LB195 “Faithful Delegate to Federal Article V Convention Act”: A Dangerous, Deceptive Bill

Once again Sen. Halloran has introduced a “Faithful Delegate” bill. At an earlier session when he introduced a similar bill, Halloran stated it was introduced to calm people’s fears of a “runaway” convention. (LB451 1/24/2018 hearing transcript). It did not pass because people realized it was a smoke screen intended to lull them into a false sense of security. This year his “Faithful Delegate” bill is LB195. “Faithful Delegate to Federal Article V Convention Act

LB195 attempts to dictate 1) the selection process of delegates to a Federal Article V constitutional convention, 2) to limit what Nebraska’s delegates can discuss, how they can vote and more. At Halloran’s January 16, 2019 press conference if a delegate didn’t do what they were told, the punishment would be the “humiliation” of being made to leave the convention and return to Nebraska.

Delegate bills are a strategy designed to give legislators a false sense of security and control over a process that will be completely out of their control. In other states the process of passing Delegate Bills is a strategy to get resolutions such as LR14 (call for Article V convention) passed. Once legislators have passed the ‘perceived’ protections of a delegate bill, the Article V Convention bills will be an ‘easier pill to swallow’. It’s the old “a spoonful of sugar helps the medicine go down” analogy.

Here is proof that LB195 is Deceptive and Dangerous:

  • Note the language of LB195 – “Federal Article V Convention Act”. Finally, an admission that a Federal Constitutional Convention and the Article V Constitutional Convention of States are one and the same.       Delegates to a federal level convention – dealing with the federal Constitution – will not be answerable to the State. Federal trumps State.
  • Delegates to a Convention will set the rules of the Convention. On May 29, 1787 at the federal "amendments" convention where our present Constitution was drafted, Delegates voted to make their proceedings secret. If there is another convention, delegates could vote in secret again.
  • Delegates to an Article V federal convention are the Sovereign Representatives of the People; they have sovereign immunity for whatever they do. They can not be prosecuted for ignoring instructions from Congress or their States.[1] They have absolute power to propose a new Constitution with a new mode of ratification: Our Declaration of Independence (2nd para) says:

“…That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government…”

This has already been done! On February 21, 1787, the Continental Congress called a convention “for the sole and express purpose of revising the Articles of Confederation”[2]. But at the “amendments” convention of 1787, the Delegates wrote a new Constitution [the one we now have] which created a new government!

  • The Articles of Confederation (p 8-9) required that any amendments be approved by all 13 States and the Continental Congress. However, the new constitution drafted at the 1787 Convention provided ratification by only nine of the 13 States.

For the past 6+ years, convention proponents have been telling us there are no risks with a Federal Article V constitutional convention – and now this attempt at control? What else are they not telling us?

 

[1]The Article V Convention to Propose Constitutional Amendments: Contemporary Issues for Congress”, Thomas H. Neale, Congressional Research Service, March 29, 2016

[2] field%[email protected]%28fr0032%29%29%230030003&linkText=1">U.S. Congressional Documents and Debates, 1774-1875, page 13

Read below to understand why LR14 and LB195 present a danger to the US Contitution.  Hearings will be held February 10th.  What can you do?  Testify in person if possible.  If unable to attend, click on the Alert! Action Needed for the procedures to follow to submit written testimony!

ALERT - LR14 is scheduled for a "pull motion" on Friday April 23, 2021!  Write to these Senators and ask them to 1) Vote NO to a Pull Motion and 2) Vote NO to a cloture vote

It takes 25 Senators to "pull" a bill from Committee.  We must stop a Pull Motion.  Read below to see why LR14 is a threat to our Constitution!

Ray Aguilar <This email address is being protected from spambots. You need JavaScript enabled to view it.>,  Joni Albrecht <This email address is being protected from spambots. You need JavaScript enabled to view it.>,  Tom Brandt <This email address is being protected from spambots. You need JavaScript enabled to view it.>,

Myron Dorn <This email address is being protected from spambots. You need JavaScript enabled to view it.>, Sen. Suzanne Geist <This email address is being protected from spambots. You need JavaScript enabled to view it.>, 

 Dan Hughes <This email address is being protected from spambots. You need JavaScript enabled to view it.>,  Rita Sanders <This email address is being protected from spambots. You need JavaScript enabled to view it.>, Mike Flood <This email address is being protected from spambots. You need JavaScript enabled to view it.>,

Sen. Mike Hilgers <This email address is being protected from spambots. You need JavaScript enabled to view it.>, Mike Moser <This email address is being protected from spambots. You need JavaScript enabled to view it.>, Rich Pahls <This email address is being protected from spambots. You need JavaScript enabled to view it.>,

John Stinner <This email address is being protected from spambots. You need JavaScript enabled to view it.>

A very dangerous move is underfoot in the Nebraska Legislature. Senator Halloran introduced LR14 calling for an Article V convention and LB195 the Faithful Delegate bill...but it is a very deceitful bill.  “limited to proposing amendments to the Constitution of the United States that impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office for its officials and for members of Congress”.

The Government, Military & Veteran Affairs Committee has scheduled the hearings for February 10, 2021.  Begin to prepare your testimony (in person or written) now.  Also write letters to the editor so your neighbors understand our US Constitution is under assault!.  Then, contact your Senator - and other Senators.  E-mail written testimony to This email address is being protected from spambots. You need JavaScript enabled to view it. before noon on 2/9/2021.

Why are some asking for an Article V Convention? People are understandably frustrated with the over-reach of the federal government and the tremendous debt being foisted upon our children and grandchildren. But - with a new President and many new Congressmen/women, we need to demand they enforce our U.S. Constitution - not call a new convention that will bring a re-write. Unfortunately talk radio host and lawyer Mark Levin’s book, The Liberty Amendments, has been promoted an Article V convention as the last, one great hope for our Nation.

What does Article V say?

Article V states, “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....”

Why is an Article V Convention dangerous? 

LR14 Resolution to Congress for convention of the states to propose amendment to the United States Constitution was once again introduced by Sen. Halloran. LR14 is actually a “call” for a constitutional convention. Proponents say it’s not a “constitutional convention” but Black’s Law Dictionary says “A duly constituted assembly of Delegates or representatives of the people of a state or nation for the purpose of framing, revising or amending its constitution is a constitutional convention.

The resolution appears to limit what could be done by stating “…the calling of a convention of the states limited to proposing amendments to the Constitution of the United States that impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office for its officials and for members of Congress.

This may sound limited, but one must realize these are actually three very broad subject areas. In March 2014, Robert Kelly General Counsel for Convention of States admits this same call is broad. He said such a call for the Article V convention will open all sections of the constitution including Article V (watch). LR14 is not a limited call.

Fiscal Restraints. Does that mean less spending? Does it mean don’t go in debt? Could this translate to “raise the taxes”? “Limit the power and jurisdiction of the federal government” is already in our Constitution. We don’t enforce the Constitution we have now. How will new words or amendments change that?

Proponents say nothing bad could possibly come of a constitutional convention because Article V specifies any changes or amendments would have to be “ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof…” But – what does history tell us?

Our 1787 Constitutional Convention in Philadelphia also had safeguards in place. Nine states and Congress itself specifically put language into the delegate commissions that amendments from the Convention had to be ratified by Congress and all 13 states. However Article VII of the Constitution required only nine states for ratification. The Founders appealed to The People for ratification to get around this, just as another convention could. No doubt the number of states required for ratification could again be changed…perhaps to just a simple majority.

One nationally known proponent, Michael Farris said that the Supreme Court should be replaced by a system of “50 justices and have the states appoint the justices for a specific term (six or eight years) with no right of reappointment” that is modelled after the European Court of Human Rights.

Michael Farris who worked with Mark Meckler’s Convention of States Project (COSP) is now the CEO and General Counsel for Alliance Defending Freedom. Both Farris and Mark Meckler, COSP are untruthful as they ensure the public and Legislators that “State Legislature control this process from beginning to end. Governors are irrelevant…State Legislature name the delegates and give them their instructions.” Read Article V of the US Constitution: It states “Congress shall call” the convention – Do you really think Congress will abdicate what they see as their duty and will turn a convention over to the State Legislatures? Think again! You will also note there are NO parameters or procedures contained in Article V. No one knows how a constitutional convention of states would play out. Proponents are busy telling legislators how it would operate…but they really don’t know.

And who is the Convention of States (COS)? This is Mark Meckler’s organization (millions of dollars flowing through his organizations Citizens for Self Governance, COS, etc.) and he is running all over the country “selling” this dangerous idea and making all kinds of unfounded claims. We have listened to his testimony in front of the Legislatures of several states. He consistently assures Legislators they will be in control of a constitutional convention and that Congress can only call the date and time of an Article V convention.  


The Congressional Research Services finds that Congress will no doubt establish procedures to summon a convention, determine the number and selection process for delegates. Proponents say Congress is the problem now. So, what would a convention change?

Proponents of an Article V Convention fail to understand Congress would be in charge of calling the convention, instead claiming the States would be in charge.  And just look at who is in charge of our Congress today! Proponents say the convention can be limited to action on a single issue and refuse to heed former Chief Justice Warren Burger’s 1983 warning, that (in) “my opinion that there is no effective way to limit or muzzle the actions of a Constitutional Convention. The convention could make its own rules and set its own agenda. Congress might try to limit the convention to one amendment or to one issue, but there is no way to assure that the convention would obey. After a convention is convened, it will be too late to stop the convention if we don't like its agenda.”

It is curious to find that George Soros, well-known liberal investor, WolfPac, Code Pink and many other left wing groups are also pushing for an Article V Convention. No doubt the liberal groups see the possibility of a run-away convention that would be their “ticket” to destroying all that our Constitution protects today…Free speech; the Right to bear arms and much more.

To help protect our U.S. Constitution, please email Kathy Wilmot or phone 308-340-3987. It is critical that we work together to defend our freedoms.