Title: COSAFL_ArticleVWorkingGroup

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Attached File: FloridaArticleVWorkingGroup_ConventionofStatesAction.pdf

It is in the interests of the State of Florida, the future of the Article V Convention of States, to develop a State appointed Committee or Working Group (of Legislators, or appointees) to drive the conversation prior to the convening of any Convention, and to ensure adequate preparation. Watch this quick video for clarity: https://youtu.be/qNfrmTPIXWA?si=tZWXZZft1KGr-3A

Created: 2024-09-20 11:41:23

Updated: 2025-01-12 19:36:17

Published: 2024-09-19 15:00:00

Converted: 2025-04-14T20:22:32.587211013

background image Co-founder, Mark Meckler

Florida State Director, Denah Butts

denah.butts@cosaction.com

(813) 853-1280

Florida Legislative Liaison Lead, Michelle Laflamme

michelle.laflamme@cosaction.com

(352) 455-8703

background image TABLE OF CONTENTS

Table of Contents

ARTICLE V WORKING GROUP WHITE PAPER.......................................................................................1

Preface........................................................................................................................................................1\\ Article V Convention of States Working Group:........................................................................................1

A [Resolution/Rule] to Establish a Process for the Selection and Oversight of Commissioners to an Article \\ V Convention for Proposing Amendments......................................................................................................5

I. Impose Fiscal Restraints on the Federal Government:................................................................................11

BALANCED BUDGET AMENDMENT:................................................................................................11\\ PROHIBITION AGAINST DIRECT TAXATION:.................................................................................12\\ ELIMINATION OF THE FEDERAL RESERVE:...................................................................................13

II. Limit the Power and Jurisdiction of the Federal Government:..................................................................14

background image III. Institution of Term Limits:......................................................................................................................22

TERM LIMITS:.......................................................................................................................................22\\ SUPREME COURT STAFFING AND SELECTION:............................................................................23

background image ARTICLE V WORKING GROUP WHITE PAPER

1

Preface

It is in the interests of the State of Florida, the future of the Article V Convention of

States, to develop a State appointed Committee or Working Group (of Legislators, or
appointees) to drive the conversation prior to the convening of any Convention, and to

ensure adequate preparation. Which committee, or similar body of appointed persons,
would be responsible to identify specific issues pertaining to the purpose of the

proposed convention, and establishing a “Florida Plan” to lead the administration of any
proposed Article V Convention of States.

Article

V Convention

of

States

Working

Group:

The primary responsibilities of the committee would be to 1) Develop structure for
selection and governance of State Delegates to the Convention of States, 2) Identify

Issue(s) of concern germane to the stated purpose of the Convention, 3) Draft
appropriate Amendments for presentation to the State Legislature for approval for

presentation to the Convention of States (a “Florida Plan”), and 4) Draft the rhetorical
support regarding the need and effect of the proposed Amendment. These

responsibilities are defined more thoroughly as follows:

1) The Committee shall develop a recommended structure for the selection of

Representatives to the Convention of States, which recommendation shall include
1) the number of Representatives, 2) method of selection, 3) the method of

determining the casting (“yea”/“nay”) of the single vote of the State in any votes
held at the convention, and 4) propose restrictions on the administration of

Delegate activities.

Preliminary Recommendations:
a. Delegation structure: It is recommended that nine Convention

Representatives be sent on behalf of the State. This ensures that

adequate

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2

representatives may be available for various breakout sessions, and that the

odd number would prevent potential “deadlocking” of votes.

b. Method of Selection: It is recommended that each house of the State

Congress shall select three (3) Representatives (six (6) in total) and that

the Governor shall select the remaining three (3) Representatives. It is
further recommended that both Houses of the State Congress and the

Governor each identify three (3) alternate representatives, in the event
that a representative becomes ill or backs out of the Convention.

c. Method of determining the State vote cast at the Convention: It is

recommended that all State Representatives to the Convention shall be
required to vote affirmatively (“yea”/“Aye”/“yes”) for any Amendment that

has been prepared and approved by the State Committee prior to the
convening of the Convention, and that all delegates vote affirmatively or

negatively for all Amendment proposals that are brought to a vote. No
delegate shall be permitted to reserve, or otherwise shirk the responsibility

of casting a valid “yay or nay” vote. It is further recommended that the
States vote in all circumstances shall be determined by a “simple majority”

(e.g., five out of nine delegates.

d. Propose restrictions on the administration of Delegate activities: in the

interest of ensuring fair and proper administration of Delegate authorities, it
is recommended that Delegates be required to sign a binding oath upon

acceptance of a nomination to serve as delegate, which oath may be akin to
the restrictions contained in Section 6 of Attachment A (Model Resolution

for the Selection and Management of State Delegates):

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3

2) Identification of Issues tied to the Identified Convention topics: For example

(with discussion/legislation regarding the Convention of States Action resolution
(SM 476)), the group would identify issues tied to Imposing Fiscal Restraints on

the Federal Government, Limiting the Power and Jurisdiction of the Federal
Government, and Limit the Terms of Office for Federal Officers and Members of

Congress. Under this structure:

a. The committee shall be responsible for laying out specific areas of areas of

concern germane to the identified topics/purpose of the Convention. In the
case of “Limiting the Power and Jurisdiction of the Federal Government”, this

will be done by determining what actions and agencies exist outside the
explicit authority granted under the enumerated powers granted the Federal

Government within the text of the United States Constitution, without
regard for prior assertions of constitutionality under Article I, Section 8,

Clause 18 referred to as the “Necessary and Proper” clause.

b. Further, the committee shall identify those encroachments into the Rights

of the States, and the Liberty of the People, which may flow out from the

specific enumerated powers of the Federal Government, which yet prove
burdensome to the States and the People respectively, in support of the

stated purpose of “Limiting the Power and Jurisdiction of the Federal
Government”.

c. A very broad body of sample Amendments and rhetorical support can be

found in Attachment B, provided for the purpose of aiding in the analysis

of potential topics for consideration, and the provision of sample rhetorical
support for the topics identified therein.

3) The Committee shall draft Amendment(s) as appropriate to address the

identified areas of concern, tying each proposed Amendment directly to a stated

topic/purpose of the call for a convention. Under no circumstances shall an

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4

Amendment be approved, or proffered to the State, unless such Amendment can

clearly derive its need from the stated objectives of the Florida State Application for
an Article V Convention of States.

4) Each draft Amendment shall be accompanied by a rhetorical analysis of the

identified issue the Amendment addresses (e.g., encroachment on the States or
the People), and shall articulate the resolution of that issue which is represented in

the draft Amendment. This responsibility represents nothing less than the drafting
of a modern Federalist Papers, which shall accompany the final submission of the

recommended Constitutional Amendments for consideration under the Convention
of States.

5

A [Resolution/Rule] to Establish a Process for the Selection and Oversight of Commissioners to an

Article V Convention for Proposing Amendments

SECTION 1. Applicability. This [resolution/rule] applies to a
convention for proposing amendments held under Article V of the

U.S. Constitution.

SECTION 2. Definitions. As used in this [resolution/rule]:

A.

“Advisory committee” means a committee consisting of members selected by
each chamber using the process defined in this [resolution/rule] to perform

the duties defined in this [resolution/rule];

B.

“Chamber” means either the Senate or the [House of

Representatives/House of Delegates/Assembly] of the [legislature/general

assembly];

C.

“Commissioner” means a person selected by resolution of the

[legislature/general assembly] as provided herein to represent this state at

an Article V convention for proposing amendments;

D.

“Commissioning Resolution” means the resolution adopted by the

[House of Representatives/House of Delegates/Assembly] and Senate of

the [legislature/general assembly] which sets forth the names of the
appointed commissioners and their commissions and instructions;

E.

“Delegation” means the group of commissioners and interim

commissioners chosen by the [legislature/general assembly] to attend an
Article V convention with the powers and duties defined in this

[resolution/rule];

F.

“Interim Commissioner” means a person selected by the

advisory committee pursuant to Section 8 to fill a vacancy in the

delegation.

SECTION 3. Qualifications of Commissioners. At the time of

appointment and throughout the Article V convention, a
commissioner:

A.

Must be a United States citizen and have been such for at least 5 years;

B.

Must be a resident of the state and have been such for at least 5 years;

C.

Must be at least 25 years old;

D.

Must be a registered voter in this state;

E.

Must not be registered or required to be registered as a federal lobbyist at any

time within the last 5 years;

6

F.

Must not currently be a federal employee (other than a member of the United

States armed forces) or contractor, nor have been such at any time within the
last 10 years;

G.

Must not have held a federal elected or appointed office at any time within
the last 10 years;

H.

Must not have had any felony convictions for crimes involving moral
turpitude in any jurisdiction, nor any felony convictions for any crime in any

jurisdiction within the last 10 years;

I.

Must not hold a statewide office while performing the duties of commissioner

or interim commissioner. For purposes of this section, a position as a state
legislator is not deemed a “statewide office.”

SECTION 4. Commissioner Selection and Removal.

A.

[Number] commissioners shall be named by a resolution passed by a

majority of those present and voting in a joint session of the
[legislature/general assembly]. All commissioners shall be appointed by

this process.

B.

The [legislature/general assembly] shall maintain an odd number

of commissioners in the delegation.

C.

A commissioner or interim commissioner may be recalled and/or

removed at any time and for any reason by a joint resolution of the
[legislature/general assembly] or by a majority of those present and voting

in a joint session thereof; and if the [legislature/general assembly] is not in
session, may be recalled and suspended from their duties by the advisory

committee, pending a vote of the legislature.

D.

A commissioner or interim commissioner shall be recalled and/or

suspended by the advisory committee pursuant to a determination

under Section 13 that he or she has exceeded the scope of his or her
authority.

SECTION 5. Commissioning Resolution.

A.

The resolution naming the commissioners shall include their

commission. The commission shall include, but shall not be limited
to, the following components:

1. A commissioner shall not vote for or otherwise promote any

change to the traditional convention rule of decision on the floor
and in the committee of the whole, to-wit, that each state has

one vote.

2. A commissioner shall not vote in favor of any proposed

amendment that would alter the text of the specific guarantees
of individual liberty established by the Constitution, including

the original Constitution, the Bill of Rights, and the following

7

amendments: Thirteenth, Fourteenth, Fifteenth, Nineteenth,

Twenty-Third, Twenty-Fourth, and Twenty-Sixth.

B.

The commissioning resolution shall clearly state the scope of the
commissioners’ authority, which shall be limited by:

1. if this state was not one of the two-thirds of the states applying

for the Convention, the subject matter enumerated in the 34

state applications that triggered the convention; or

2. if this state was one of the two-thirds of the states applying for

the Convention, the subject matter in this state’s application;
and

3. any additional instructions from the [legislature/general

assembly], whether in the commissioning resolution or issued

thereafter.

C.

The [legislature/general assembly] may provide additional

instructions at any time via subsequent resolution, a copy of which the Clerk

of the [House of Representatives/House of Delegates/Assembly] shall provide
to each commissioner and to the advisory committee.

SECTION 6. Oath.

A.

Each commissioner shall, before exercising any function of the

position, execute the following oath in writing: “I do solemnly swear (or
affirm) that I accept and will act according to the limits of authority specified

in my commission and any present or subsequent instructions. I understand
that violating this oath may subject me to penalties provided by law. I

understand that I may be recalled or suspended from my duties by the
[legislature/general assembly] or the advisory committee. ”

B.

A commissioner’s executed oath shall be filed with the Secretary of

State.

SECTION 7. Credentials. After a commissioner’s executed oath is
filed with the Secretary of State, the Clerk of the [House of

Representatives/House of Delegates/Assembly] shall provide to the
commissioner an official copy of the executed oath and the

commissioning resolution, which together shall serve as the
commissioner’s credentials.

SECTION 8. Vacancies. Any vacancies shall be filled by the

advisory committee’s selection of an interim commissioner until
such time as a vote by a joint session of the legislature shall select a

permanent replacement.

SECTION 9. Compensation and Expenses.

A.

A commissioner shall receive the same compensation as a member

of the [House of Representatives/House of Delegates/Assembly/] of this

8

state, prorated for length of time served.

B.

A commissioner is entitled to receive the same allowance for

expenses as provided to a member of the [House of Representatives/House

of Delegates/Assembly] of this state.

SECTION 10.Emolument and Gift Prohibition.

Neither a commissioner nor an interim commissioner shall accept, during his
or her time of service, any gifts or benefits with a combined value of more

than two hundred dollars ($200.00), other than from a member of his or her
family and of the kind customarily granted by a member of one’s family. The

term “gift or benefit” shall be construed liberally to include current and
future loans, lodging, food, offer of prospective employment, and other actual

and prospective benefits. An employer’s decision to continue paying a
commissioner’s current salary shall not be construed to be a gift.

SECTION 11.Quorum, Conduct, and Rule of Decision within the

Delegation.

A.

The commissioners within the delegation (including any interim
commissioners filling a vacancy) shall choose from among them a

person who shall chair the delegation, a person who shall cast the
state’s vote on the convention floor, and a person to speak to the

mass media on behalf of the delegation. If the delegation so decides,
the same person may exercise any two or all three functions. The

delegation may designate a different commissioner to perform any
function at any time.

B.

Each commissioner shall take care to avoid communicating the
impression to any person outside the delegation that the delegation

is divided on a question on which the delegation has taken a formal
position, including but not limited to casting a vote.

C.

No commissioner other than the one designated to communicate with
the mass media on behalf of the delegation shall communicate with the

mass media about convention business during the convention or
during any temporary recess or temporary adjournment.

D.

A commissioner violating Section 11(B) or (C) may be suspended
or recalled by the advisory committee or by the

[legislature/general assembly].

E.

Sections 11(B) and (C) shall not be construed to prevent a

commissioner from presenting his or her opinions to the convention or
debating a matter at the convention on which his or her delegation

has not formally taken a position.

F.

The quorum for decision by the delegation—including the designation

of commissioners for particular duties and the determination of how
the state’s vote shall be cast—shall be a majority present and voting

at the time the delegation is polled. No decisions shall be made and no

9

vote shall be cast if less than a majority of the delegation votes in the

poll.

G.

The rule of decision for the delegation, a quorum being present,

shall be a majority of those present and voting at the time of polling.

SECTION 12.Article V Commissioner Advisory Committee.

A.

The advisory committee consists of the following members:

1. A State Senator appointed by the President of the Senate;

2. A State [Representative/Delegate/Assemblyman] appointed by the

Speaker of the [House/Assembly];

3. A member of the legislature nominated by joint action of the President

of the Senate and the Speaker of the [House of Representatives/House

of Delegates/Assembly] and approved by the majority of those voting in
each Chamber.

B.

The advisory committee shall select one of its members as chair.

C.

A commissioner may request that the advisory committee advise him

or her as to whether a prospective action by the commissioner would
violate the commissioning resolution or any subsequent instructions.

D.

The advisory committee:

1. Shall communicate to the commissioner requesting such advice a

determination within 24 hours of receiving the request.

2. May communicate such determination by any appropriate medium.
3. Shall have authority to hire staff and develop appropriate procedures

and mechanisms for monitoring the convention, its committees, and
subcommittees.

SECTION 13.Monitoring the Exercise of Commissioner Authority.

A.

Whenever the advisory committee has reason to believe that

a commissioner or interim commissioner has exceeded the scope of his or her
authority, the committee shall notify the Speaker of the [House/Assembly],

the President of the Senate, and the Attorney General.

B.

Upon the request for a determination by the Speaker of the

House, the President of the Senate, or the Attorney General on whether a
commissioner or interim commissioner has exceeded the scope of his or her

authority, the advisory committee shall issue a determination on whether the
commissioner or interim commissioner did exceed his or her authority. The

determination shall be expeditiously made and immediately communicated to
the person requesting it.

C.

Upon determining that a commissioner or interim commissioner

10

has exceeded the scope of his or her authority pursuant to Section 13(A) or

(B), the advisory committee shall immediately exercise its authority under
Section 4 to remove said commissioner, and shall communicate said action

and the reasons therefor to the Speaker of the House, the President of the
Senate, the Attorney General, and the presiding officers of the convention.

background image ATTACHMENT B: Sample Florida Plan

11

FLORIDA “HAMILTON COUNCIL” PROPOSED

AMENDMENTS

BY

“PURPOSE” OF THE CONVENTION

I. Impose

Fiscal

Restraints

on

the

Federal

Government:

BALANCED BUDGET AMENDMENT:

1. Congress shall adopt a preliminary fiscal year budget no later than the first Monday in
May for the following fiscal year and submit said budget to the President for
consideration.
2. Should Congress fail to adopt a final fiscal year budget prior to the start of each fiscal
year, which shall commence on October 1 of each year, and/or if the President fail to sign
said budget into law, an automatic, across the board, 5 percent reduction in expenditures
from the prior year’s fiscal budget shall be imposed for the fiscal year in which a budget
has not been adopted.
3. Total outlays of the federal government for any fiscal year shall not exceed its
receipts for that fiscal year.
4. Total outlays of the federal government for each fiscal year shall not exceed 17.5
percent of the Nation’s gross domestic product for the previous calendar year.
5. Total receipts shall include all receipts of the United States Government but shall
exclude those derived from borrowing. Total outlays shall specifically exclude those for the
repayment of debt principal.
6. Congress may provide for a one-year suspension of one or more of the preceding
sections in this Article by a threefifths vote of both Houses of Congress, provided the vote
is conducted by roll call and sets forth the specific excess of outlays over receipts or outlays
over 17.5 percent of the Nation’s gross domestic product.
7. The limit on the debt of the United States held by the public shall not be increased
unless three-fifths of both Houses of Congress shall provide for such an increase by roll
call vote.
8. This Amendment shall take effect in the two fiscal year after its ratification.

EXPLANATION OF PURPOSE: “First, a balanced-budget requirement will ensure we
do not continue to drive our country further into debt by trying to do all things for all
people. There are some programs we simply cannot afford, but deficit spending makes it
too easy not to say no.
When Republicans and Democrats are forced to spend only what we take in, Congress
will not be able to sidestep tough decisions about our national priorities.
Second, balancing our budget today will avoid even tougher choices tomorrow.
Proponents of investments in areas such as education, infrastructure and energy should
welcome a balanced-budget amendment because it will help make money available in the
future for these priorities. Under the president's recent budget proposal, which runs a

background image ATTACHMENT B: Sample Florida Plan

12

deficit every year, payments on the national debt will quadruple over the next decade,
crowding out important resources.
Delaying the inevitable only increases the severity of the cuts to important programs.
Finally, a structural budget restraint is necessary to overcome Congress's insatiable
appetite to spend. Both parties deserve blame for irresponsible spending. A balanced-
budget amendment is the only way to ensure that Congress acts in the best interest of the
country, regardless of who is in power.
Critics worry that an amendment that requires a two-thirds vote to circumvent under any
circumstance may prove problematic in the case of an emergency. But history shows that
in real emergencies, it is not difficult for Congress to produce a supermajority. Three
days after the Sept. 11 terrorist attacks, the House passed an emergency supplemental
spending bill, 422 to 0. The Senate passed it 96 to 0.” (Sen Mike Lee)

PROHIBITION AGAINST DIRECT TAXATION:

The 16th Amendment to the United States Constitution is hereby rescinded. This represents
complete repeal of the Sixteenth Amendment, returning to the States all responsibilities for
direct taxation. The Federal Government may still levy taxes against the many States and
Territories on a per capita basis, and may still collect revenue in other, less intrusive ways
(e.g., tariffs, excise taxes). This amendment shall take effect October 1st. 202X.

EXPLANATION OF PURPOSE: It should be clear to every thinking person that the fear
of those that opposed the Sixteenth Amendment has come to the fullness of its fruition.
The amendment which was passed in 1913 has become “a terror and torment to the
honest citizen”, exactly as was predicted and feared, costing the United States economy
an estimated $147 Billion dollars each year (TaxFoundation.org.). The absurd, overly-
complicated, and bureaucracy ridden Internal Revenue Service is rife with waste,
incompetence, and abuse; that is, when it is not being outright weaponized against some
element of the citizenry. This is all to say nothing of the role-reversal that has occurred in
the wake of the Sixteenth Amendment, making states subservient to the will of the
Federal Government, subject to the bureaucratic whims of the Federal Government for
fear of losing Highway, School, Medicaid, or other funds. The Founders rightly
conceived that a Federal Government reliant upon the many States for the collection and
provision of taxes for the administration of Government was less able to use such funds
for the oppression of the States that must fund such tyranny. By contrast, we have
allowed a system to take root that forces the many States to beg the Federal Government
for some portion of the taxes collected, and has facilitated the wasteful pork barrel and
earmark funding schemes that have driven debt spending and brought the United States
to the brink of financial oblivion. It is only through the returning to the States the power
to levy direct taxation that the Federal Government can be forced to relinquish the
financial stranglehold it has taken on the State and the Citizen alike.

background image ATTACHMENT B: Sample Florida Plan

13

ELIMINATION OF THE FEDERAL RESERVE:

The Federal Reserve Act of 1913 is hereby repealed.

The rights and responsibilities relating to the minting of Federal monies, as established
under Article I, Section 8, are recognized as inherently governmental and not subject to
delegation or assignment outside of the halls of Government, and shall be executed via the
Executive Branch via the Department of the Treasury, under the oversight of the united
States House of Representatives. It is further recognized that the rights and responsibilities
identified are granted toward the administration and policies of a monetary system, and that
such authorities do not allow for the Federal Government to engage in direct banking
activity or management.

Article I, Section 10, Clause 1 is hereby rescinded and replaced with the following:
“No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque
and Reprisal; emit Bills of Credit; pass any Bill of Attainder, ex post facto Law, or Law
impairing the Obligation of Contracts, or grant any Title of Nobility. The many States SHALL

reserve the power to mint gold and silver Coin, or Money backed by gold or silver at an
established weight, as Tender in Payment of Debts;

EXPLANATION OF PURPOSE: The Federal Reserve Act required its member banks to
hold reserves in the form of Federal Reserve notes or deposit accounts with their local
Reserve Bank. A member bank could obtain additional currency or reserve deposits by
borrowing at the “Discount Window” of its Reserve Bank. A bank that wished to obtain
funds in this way would provide some of its short-term commercial or agricultural loans
as collateral for the loan. The Fed’s discount window was thus a mechanism for
transforming illiquid bank loans quickly into cash and thus providing the nation’s money
supply with the desired “elasticity.” An important function of central banks was to serve
as lender of last resort to the banking system, and discount window lending has
traditionally been a key part of how the Fed has performed that role.  In the 1920s, the
Fed began to adjust its discount rate and buy and sell U.S. government securities to
achieve macroeconomic objectives. The Federal Reserve Act permitted the Reserve
Banks to buy (and sell) U.S. government securities, mainly so the Banks would have
interest income to cover their expenses.  When the bottom dropped out of the U.S.
economy in the 1930s followed by the Great Depression, many economists blamed the
depression on the Fed—specifically on the Fed’s limited response to banking panics and
their disrupting effects on the economy. Economists and historians continue to debate
why the Fed failed to prevent the Great Depression after apparently successfully steering
the economy out of trouble during the 1920s.  History is repeating itself now.  With a
federal government wildly out of control, printing money that is no longer backed by the
gold standard, it is worthless.  States would do a better job if they were allowed to create
their own tender in the form of gold or silver, or backed thereby.

background image ATTACHMENT B: Sample Florida Plan

14

II. Limit

the

Power

and

Jurisdiction

of

the

Federal

Government:

SENATE APPOINTMENT:

The 17th Amendment to the United States Constitution is hereby repealed. All United
States Senators shall be chosen by their state legislatures as prescribed by Article I, Section
3. This amendment shall not affect the term of any Senator chosen before its ratification.
When vacancies occur in the representation of any State in the Senate for more than ninety
days the Governor of the respective state shall appoint an individual to fill the vacancy for
the remainder of the term. A United States Senator may be removed from office by a two-
thirds vote of the respective State House of Representatives.

EXPLANATION OF PURPOSE:
While some may seek to argue that we seek to take power from the people, I would
caution against such a cynical view. This amendment is presented explicitly for the
purpose of returning oversight of the Senate closer to the individual and providing
additional checks and balances against rogue U.S. Senate behavior. Take, for instance,
my state of Florida. We have two Senators for approximately twenty-two million people.

That means I am merely one of eleven million constituents to whom my Senator is

accountable. By contrast, Florida has one-hundred and twenty State Representative,
meaning that I am one of approximately 183,000 constituents to whom my State
Representative is accountable. By returning to the process of appointment to the State
Legislatures, you provide the respective States a voice in the Federation to which they
are a Party. Equally important is the truth that by returning oversight of the individual
U.S. Senators to the State House of Representatives, the process of accountability is
effectively unionized. As an individual voter, you have much more impact on your
State Representatives than you will ever have with a U.S. Senator. Thus, allowing the

individual voter more direct access to those that may effect change in the management of
the U.S. Senate. The truth is that the current U.S. Senate accountability process
has thoroughly proven the old leadership maxim “When everyone is responsible
for something, no one is”.

It is instructive to understand that the entirety of our system of government was Intended
to be a series of checks and balances, with the two Primary Parties to the “contract” that
is the Constitution being the Citizen, the State, and the newly developed third party
“Joint Venture” that was the Federal Government established via the adoption of the
Constitution. It is noted that a fourth (secondary) party was brought into existence in
support of the governance of this “Joint Venture”; that party being the Supreme Court of
the United States. Both of the primary parties (the Citizens and the States), were to have
direct representation within management of this “Joint Venture”, and thereby the Body
Politic and the “Joint Venture” itself would have its own representation in the
governance; 1) the Citizens have the House of Representatives; 2) the States had the
Senate; and 3) the Federal Government has the Executive Branch. The Constitution (the
Contract establishing this Joint Venture) has its own representation via the Supreme
Court. The reader will note the subtle change in verb tense relating to the representative
of the States. As a result of the 17th Amendment, ratified in 1913, the States which

background image ATTACHMENT B: Sample Florida Plan

15

comprise the United STATES of America lost their voice within the Federal
Government. This is rightly viewed as a “hostile takeover of the “Joint Venture”. Yes,
fully one third of the parties to a contract have been silenced and have had its ability to
petition and participate in the Government subsumed.

RESTRICTIONS TO THE AUTHORITY OF EXECUTIVE AND
ADMINISTRATIVE AGENCIES:

No activity (i.e. direct action, policy, decision, guidance, definition, or redefinition) by any
bureaucrat, executive, agency, or employee of the Federal Government shall alter, establish,
or abolish the nature or application of the laws of the United States so as to increase the
impact of such laws on the citizens or corporations of these United States. The Congress and
the President, being vested with the responsibility for passage of law shall be responsible to,
if they so desire, codify any proposed activity into law prior to implementation. It is noted
that the States and the People grant no exemption for the purposes of Executive Agencies
acting in response to Executive Orders, Presidential Emergency Action Documents, or other
Congressional or Executive fiats.

EXPLANATION OF PURPOSE
The authority to create laws is vested in Congress—not the unelected bureaucrats in the
respective Agencies that Congress created, the making of Law is expressly recognized as
a non-delegable authority granted to Congress alone. The administrative agencies have
been allowed to create a multitude of governmental actions amounting to law. This
process was institutionalized during the great depression era as part of FDR’s New Deal,
and has led to generations of waste, fraud, and abuse that has existed since their
inception. It was never intended that these agencies become regulation and rule makers
in that such rules and regulation should bear the full weight of law in the initiation of
new and novel requirements levied upon the public, but that they would be responsible
for the provision of rule and regulation that would articulate the requirements of law in
strict accordance with the express desire of the Congress. This amendment is intended to
restore back to the People and to the States the rightful administration of law, and to
abolish the unlawful authority that has been taken up by the administrative machine. It is
the right of the States and of the United States Congress to make laws and such
authorities were never granted to unelected bureaucrats, nor shall it ever be.

SUPREME COURT DECISION NULLIFICATION:

If at any time a Supreme Court decision is found repugnant to the Republic, as evidenced by
a three-fifths majority vote of the respective State legislatures, or by three-fifths majority
votes in both chambers of Congress, such decision shall be expunged from the records as
though it had never occurred.

EXPLANATION OF PURPOSE: It is the clear opinion of the Founders, and the rational
position of any thinking person, that five appointed persons would be so imbued with
majesty so as to be flawless in their interpretation and execution of law. It was Justice
Robert Jackson famously quipped, “We are not final because we are infallible, but we are

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infallible only because we are final.” It should have been clear after the Dred Scott v.
Sandford decision, where the Supreme Court upheld slavery, that checks and balances
were required against even the supreme court. Yet, we find that legislation,
reinterpretation, and judicial abuse survived for generations beyond. In the event of a
gross miscarriage of justice, or judicial activism, it is the peoples most foundational right
to reassert the will of the Governed and return to the people that power which was
usurped by any branch of the Government.

FEDERAL LAW NULLIFICATION:

In the event that a Federal Law is deemed inconsistent with and/or repugnant to the
Constitution or the Republic as evidenced by a by a simple majority of the State
Legislatures, such Law shall be expunged from the records as though it had never passed
through the U.S. Congress.

EXPLANATION OF PURPOSE: It is the clear opinion of the Founders, and the rational
position of any thinking person, that the many States were never intended to be subject to
the unimpeded whims of the Federal Government which they themselves had created.
Where Constitutionality itself is sufficient justification for an amendment of this nature,
so too is the consent of the governed.

CONGRESSIONAL LAW APPLICABILITY:

Congress shall make no law that applies to the citizens of the United States that does not
apply equally to the Senators and/or Representatives; and Congress shall make no law that
applies to the Senators and/or Representatives that does not apply equally to the citizens
of the United States.

EXPLANATION OF PURPOSE: This recommendation falls to the lowest basic standard
of governance subject to the consent of the governed. In no free state can a people be
expected to persevere under the hand of them that call themselves servants, yet use the
power of their borrowed office to effect law that either enriches the governors while
oppressing the governed, or establishes a de facto leadership class that exists and benefits
beyond the laws effect on the common man.

JUSTIFICATION OF CONSTITUTIONAL AUTHORITY:

No Bill passed through Congress shall be made law unless such Bill contains direct and
complete justification and authority, derived by specific Constitutional citation. Nor shall any
Executive Order take effect except that such Order contains direct and complete justification and
authority, derived by specific Constitutional citation. Any Bill or Executive Order making
reference to Article I, Section 8, Clause 18 as a basis for its authority shall require
supplementary justification in the form of a detailed description of any rational supporting such
a “necessary and proper” justification, including supplementary citation of a constitutional

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authority or requirement that the “necessary and proper” action in question is intended to
support.

Should any Congressional Act be challenged as unconstitutional, all preliminary
justifications/hearings/injunctions shall rely solely upon the Justification of Constitutional
Authority drafted and approved by the Congress prior to the passage of the Bill effecting the
Act in question.

EXPLANATION OF PURPOSE: In the interest of good order and discipline, and so as
to avoid any misrepresentation to (or misinterpretation by) the citizenry of the States, or
the Courts, it is both appropriate and prudent that any law passed through the Congress,
or any Executive Order issued by the President, should be supported by its Constitutional
authority. It is expected that in either circumstance the action should have already met a
modicum of Constitutional scrutiny prior to its passage/issuance, which scrutiny and
veracity of claim shall be the basis of any potential judicial review, and thus should be
established at the outset. It is unreasonable to expect that the first time any action (taken
under a Constitutional Republic) is subject to Constitutional scrutiny would be upon
issuance of legal challenge. [This simply requires the Government to make a written case
that their actions fall within their Constitutional authority prior to taking that action]

FEDERAL PROPERTY RIGHTS AND CONTROL:

The Federal Government shall not be entitled, authorized, or allowed ownership or control
of any land except that which is authorized herein. 1) A single contiguous Federal property
(Qualifying as a Territory) officially designated as the Federal Capital, which property shall
not be admitted as a State within the Union so long as it is so designated, 2) United States
Territories, which have not yet been accepted to Statehood, and 3) Lands duly, and
willingly, leased from the many States, or private citizens under mutually acceptable terms
and conditions.

EXPLANATION OF PURPOSE: Despite no specific constitutional authority for the
Federal Government to “own” land, the Federal Government currently owns between
25% and 30% of all property in the United States. This is recognized as an infringement
on the rights of the States and the People respectively. No right-minded review of the
United States Constitution, and the writings of the Founders, could come to an
expectation that the Federal Government could, or should, at any time in United States
history be the single largest landholder in the entirety of the Nation. This usurpation of
State land is viewed as a clear and direct violation of State Sovereignty, and the
limitation of powers effected under the Tenth Amendment to the United States
Constitution.

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PROHIBITION AGAINST THE FEDERALIZATION OF POLITICAL
PARTIES:

The Federal Government shall not accept, authorize, endorse, or publicize any political parties.
Nor shall any Federal ballot, or State ballots for Federal elections, contain any reference to party
affiliations to which private citizens are entitled to join in accordance with the First Amendment
to the United States Constitution.

EXPLANATION OF PURPOSE: This prohibition is engendered as a result of the
peoples’ recognition that, in accordance with the predictions and warnings of our first
president, allegiance to political parties has indeed facilitated unhealthy polarization of
both the Government and the population at large and has resulted in political class
development akin to that of an aristocracy, which has been cultivated so as to protect the
power of the respective parties.

PROHIBITION AGAINST CIVIL ASSET FORFIETURE:

No State or Federal Government shall effect civil asset forfeiture lasting more than 72 hours
except that 1) a Federal (for Federal Government) or State (for State Governments) judge has
signed a warrant detailing reasonable grounds for belief of guilt of a crime of a felonious nature,
and 2) all assets are catalogued and returned if the individual is found Not Guilty of the charged
crime, or if the respective Government fails to bring charges within six months from the time of
asset seizure. Which return of assets shall occur within 72 hours of any exoneration, dropping of
charges, or lapse of the six-month deadline for charging.

EXPLANATION OF PURPOSE: While the people may have expected the text of the
Fourth and Fourteenth Amendments to have been sufficient to prevent the gross
miscarriage of justice that is called “Civil Asset Forfeiture”, we would have been
mistaken. The people view this practice as antithetical to the ideals of due process and
individual property rights. These practices clearly deprive persons of property without
due process of law, and thus constitute an infringement upon the civil rights of the
individual. In a sane nation, this Amendment would be unnecessary, and would
constitute a redundancy against the Fourth and Fourteenth Amendments. However,
considering the Supreme Court’s unwillingness to uphold the Constitutional protection
against capricious seizure of property, it is apparent that this requirement must be made
all the clearer. Our national governance and evolution towards a police state has
progressed to such a state that the government, in its various forms and capacities, has
breached a critical juncture. As noted by the Washington Post, there are years where the
government takes more assets from the citizens of the United States than are lost due to
unlawful theft. Thus, the state sanctioned theft of private property may rightly be
considered to be under greater threat by the Government than by modern thieves and
brigands. To this, I would merely quote the venerable Thomas Paine, “Government, even
in its best state, is but a necessary evil; in its worst state an intolerable one: for when we
suffer, or are exposed to the same miseries BY A GOVERNMENT, which we might
expect in a country WITHOUT GOVERNMENT, our calamity is heightened by
reflecting that we furnish the means by which we suffer.” Let us once and for all reaffirm
the fundamental right to the protection of one’s own property that should already have
been evident by the plain text of the

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Fourth Amendment to the Constitution of the United States, the Constitution to which
theses rogue enforcement agencies (and the officers thereof) are purportedly beholden.

SUPREME COURT LEGAL ACTIONS FALLING UNDER ORIGINAL
JURISDICTION:

The Supreme Court of the United States shall be required to hear, and produce a ruling on, all
cases in which the Supreme Court is the court of original jurisdiction, in accordance with Article
III, Section 2, of the United States Constitution. Such hearing shall take place no later than 6
months from the date of case filing, and ruling shall be issued no later than 9 months from the
date of case filing, but shall take place with all possible efforts at expediency.

EXPLANATION OF PURPOSE: In certain circumstances, as in the case of one State
suing another State, the sole jurisdiction rests with the Supreme Court of the United
States. Thus, we find that the right of redress of the parties to any such suit is imperiled
by the willingness of the Supreme Court to even hear such a case. It is possible, and has
happened, that such suits are unable to obtain so much as a perfunctory hearing; not
because the merits of the case do not qualify, nor even because the case fails to make
actionable claim, but rather because the Supreme Court justices decline to hear the case,
and they do so often without so much as reviewing the associated claims of briefs. It is a
travesty of justice that parties entitled to redress of wrongs would be waylaid not by
circumstance or want of evidence, but by the mere unwillingness of the sole arbiter at
law to participate in the process of justice which is their very purpose for existence.

CONGRESSIONAL BILL PROGRESSION:

No Bill shall be brought to a vote in the House of Representative or the United States Senate
without first having been put forward for public review, in its entirety, for the longer of 72
hours, or two hours for each 8”x10” numbered page used in printing said bill. Emergency
measure may be undertaken by the respective Legislative bodies without regard to the
public review process provided, first, that a three-fifths majority of the respective body
votes that emergency action is required for the bill under consideration.

EXPLANATION OF PURPOSE: “We have to pass the bill so that you can find out what
is in it” (Nancy Pelosi). This cannot be the stance of a government the purports to govern
a free society. Too often our legislators vote and pass bills without any meaningful
understanding of their contents, implications, or the will of the people they are intended
to represent. In a free State, it cannot be asked of a Representative of the people that a
legislator would be required to read, interpret, and cast an informed vote on any Bill,
without due time for consideration, for public comment, and for the constituents of the
respective legislators to contact them and make known the will of the governed. This
perversion of intellectual honesty breeds pork barrel spending, perversion of intent, and
leaves far too many legislators ignorant of the full breadth of the very Bills they are
voting on. The citizenry of the United States deserve and demand the deliberative body

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that the Constitution sought to establish in the creation of the Congress, and it is
reasoned that no such expectation of full-bodied deliberation is possible when the
respective legislators are not given sufficient time to comprehend the very Bill they are
to vote for or against.

COMMON VERNACULAR:

All Federal Bills, Laws, Regulation, and Guidance shall be drafted, processed, passed, and
implemented via the use of the common modern vernacular, so as to facilitate proper
understanding of the citizenry with regard to the content and implications of all such
documents.

EXPLANATION OF PURPOSE: The common everyday citizen is rightly the master of
government, as such, it is viewed as a subversion of the consent of the governed that
more than one-third of the citizens represented by the House and Senate cannot rightly
interpret the laws passed by their representatives in Congress. As such, the modern
common vernacular in use at the time a bill is passed shall most effectively ensure that
common citizens may best understand the actions of their Government, and the impact
of those actions on their own lives and livelihoods.

FEDERAL AND FOREIGN GOVERNMENT SURVEILLANCE OF
UNITED STATES CITIZENS:

No Federal or State Government shall permit, engage in, or collaborate towards the
surveillance of United States Citizens without first having satisfied due process in
accordance with the Fourth and Fourteenth Amendments to the United States Constitution
as relates to due process. This prohibition exists regardless the public, private, domestic, or
foreign nature of any entity with which the respective governmental body might seek to
collaborate with or employ.

EXPLANATION OF PURPOSE:  The inalienable right to privacy is a right enshrined in
the Articles prohibiting against unlawful searches and seizures.  Surveillance of a citizen
is an infringement of that right.  It is therefore reasserted here, that the People have the
right to be secure in their homes without interference, surveillance, oversight, intrusion,
search, or seizure of those rights by the government.

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SUSPENSION OF CIVIL RIGHTS:

The President, Congress, and the many States are prohibited from suspension of any
Constitutional right, except that specific rights may be suspended by two-thirds majority
vote of both the House and Senate in Cases of Rebellion or Foreign Invasion. No such
suspension shall last for a period greater than thirty-days, excepting that such suspensions
may be extended in thirty-day increments by subsequent two-thirds majority votes of both
the House and Senate. In no circumstance shall any such suspension last greater than one-
hundred and eighty days (180) during any eighteen (18)- month period. It is further clarified
that no declaration of an “emergency” or use of executive authority shall warrant or justify
the suspension of civil rights, except that they are accompanied by the aforementioned two-
thirds vote by both the House and the Senate in response to Rebellion or Foreign Invasion.

EXPLANATION OF PURPOSE: Pending

APPORTIONMENT OF ELECTORAL COLLEGE VOTES:

Federal Electoral College Votes shall be assigned by the many states in all Federal elections
based on the percentage of the vote received, to all candidates that receive at least 5% of the
votes cast in the general election. No state shall assign votes via a “winner take all” process,
as this is repugnant to the basic ideal of Representative Republic.

EXPLANATION OF PURPOSE: At its very core, we discuss here the most basic charge
which brought about the revolution by the colonies of the “new world” and resulted in
the establishment of the United States of America. The perverted execution of the
Electoral College has once more resulted in “taxation without representation”. This is
most pernicious in that those states that execute the scheme that robs the minority
opinion citizenry of their voice in Federal elections. This scheme serves to press the
Electoral College into simple majority service, while stripping the minority population of
any meaningful impact on the election of the President of the United States. This should
in no way be interpreted as a call for popular election, or unrestrained democratic
election of the President, as the Electoral College is rightly viewed as a check against
populism, thus preserving the protections against abuses by the majority. The Electoral
College is, rightly viewed and executed, the most basic realization of the values of a
Representative Republic. These values demand that the voices of the citizens be both
heard and headed, while ensuring that the weight of any particular assembly of citizens is
not granted such weight, by virtue of majority rule, that they are given to subsume the
will of free states, and free citizens.

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DEFINING THE SCOPE OF THE FEDERAL POWER TO REGULATE
COMMERCE:

The powers conveyed under Article 10, Section 8, Clause 3, of the United States
Constitution (i.e., “the commerce clause”) shall be constricted in their interpretation to only
such powers required regulate matters of conflict between the many States and resident
Indian Tribes, and to maintain within the borders of the United States a free and
unrestrained market pertaining to interstate commerce. Under no circumstances shall the
Federal Government have any power to compel, tax, regulate, punish, or otherwise engage a
citizen, business, or State, outside of active participation in business transactions equating
to interstate “commerce”. The Federal Government is further, and expressly, prohibited
from regulating individuals that are not already actively engaged in commerce. It is the
intent of this Amendment to expressly repudiate the constitutional opinion represented in
Wickard v. Filburn (317 U.S. 111, 63 S. Ct. 82, 87 L. Ed. 122 (1942)), claiming that
Congress may regulate the activities of entities totally apart from interstate commerce, if
those activities affect interstate commerce.

EXPLANATION OF PURPOSE: Pending

DEMILITARIZATION OF FEDERAL AGENCIES:

With the exception of the Department of Defense, no Executive or Federal Agency shall be
permitted to acquire, own, or utilize Arms or Ammunition, with the exception that the
Congress has voted by a sixty percent (60%) majority to invest such Agency with Domestic
Law Enforcement Authority. With the exception of the Department of Defense, no
Government Agency shall be entitled to the use of Arms or Ammunition that is prohibited
to the general citizenry of the United States.

EXPLANATION OF PURPOSE: Pending

III. Institution

of

Term

Limits:

TERM LIMITS:

No member of the House of Representative, the United States Senate, or the Supreme Court
of the United States shall serve more than twelve years in any one of the Legislative or
Judicial Branches of the Federal Government, or more than fifteen years in any combination
of the Legislative and Judicial Branches of Government. Upon ratification of this
Amendment, any incumbent member of Congress whose tenure or term exceeds the limits
established herein shall complete the current term, but thereafter shall be ineligible for
further service as a member of Congress or the Judiciary.

EXPLANATION OF PURPOSE: This Amendment serves the purpose of eliminating the
political class and returning to the foundational principle that the Government should be
representative of the People. Under our current system, political representatives enter the
congress and remain for decades, some of whom have spent a significant majority of
their lives in elected office. There may be those that argue 30-50 years just makes for a
more experienced leader… but we find that a hollow claim. For individuals that are

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intended to represent the general public, business, and minorities, these professional
politicians can scarcely remember what it was to be a “mere citizen”. The primary benefit
derived from this amendment will be the recognition that these holders of political office
will be required to live, and provide for their families, under the laws, policies, and
regulation that they pass through the halls of government. This results in a legislative
body that is once more truly invested in the impacts of the law on the common citizen.

SUPREME COURT STAFFING AND SELECTION:

The Supreme Court of the United States shall be comprised of 9 Judges, each serving a
single term consisting of 12 years, delegated into three Classes of three Justices, which
appointments shall be staggered in four- year increments. Supreme Court Class Terms shall
be staggered so as begin on the 17th day of April, and end on the 16th day of April.
Immediately upon ratification of this Amendment, Congress will organize the justices of the
Supreme Court into three classes, with the justices assigned to each class in reverse seniority
order, with the most senior justices in the earliest classes. The terms of office for the justices
in the First Class will expire on the 17th day of April of the fourth Year following the
ratification of this Amendment, the terms for the justices of the Second Class will expire at
the eighth April, and of the Third Class at the twelfth April.

Any Justice’s seat which is vacated outside of the prescribed process (e.g., death or
retirement of a Justice) shall not be filled until the following presidential appointment, and
the succeeding Justice shall assume the “class” and tenure of the vacating Justice, resulting
in a maximum term for the succeeding Justice of only that balance remaining of the
preceding Justice’s available term.

EXPLANATION OF PURPOSE: It is with solemn respect for the institution which leads
to the recommendation of Term Limits for Supreme Court Justices. The political left and
right have both made countless claims regarding the partisan nature of various Supreme
Court Justices. In the same way, there has been a bi-partisan recognition that the court
has too much power and too frequently operates as an unelected legislature, up to and
including the redefinition of language and/or re-writing laws in question in the course of
issuing rulings. As a result, every appointment has become a political fight to the death,
focused almost exclusively on the ideological impacts of the appointment as opposed to
the resume and jurisprudence of the nominee today. Further, ending lifetime appointment
for Justices would also promote the “consent of the governed”, contrasting our modern
“angels to govern us” approach that was firmly rejected by Thomas Jefferson as a form of
judicial tyranny.

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