H.J.res. 62. Amending the Constitution to end states rights?

May 17, 2011
by ppjg

H. J. Res. 62, Proposing an amendment to the Constitution of the United States to give States the right to repeal Federal laws and regulations when ratified by the Legislatures of two thirds of the several States http://www.govtrack.us/congress/bill.xpd?bill=hj112-62

Sounds like a great deal..right? Wrong! The states already have the right to repeal Federal laws and regulations. It is called nullification under the 10th Amendment.
Or, states can refuse to contract with the Federal government or any of its privately owned corporate agencies thereby refusing the contract and any of its provisions (regulations or laws).

Secondary to this action, is the refusal to accept any federal funding offered to implement what is usually a series of laws or regulations, (these being written by unelected bureaucrats, lobbyists and other interested stakeholders), meant to deprive you of your rights, intrude on your privacy, interfere with your right to engage in business and otherwise reduce and abrogate your constitutionally protected freedoms.

Article 5
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.
Any amendments to the Constitution must be ratified by the legislatures of three/fourths of the states. Congress, neither House nor Senate, has the authority to alter or amend anything in the Constitution in and of their respective bodies.

So what are they after?
With numerous states voting to opt out of Obamacare, along with the huge number of states that refused to implement any provisions of REAL ID, and now the growing movement to squash the fake food safety bill which had nothing to do with food safety and everything to do with seizing control of the food production and supply and to force that supply into export, the Re-thug-licrats are looking for ways to nullify…nullification.

This resolution is intended to make it virtually impossible to reject non-positive code & title, such as Code 7 Agriculture. Agriculture is not in the enumerated powers of the Federal government. Title 7 exists only on paper and is not codified into public law as it is not within the Federal government’s power. It is not enforceable on the federal level.

If the Re-thug-licrats have their way, this proposed amendment would take away the right of individual states, in and of themselves, to determine that a federal law or regulation would be so detrimental, such an abrogation of Constitutional provisions and rights, that they will not comply with it. That would mean that according to the Article 5 amended, it would take three/fourths of the states to repeal, refuse or reject any federal intrusion into the individual states business. We would lose our independent states right, to nullify harmful and unlawful federal laws and regulations. We could, by sheer force of numbers, be forced to comply with federal laws as the chances of three/fourths of the states agreeing to nullify would be slim to none. Which is just the way the Re-thug-licrats want it.

Wanting to make sure I had not misinterpreted H.J. res. 62, and its underlying traps and trickery, I allowed this little piece to be previewed by a person who is considered quite an authority on these issues. My source chooses to remain anonymous, which of course, I agreed to. After all, if Lame Street Media can cite anonymous sources, so can I.

Here are the observations of my anonymous source:

1. Nullification is different from repeal. In other words, at present, each state can refuse to comply (nullify), but they cannot repeal the law. In that sense, this proposal seems like a step forward.

2. Based on the wording, a constitutional convention would be called to propose the amendment, and that would be a huge step backward. In fact, the appeal of possibly giving the states the power to repeal federal laws could be bait to lure states-rights people into accepting a constitutional convention, thinking they are going to get what they want, only to discover the proceedings have been rigged so that they lose what little they now have. In a constitutional convention, the 10th Amendment could be repealed or, itself, amended.

Note**:Governors of 35 states have filed suit against the Federal government for imposing unlawful, unconstitutional mandates upon them and abrogation of states and individual rights. It only takes 38 states to convene a Constitutional Convention.

While many argue over 10th amendment rights of individual states to nullify, the fact is that any law (or regulation or US code or Federal codes, or whatever other “codeâ€