THE LEGISLATURE OF THE STATE OF NORTH CAROLINA
Joint Resolution No. ____________
Title: COUNTERMAND AMENDMENT DELEGATE RESOLUTION
Resolution Governing All Parties Originating or Participating in
Article V Countermand Amendment Convention
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WHEREAS, Article IV, Section 4 of the Constitution of the United States
guarantees to every State a Republican form of government that gives each State
equal standing when calling for an Article V Amendment Convention. Article V of
the Constitution of the United States reserves to the State Legislatures the
right to Call for an Amendment Convention for the purpose of proposing
amendments to the United States Constitution when Congress, the Courts, and/or
the Executive Branch refuse to address an egregious wrong suffered by the
people; and
WHEREAS, The State Legislatures alone have the authority
(as elected Representatives of the People) to ‘Call’ on the United States
Congress to convene an Article V Amendment Convention and to ‘limit’ the agenda
and authority of Delegates and/or Alternates (hereinafter referred to as
‘Delegates’) they send to a convened Article V Convention. This sovereign
authority does not reside in United States Congress, nor in the Federal or State
Courts, nor in the Federal Executive Branch, nor in State Executive Branches of
government. This authority resides solely in STATE LEGISLATURES.
WHEREAS, The United States Congress, under Article V of
the Constitution, is required to convene an Article V Amendment Convention as
Called for and defined by the State Legislatures of the Several States. The
United States Congress has been Constitutionally charged to facilitate the
Applications from the States in an orderly and expeditious manner and to convene
the ‘Article V Countermand Amendment Convention’ when two thirds of the States
have completed their applications.
WHEREAS, The ‘Delegates’ sent by the North Carolina State
Legislature (hereinafter called ‘Legislature’) to the ‘Article V Countermand
Amendment Convention’ (hereinafter called ‘Convention’) are Ambassadors required
to fulfill the Commission given to them by the ‘Legislature’. THEY ARE NOT
FREE AGENTS. They are empowered only to complete the terms and conditions
defined by their ‘Legislature’ in this Delegate Resolution (hereinafter referred
to as ‘Resolution’). AN ARTICLE V CONVENTION IS ‘NOT’ A CONSTITUTIONAL
CONVENTION ON THE ORDER OF OUR 1787 CONVENTION. The Founders designed
Article V so State Legislatures could safely and quickly address egregious
wrongs ignored by the government and remedy them with prewritten Single Issue
Amendments - WITHOUT ALTERING THE UNITED STATES CONSTITUTION. The Countermand
Amendment protects the Constitution’s original intent by asserting STATES RIGHTS
under Article IV, Section 4. and Amendments 9 and 10. The First Congress in 1789
used the Single Issue Amendment method when it sent the Bill of Rights to the
States for ratification. Each of the Amendments were preapproved by the First
Congress and State Conventions were required to ratify or reject them one
Amendment at a time.
WHEREAS, ‘Legislature’ hereby defines the duties and
limits the authority of its ‘Delegates’ at the ‘Convention’ in this
‘Resolution’;
Resolved by the Legislature of North Carolina
The ‘Legislature’ hereby authorizes that ‘Delegates’ be summoned and appointed
to participate at the convened ‘Convention’ according to the terms and
conditions set forth in this ‘Resolution’.
The number and qualifications of ‘Delegates’ (or Alternates if
authorized) to be sent to the convened ‘Convention’ will be decided by the
‘Legislature’ after the United States Congress convenes the ‘Convention’.
1. The ‘Legislature’ can add to, replace or remove any ‘Committee’ member,
‘Delegate’ or Alternate if, in its sole discretion, such action is necessary.
2. Alternates will have no official role at the ‘Convention’ and can attend the
‘Convention’ only if the State Delegations at the ‘Convention’ vote to allow
their attendance and/or the ‘Legislature’ appoints an Alternate to take the
place of a ‘Delegate’ at the ‘Convention’.
3. The ‘Legislature’ reserves to itself the right to alter and change this
‘Resolution’ if in its sole discretion such action is necessary. Delegates will
be bound by any such alteration or change to this ‘Resolution’.
The ‘Legislature’ hereby instructs and authorizes its ‘Delegates’ at the
‘Convention’ to vote to send the ‘Countermand Amendment’, as herein written in
SECTION E, back to the States for ratification via the United States Congress.
Delegates are prohibited to vote in favor of any alternate or modified version
of the ‘Countermand Amendment’ that might be introduced at the ‘Convention’ and
they are hereby instructed to do all in their power at the ‘Convention’ to
secure a vote that approves sending the ‘Countermand Amendment’, as herein
written in SECTION E, back to the States for ratification.
The ‘Legislature’ will not vote to ratify any alternate Amendment or modified
version of the ‘Countermand Amendment’ that may be sent to it for ratification
by the ‘Convention’ via Congress. Only the ‘Countermand Amendment’, as herein
written, will be considered by the ‘Legislature’ for ratification.
The ‘Legislature’ upon the passage of this ‘Resolution’, will decide the number
of members to be appointed to the ‘Convention Oversight Committee’ (hereinafter
referred to as ‘Committee’). The ‘Committee’ will have the responsibility and
requisite authority to perform each of its assigned duties described in SECTION
A.
1. ‘Committee’ members can be added to, replaced or removed if in the sole
discretion of the ‘Legislature’ such action is necessary.
2. Each member of the ‘Committee’, at the discretion of the ‘Legislature’, may
be required to take the following oath and sign a Pledge Document confirming
that the oath has been taken and agreed to. The following oath can be
administered by Leadership in the House and/or Senate:
“I pledge to follow the instructions in this ‘Resolution’ and any other
directives given to me by the ‘Legislature’ from the date I am appointed to the
‘Committee’ and during the full term of the ‘Convention’ to the best of my
abilities, so help me God.”
SECTION A. DUTIES OF THE ‘CONVENTION OVERSIGHT COMMITTEE’
The ‘Committee’ is charged with the following duties:
1. ‘Committee’ members will be required to follow the directives in this
‘Resolution’ and others that may be issued from time to time by the
‘Legislature’.
2. Appoint a Chairman to the ‘Committee’ if the ‘Legislature’ has not already
done so.
3. The ‘Committee’ will have the requisite authority to add, remove, or replace
any ‘Delegate’ if, in its sole discretion, such action is necessary.
4. Decide all matters among ‘Committee’ members with a simple majority vote.
5. Function as the official facilitator for the ‘Legislature’ as required in
this ‘Resolution’.
6. Appoint ‘Delegates’ to the ‘Convention’ who the ‘Legislature’ has authorized.
7. Appoint one Delegate to serve as the Chairman of its State’s Delegation
(hereinafter called ‘Delegation’) at the ‘Convention’.
8. Appoint one Delegate to serve as the Assistant Chairman of its ‘Delegation’
at the ‘Convention’.
9. Issue to each certified ‘Delegate’ a Certificate after he/she has
satisfactorily met the requisite qualifications established by the
‘Legislature’.
10. Issue to each Certified ‘Delegate’ a Convention Pass that will authorize
admission and participation at the ‘Convention’.
11. Maintain oversight of all activities of ‘Delegation’ at the ‘Convention’.
12. Monitor activities of all State Delegations at the ‘Convention’ and
periodically report findings to ‘Legislature’.
13. Provide to its ‘Delegation’ Chairman at the Convention updated statistics of
the composition of State Legislators in the 50 States:
a. Include total counts of State legislators by Political Party, from each
State.
b. Include the Political Party of each Governor in each State.
14. Report to ‘Legislature’ the needs, activities and progress of ‘Delegation’
at the ‘Convention’.
15. Administer the following oath to all ‘Delegates’:
OATH FOR DELEGATES AND ALTERNATES
“I pledge to follow the instructions in this ‘Resolution’ as it applies to my
duties as a ‘Delegate’. and other directives by the ‘Legislature’ during the
full term of the ‘Countermand Amendment Convention’ to the best of my abilities,
so help me God.”
SECTION B. DUTIES OF CHAIRMAN FOR ‘DELEGATION’ AT CONVENTION
The ‘Chairman’ is charged with the following duties:
1. The Chairman of ‘Delegation’ will be required to follow the directives in
this ‘Resolution’ and others that may be issued, from time to time, by the
“Committee” or by the ‘Legislature’.
2. Have oversight and authority over ‘Delegates’ in ‘Delegation’.
a. Monitor each Delegate’s conduct at the Convention making certain they are
following the directives in this ‘Resolution’.
3. Represent ‘Delegation’ as its Spokesman to the Convention in all matters to
be decided and deliberated on.
4. Conduct frequent meetings with ‘Delegation’ to review, analyze and report on
the work being accomplished at the ‘Convention’. Establish plans to correct
problems and advance the objectives in this ‘Resolution’
5. Build a consensus between at least 26 State Delegations at the ‘Convention’”
to nominate ‘Convention’ Officials who come from States that have approved this
‘Resolution’ for its ‘Delegates’ and who agree with sending the ‘Countermand
Amendment’, as herein written, to the States for ratification.
6. Join with other State Delegations to open the “Convention” for business.
7. Build a consensus between at least 26 State Delegations at the ‘Convention’
to require that each ‘Delegation’ shall have one vote when voting on any and all
matters brought before the ‘Convention’, regardless of the number of Delegates
in a State’s Delegation, or the State’s population (Article IV, 4 U.S.
Constitution).
8. Introduce to Convention a motion that limits each State Delegation to one
vote on all matters brought before the ‘Convention’ for approval.
9. Make motion that all ‘Delegations’ must appoint one Delegate to be its
Spokesman.
10. Cast ‘Delegation’s’ vote in favor of one vote per State Delegation.
11. Each Executive Officer at the ‘Convention’ should be a ‘Delegate’ authorized
by his/her State Legislature to attend the ‘Convention’.
12. Nominate candidates for Executive Offices (President, Vice President,
Treasurer, Secretary and Administrator) who represent ‘Legislatures’ that have
adopted this ‘Resolution’, and/or support the nomination(s) of candidates from
other ‘Delegations’ whose ‘Legislatures’ have adopted this ‘Resolution’ (See
Section C for duties of President).
a. If a candidate wins any Executive Office and he comes from a State that has
not adopted this ‘Resolution’, then it is still the Duty of the Chairman and
‘Delegation’ to use every means at their disposal to influence a favorable vote
by the ‘Convention’ to send the ‘Countermand Amendment’, as herein written, to
the States for ratification.
i. This effort to influence other State Delegations must be coordinated with the
goal of securing 26 total ‘Delegations’ that will vote in favor of sending the
Countermand Amendment to the States for ratification.
b. If an elected Executive Officer steers the ‘Convention’ away from the
mandates in this ‘Resolution’, then the Chairman and ‘Delegation’ must secure 26
total votes to remove him/her from the Office he/she holds.
c. The Chairman and ‘Delegation’, in such a case, is still required to follow
the directives in this ‘Resolution’ to the best of their abilities.
13. Notify ‘Committee’ of the financial needs ‘Delegation’ has at the
‘Convention’.
14. Monitor the activities of all State Delegations, including their upcoming
votes at the ‘Convention’.
15. Make periodic reports with analysis to ‘Committee’ regarding events at the
‘Convention’.
a. Include reports and recommendations on upcoming votes at the ‘Convention’.
b. Include in the analysis the prospects for the pre-drafted ‘Countermand
Amendment’, as herein written, being approved by the ‘Convention’ and sent to
the States for ratification.
c. Make appropriate recommendations to the ‘Committee’ on what further action is
needed by the ‘Delegates’ and/or ‘Legislature’ to assure a favorable vote by the
‘Convention’ for the ‘Countermand Amendment’.
16. Make certain that there is always at least one Delegate from ‘Delegation’ at
every business meeting and roll call at the ‘Convention’.
17. Distribute to all ‘Delegates’ a pocket size copy of the United States
Constitution.
18. Instruct ‘Delegates’ on the mandate in the United States Constitution in
Article IV, Section 4 that guarantees to each STATE A REPUBLICAN FORM OF
GOVERNMENT which gives each State equal standing when Calling for an Article V
Amendment Convention regardless of the State’s population.
19. Work closely with Chairman from other State Delegations and develop mutual
strategies for accomplishing the objectives in this ‘Resolution’. Emphasize
State Legislatures will be restoring their States Rights under Article IV,
Section 4 which guarantees to every State a Republican form of government.
20. Work closely with other ‘Delegation’ Chairman emphasizing that the
Countermand Amendment will restore their States Rights and cause the Federal
government to be more amenable to State Legislatures in matters .
21. Assign to Delegates in ‘Delegation’ the following duties:
a. Assign to each ‘Delegate’ a proportionate number of Delegates from other
State Delegations for the purpose of gaining consensus and agreement among the
State Delegations that the ‘Countermand Amendment’, as herein written, should be
sent to the States for ratification.
22. Build a consensus between at least 26 State Delegations at the ‘Convention’
requiring a quorum of 26 State Delegations before business can be conducted and
before a vote can be taken to decide any and all matters at the ‘Convention’.
a. To form a quorum when voting, State Delegations must have at least one
Delegate present at the ‘Convention’.
23. Build a consensus between at least 26 State Delegations at the ‘Convention’
to require a simple majority vote to decide all matters brought before the
‘Convention’ at all roll calls, including the question of whether the
‘Countermand Amendment’, as herein written, should be sent to the States for
ratification.
24. Build a consensus between at least 26 State Delegations at the ‘Convention’
to work together for the mutual goal of sending the ‘Countermand Amendment’, as
herein written, back to the States for ratification.
25. Build a consensus between at least 26 State Delegations to terminate the
‘Convention’ by the end of the 180th day from the date it is convened, unless
the ‘Convention’ votes to extend the term for another 180 day period. The
‘Convention’ shall have no further extensions after 360 days.
SECTION C. DUTIES OF THE PRESIDENT AT CONVENTION
The President shall be responsible to:
1. Establish with State Delegations at the ‘Convention’ that Robert’s Rules of
Order will be followed when conducting business.
2. Establish the agenda at the ‘Convention’ as defined in this ‘Resolution’.
3. Make formal requests to the State Legislatures, through representatives in
the 50 State Delegations at the ‘Convention’, the funds that will be needed to
carry on the business of the ‘Convention’.
4. Follow the terms, directives and goals found in this ‘Resolution’.
5. Stay focused on the only purpose the ‘Legislatures’ had when authorizing a
Call on Congress to convene the ‘Countermand Amendment’ Convention – that is to
empower the ‘Convention’ to send the ‘Countermand Amendment’, as here in written
in SECTION E, to the Several States for ratification.
6. The President will be responsible to define the duties for each elected
official in accordance to the objectives in this ‘Resolution’.
7. The President can invite individuals to the Convention who he/she regards as
qualified to give testimony on matters relating to Article V and the Countermand
Amendment.
8. The President is to apply a gag order on all personnel authorized to be at
the ‘Convention’ until all ‘Convention’ business is concluded. There is to be no
leaks or discussions of ‘Convention’ business outside of the ‘Convention’.
a. Violators of this gag order will be removed from the Convention and all
his/her Credentials will be confiscated.
b. The ‘Convention’ is to be closed to all media and news groups. Only delegates
appointed by their ‘Legislatures’, security screened suppliers, security staff,
custodial staff and personnel who are needed for carrying out the business of
the ‘Convention’ are to be given ‘Convention’ passes.
9. Adopt security measures at the ‘Convention’.
a. Weapons or objects that can be construed as weapons will not be allowed at
the ‘Convention’.
b. Appoint a ‘Sergeant at Arms’ and five Deputies to monitor all officiating at
the ‘Convention’. They are to be charged with enforcing the rules in this
‘Resolution’ and maintaining order and security at the ‘Convention’.
i. The ‘Sergeant at Arms’ is to report any violations of this ‘Resolution’, or
any disruptions at the ‘Convention’, to the President and when appropriate the
Sergeant at Arms, after a review and ‘at fault’ decision by the ‘Convention’, is
to remove the violator(s) from the ‘Convention’ and invalidate the ‘at fault’
party(s) ‘Convention’ credentials.
10. Assign equal time for each State Delegation to participate in
debates/arguments regarding ‘Convention’ business and the ‘Countermand
Amendment’.
11. Prohibit the introduction at the ‘Convention’ of any subject matter or issue
not relating to the ‘Countermand Amendment’.
12. Prohibit the introduction at the ‘Convention’, for discussion or vote, any
alternate amendment, or modified text of the ‘Countermand Amendment’ (see text
in SECTION E).
13. Expedite deliberations by State Delegations and prevent unnecessary delays.
14. Authorize and schedule roll calls promptly at the ‘Convention’ to move its
business forward.
15. When feedback from 26 or more State Delegations are supportive of sending
the Countermand Amendment to the States for ratification, schedule a vote
quickly to decide if the Countermand Amendment, as herein written, should be
sent to the States, via Congress, for ratification.
16. Settle disputes.
17. Close the ‘Convention’ after the final votes are taken that will decide if
the Countermand Amendment should be sent back to the States for ratification.
18. Assuming the ‘Convention’ agrees to send the Countermand Amendment to the
States for ratification, recommend to Congress that it should be ratified
through State Legislatures, not State Conventions
19. Report to the United States Congress, the 50 State Legislatures and the
media the decision of the ‘Convention’ regarding the Countermand Amendment and
its recommendation to Congress that ratification should be through State
Legislatures..
SECTION D. DUTIES AND RESPONSIBILITIES OF ‘DELEGATES’ AND ‘ALTERNATES’
‘Delegates’ (and ‘Alternates’ who become ‘Delegates’) are required to follow the
directives in this ‘Resolution’ and other directives that may be issued, from
time to time, by the ‘Committee’ or by the ‘Legislature’. ‘Alternates’ have no
standing during the proceedings at the Countermand Amendment Convention. They
must be ready to become a ‘Delegate’ when directed to do so by the ‘Committee’
or ‘Legislature’.
Each ‘Delegate’ is charged with the following:
1. Be amenable to the Chairman and Assistant Chairman of ‘Delegation’.
2. Work to advance all the objectives in this ‘Resolution’.
3. ‘Delegate’ must comply with the directives issued by the Chairman or
Assistant Chairman of ‘Delegation’, the ‘Committee’ or ‘Legislature’.
4. ‘Delegate’ must support the Chairman’s efforts to send the Countermand
Amendment, as herein written, to the States for ratification via Congress.
5. Be subject to dismissal by the Chairman for violation(s) of this
‘Resolution’.
6. Help the Chairman to successfully complete each of the directives in Section
B.
7. Attend all meetings scheduled for ‘Delegate’ by the Chairman:
a. Report results of your work among other State Delegations to Chairman.
a. Assess and report to the Chairman the number of States that plan to vote in
favor, or against, the Countermand Amendment.
b. Assess and report to the Chairman any problems that developed relating to the
purposes of this ‘Resolution’.
c. Recommend to the Chairman strategies that may help your ‘Delegation’ join
with at least 25 other State Delegations to vote in favor of the Countermand
Amendment at the “Convention”.
SECTION E. TEXT FOR THE COUNTERMAND AMENDMENT
The exact text for the Countermand Amendment (including the wording, paragraphs,
Section headings, spelling and punctuations) that is to be sent to the State
Legislatures, via Congress, for ratification shall read as follows:
Text of proposed
COUNTERMAND AMENDMENT
ARTICLE 28 (or alternate number to be assigned by Congress)
Section 1. The Article restores State sovereignty in our Constitutional
Republic by providing State Legislatures Countermand authority.
Section 2. State Legislatures in the several States shall have the
authority to Countermand and rescind any Congressional Statute, Judicial
decision, Executive Order, Treaty, government agency’s regulatory ruling, or any
other government or non-government mandate (including excessive spending and
credit) imposed on them when in the opinion of 60 percent of State Legislatures
the law or ruling adversely affects their States’ interest.
When the Countermand threshold has been reached, the law or ruling shall be
immediately and automatically nullified and repealed. This Countermand authority
shall also apply to existing laws and rulings.
Section 3. From the time the initial Countermand is issued by a State
Legislature, the other Legislatures shall have 18 months to complete the
Countermand process. If the Countermand process is not completed in 18 months,
then the law or ruling that is being challenged shall remain enforceable.
Section 4. Each State Legislature must complete their Countermand
affidavit and deliver a certified copy to the Chief Justice of the United States
Supreme Court, the Leader of the United States Senate, the Speaker of the House
of Representatives, the President of the United States, and when applicable the
Government Agency or Body that is being challenged.
Section 5. Any elected or non-elected government official, or any
non-government individual or organization, who intentionally obstructs or
prevents the implementation of any provision in this Article shall have
committed a criminal offense and shall be subject to impeachment (when
applicable) and criminal prosecution and upon conviction serve up to five years
in prison.
Section 6. Individual States shall have authority to prosecute violators
of this Article under State laws in the absence of Federal prosecution after 90
days from the date of the alleged violation. Multiple prosecutions, by multiple
States, for the same alleged crime are prohibited.
Section 7. The Article shall be immediately part of the United States
Constitution upon ratification by three quarters of the State Legislatures in
the several States.
Section 8. The provisions of this Article are enforceable within the
United States which shall include the Several States, the District of Columbia,
the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana
Islands and the territories and possessions of the United States.
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Resolved, That the Clerk forward a copy of this signed Agreement to the
Leadership in the State Legislatures of every State that has likewise adopted a
similar ‘Resolution’ for their ‘Delegates’. The Clerk is to forward a copy to
Citizen Initiatives at 962 Oak Ave., Spruce Pine, NC 28777.
Citizen Initiatives is the facilitator on behalf of the State Legislatures
regarding: 1) the number of Article V Calls on Congress by the States for the
Countermand Amendment Convention; 2) the number of other State Legislatures that
have passed the same Delegate Resolution for their Delegates; and 3) the
progress achieved during the ratification process. Regularly scheduled reports
on the progress achieved in the States and the funding that has been spent will
be sent to leaders of the State Legislatures by Citizen Initiatives.
This ‘Resolution’ is hereby entered into and approved by the Legislature of the
State of North Carolina on this date:
Month: ____________________ Day: _____ , Year: __________ .
Authorized Signatures with Titles:
Seal of the State of North Carolina
Name: _________________________________Title:____________
Name: _________________________________Title:____________
Name: _________________________________Title:____________
Name: _________________________________Title:____________
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