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HISTORICAL QUOTE OF THE WEEK - "Always bear in mind that your own resolution to succeed is more important than any other." ABRAHAM LINCOLN

Friday, April 02, 2010

SOUTH CAROLINA LEADING THE WAY FOR CONSTITUTIONAL CONVENTION TO OVERTURN OBAMACARE

First let me state as a citizen of South Carolina I am not a big fan of Lt. Governor Andre Bauer, so this is not in any way signaling my support for his run for Governor. In fact my support for South Carolina Governor is with State Legislator Nikki Haley who I believe is the best candidate to lead this State with a strong conservative administration.

That said, I do commend Andre Bauer and fully support a task that he began on Friday March, 26 which is making a concentrated move to over turn Obamacare because of the numerous violations within the now passed and signed law that are unconstitutional and also violate the rights of individual states.

Bauer has initiated a drive calling for a Constitutional Convention to amend the Constitution in order to repeal Obamacare. The Constitution provides two procedures in which Amendments can be added. One is a two thirds majority in both the House and the Senate then ratified by three fourth or 38 States. The second is a Constitutional Convention needing 34 states to call for the convention and send representatives chosen by the State Legislatures after each Legislative body agrees to participate in the Convention. Any Amendment coming from the Convention then must be ratified by 38 States.

Bauer has already established the interest of four States and sent letters requesting a resolution for submission to the South Carolina State General Assembly. Resolutions are being prepared at Bauer's request by members of both the House and Senate of SC. There are currently 13 States who have either filed law suites or preparing to do so against the Federal Government to prevent the implementation of Obamacare but this process could take years and most believe it will not succeed in repealing any or all of the bill.

After consulting several Constitutional experts and attorneys, Bauer came to the conclusion that a Constitutional Convention specifically and only to repeal Obamacare was not only necessary but the only way to eliminate this unconstitutional law. Since last Friday he has been aggressively contacting States legislators throughout the Nation and has indicated that while he has a commitment of moving forward of four states that interest in the convention is very positive with everyone he has contacted.

If this succeeds, the Constitutional Convention would provide an Amendment specifically to make Obamacare no longer law. Some are trying to argue that a Constitutional Convention called for by 34 States cannot be limited in its scope to a particular bill as is being proposed by Bauer.

Article V of the Constitution pertains to the Amendment process and states in reference to a Constitutional Convention the following, " 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"

It is clearly obvious that the scopes of a Constitutional Convention is not specific therefore a limited scope to repeal one law is legal and permissible under Article V of the Constitution. While an uphill battle calling for a Convention to amend the Constitution to eliminate Obamacare can be done. 37 states have indicated after the bill was initially passed that the bill was damaging to the state. With 38 states needed ratify and amend the Constitution eliminating Obamacare it would seem that Bauer's call is a real possibility in repealing this disastrous unconstitutional law.

Ken Taylor

7 Comments:

Blogger ranman said...

Congressmen Gomert called for an Article V in the House of Reps. I posted video on it, I'll find it.

4:54 PM, April 02, 2010  
Blogger Christian Prophet said...

The real reason for repealing Obamacare and other entitlement programs is to paraphrase Jesus, "thoughts held in mind produce after their kind," thus seeing people as lacking produces people lacking. See the article "The Real Argument for Repealing Obamacare:"
http://constitutionparti.blogspot.com/

1:04 PM, April 04, 2010  
Blogger Bill Walker said...

For reference. All 50 states have submitted over 700 applications for an Article V Convention call. This is far in excess of the 34 required by the Constitution. Congress refuses to call the convention. To read the applications, go to www.foavc.org.

1:56 PM, April 08, 2010  
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