia.

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I went to the National Archives in Washington, DC and retrieved the proof that amendment was not ratified. Dozens of states made changes to the text in one form or another. All documents can be viewed and printed here.

Long ago I focused on this letter given to me in the mid-1990s by an individual with impeccable credentials. As you can see, it is a letter from the the archivist at the Secretary of State's office stating: "There was no debate or voting record listed in the California State Senate or Assembly Journals". On what? The ratification of the Sixteenth and Seventeenth Amendments.

It is alleged California voted to ratify the Seventeenth Amendment on January 28, 1913. Next, please look at this journal page I personally retrieved from the California State Archives. 1913. See item 7 regarding the constitutional amendment to elect U.S. Senators: May 20, 1913: From Committee. Without Recommendation. How could it go from committee without recommendation on May 20th if it was allegedly voted on five months earlier? It wasn't.

Over the years, the folks at the California State Archives have been so kind and helpful in my research. This past summer I drove 100 miles to Angelo State U, the closest repository of old records and went through their microfilm. That promoted me to again contact California to request court certified copies of the journal records for 1913. Guess what? They're all on the Internet now and what do those official records from California show for January 28, 1913?

There was no vote that day or any other for the Seventeenth Amendment. I had my web master down load everything and also put it on a CD, which I sent to the state reps and senators listed below. I did it to protect the truth, i.e., a journal page which looks authentic suddenly appears with the proper vote. I knew there was no vote back in 2000 because I went to the California State Archives (15 minutes from my home then) and asked for a search. I went back the next day and was informed by the head archivist no such vote was found.

The Seventeenth Amendment to the U.S. Constitution (as well as the Sixteenth) was clearly not ratified by enough states. There is also another problem. I tried to obtain an investigation from the State of Georgia, but they don't do mail requests anymore because of budget cuts. I was going to ask Rep. Bobby Franklin to help me, but God, rest his soul, that fine man died unexpectedly on July 26, 2011, from heart disease; I was so shocked. What did I want Bobby to help me with? The State of George did not vote on that amendment. Their governor at the time commissioned an investigation: Congress did not properly adopt the amendment before it was even sent to the states. I printed out everything I could find at Angelo U of the bickering between congress critters at the time and the amendments, but I wish I had a copy of that investigation. State reps and senators can probably get a copy because they are elected officials.

The bottom line is this: We are being destroyed from within. The top issues in this country crushing us are Agenda 21, the unconstitutional "Federal" Reserve and the federal income tax. Our major job sectors gutted because of vile treaties like NAFTA pushed through by then Speaker of the House, Newt Gingrich. Obamacare and endless new regulations coming out of alphabet soup agencies that are unconstitutional, killing the states and employers. The states have no representation in Congress; they are little more than doormats. The states must stand up and fight back as those representatives were going to in New Hampshire with H.R. 1126 or allow the federal machine to crush them and all of us.

That isn't going to happen until one state takes the first step in challenging the non ratification of that amendment. It may be okay with the federal judge in the Sullivan case that people are rotting in prison for an amendment that wasn't ratified, but it's not okay with me and I hope not okay with you. And, please, I'm sick to death of the mealy mouthed excuses that it can't be done or chaos would ensue or the legislatures would appoint the same flavor of corrupt individuals that keep getting elected by the mobs. I would say Apollo 13 qualified as a situation where chaos might have taken over, but it didn't. Strong minds, professionalism and faith brought those astronauts home.

We are a different nation now than in 1913. We have the power, literally, of the people at the state level to make damn sure those appointed senators represent the rights and interests of the state which benefit all of us or we vote out the state representatives and senators who appointed them. If we truly are to be a nation of self governance, then we have to take control. Those individuals in the state houses work for us, not the other way around.

This will only happen when a few state legislatures go for the cure. Do what Rep. Joshua Davenport did - get a bill introduced THIS session. This is an emergency, so maybe there is some way it can be done in your state. Those counterfeit U.S. Senators are killing jobs, making more and more regulations hurting the rights of your citizens, not to mention our God-given rights. Yes, it IS an emergency as we slide further into the continuing nightmare.

Okay, forget New York, California and states like mine (Texas) who are out of session until Jan. 2013. It would be close to impossible to get a special session called for something so important as fraud and the right of the state to expose it. Every state has its own rules about introducing bills, but if you want something bad enough, it can get done.

Over the years I have been asked to endorse senate candidates; I have refused. I have not voted for a senate candidate since 1996. I will NOT be party to the continuing fraud. No individual has the right to run for the U.S. Senate. I know "senators" like Rand Paul are very popular and if this fraud were exposed, their state legislature can still appoint him to carry on. This is a mess (with both amendments), but by golly, it can be dealt with one step at a time. Or, do we continue to live with lies, fraud and destruction?

No more resolutions asking Congress to pretty please, repeal the Seventeenth Amendment. That will never happen and it's not even the legal way to address this. While I would like to have seen a few state legislators challenge ballot access, too many state judges are cowards just like federal judges.

Here are the individuals I sent the material to besides the representatives in New Hampshire: Rep. Phil Hart [Idaho], Rep. Pete Nielsen {Idaho], Rep. Bryan Hughes [Texas}, Senator David Williams {Kentucky], Senator Howard Stephenson [Utah], Rep. Leo Berman [Texas], Rep. Matthew Shea {Washington State] Rep. Lois Kolkhorst [Texas] and Rep. Jim Landtroop [Texas]. While I did not send him the materials, if you live in Arizona (think the slimy, corrupt John McCain), I would contact Sen. Ron Gould. He knows all about this fraud. All are fine individuals. If we don't try, we will surely continue down the abyss.

This is NOT a political party issue. It's about fraud and the real intent of the framers of the U.S. Constitution. It's about the right of the states in this Union to have representation in the U.S. Congress.

Now, how bad to we want to get rid of rotten, corrupt senators and how bad do the states want to reclaim their rightful place in Congress?

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Enough to make your voice heard at your state house - now? Many state legislatures are only in session a few months and then close up shop. We can't continue to put out a thousand brush fires coming out of the Senate. Once a bill is introduced in a state, then it's up to the people of that state to literally storm the state house demanding passage; non violently of course. Remind them November is coming.

Here is a special page I set up to help educate legislators as well as my fellow Americans about the destruction of the Seventeenth Amendment and past efforts. We are on the cliff, folks. I do hope the good people who are promoting repeal of the Seventeenth Amendment turn their efforts towards getting a bill passed just like the one in New Hampshire, H.R. 1126, that sadly, won't get introduced this year.

No more lies. No more covering up because it is the easy way out.

Important links:

1- Inside Oklahoma’s 16th Amendment lawsuit

Geoff Metcalf interviews attorney Larry Becraft on ratification challenge
2- The Oklahoma Protest - 16th Amendment

There has been no court challenge to the Seventeenth Amendment because it takes tons of money and there isn't a single federal judge in this country with the intregrity or courage to take it on.