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In the 18th century, the newly emancipated states were only willing to ratify the Constitution on the condition that they are granted the power to amend the Constitution in the same way that the Congress does, under Article 5. This was such an important issue to them that without this agreement, they were unwilling to join the Union of States. Over the last 200 years, however, its importance and significance of this clause has been forgotten in our collective consciousness as well as in our classrooms. In fact the importance of this clause is underscored when we consider that despite the avalanche of legislation in the 2nd half of the 20th Century, the Congress has not passed a significant amendment to the Constitution since the Voting Rights Act of 1965.

It is time to raise the level of awareness of this most important issue.

As we speak, there is a motion before the Article V Inter-Occupy Work-group that reads:

“We involved with Inter-Occupy Article 5 Conference call acknowledge the fact that the States have satisfied the required two-thirds numerical threshold to call for a National Constitutional Convention under Article V of the US Constitution.”

(We offer the attached data to support our agreement of fact. )

Although it may seem impossible to believe given the lack of attention from the mass media, our States have already satisfied the requirement under Article 5 of the U.S. Constitution to call a National Constitutional Convention to order. Actually only 34 states are necessary to fulfill the requirement for calling for a National Constitutional Convention. After such a demand is made, it is the responsibility of the United States Congress to select a time and location and to allocate funds for the convention. The role of Congress to summon this convention is not a choice but more ceremonial in nature.

Sadly, however, our Congress is broken and unwilling to fulfill this obligation.

“So why are we not having a convention? Someone needs to get a lawyer,” one of the members chimed in. Well, actually, we did get a lawyer and a fine one. In Bill Walker v. Members of Congress, Mr. Walker demonstrated that the requirement had been met, but the Congress seemed to feel that they weren’t REALLY required to fulfill their obligation under Article 5 as it is written. Some of these calls for convention seem too old, they said. The records are from the group co-founded by former Michigan Supreme Court Chief Justice Thomas Brennan and are images scanned straight from the legislative record, over 700 of them.

Each of these calls by each State is a standing law until it is rescinded. They do not expire. The constitution is not terribly complicated. It only required the numerical count of two-thirds of the States to trigger a National Constitutional Convention. Our Constitution is not just a list of ambitious goals but actually needs to be followed as it is written in plain English.

The problem is there is no finish line to cross or bell that rings when the job is done, so Congress can just pretend the that records don’t exist. We are in the midst of a Constitutional crisis that no one seems to be aware of. The power to ignore the call for a Constitutional Convention gives the Congress exclusive right to alter and abolish the Constitution. That is not how our forefathers agreed to form this nation.

Now we have a political system and relationship between the states and the federal government that our forefathers could have never envisioned. We need to come together to debate such vital issues as whether or not free speech is money and corporations are people. Also, internet privacy and speech rights, cloning, genetic engineering, stem cells, cyber warfare, having a private mint in an age of digital currency, voting machines, budget management, trade agreement guidelines, and many other wedge issues that are being used as political footballs to score points in the obstructed halls of Congress.

The reality is that this right to amend is being denied not to the people but to the States. The States need to recognize the fact that their rights are being denied by Congress and the States need to begin delegate selections and the elections of delegates to convention on the November ballot of this year. If the States do not use this right, they will lose this right. It is a primary right in our highest law and the need for the States to acknowledge this has never been more evident.

Just in case you have any doubt that Congress has ignored these calls, I would direct your attention to the State of Wisconsin’s application to Congress and their inclusion of the records of other States that had made the call for Convention that fell of deaf ears.

I have stated my position on the record. I challenge the media, Occupy Wall Street, and Congress to prove otherwise. The record is clear, the reality that Congress is remiss in their duty is clear. If the power of Congress is to ignore, then Occupy must acknowledge the record as fact. The truth is on our side. The States must begin the delegate selection process immediately. The States have satisfied the required two-thirds numerical threshold to call for a National Constitutional Convention under Article 5 of the US Constitution. Seize the day, America.

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Daniel Marks

Daniel Marks