So What Do We Do Now?

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by Rob Natelson

now-what-full

The recent election results in Virginia and New Jersey – representing in part a strong repudiation of the threats to freedom over the past year – have energized many pro-liberty activists. It is imperative that we keep the pressure on.

But we can be sure the other side will try to trick us into damaging statements in order to discredit us, or lure us into time-wasting strategies.

So here are a few things to remember:

* Let’s keep our eye on the ball. The ultimate goal of most in the Tenth Amendment movement is to restore constitutional limits to the federal government. Our Constitution – not any peripheral or personal causes – is what we are working for.

* Swarm, swarm, swarm. The focus for the short-term has to be continue to “swarm” our elected representatives, get in their faces, and tell them over and over that more deficit spending or tax increases are simply unacceptable. So also is any major expansion of government control, particularly a takeover of heath care.

* Restoring limits on the feds. The focus long-term has to be one or more constitutional amendments to put the federal government’s house back in order and protect future generations from the kinds of assaults on our freedom we have faced over the last year. When a system breaks down, sometimes you have to patch up to set it right — just as our fathers and grandfathers adopted the 22nd Amendment to re-establish the two-term presidential tradition that Franklin Roosevelt had disregarded. That’s our situation now.

* 2010 elections. The focus medium-term is now the 2010 elections – not just for Congress, but particularly on the state level. This is because constitutional amendments to curb Congress’s powers are probably not going to come from Congress. The states will have to use the Constitution’s state-proposal procedure.

* Don’t let the bad guys marginalize you. Talk of actions such as secession suggest that we are the ones willing to destroy our constitutional system – when in fact the opposition has that dubious distinction.

* Work smart. The other side has a lot of people who work full-time in politics or who work for the government, which sometimes amounts to nearly the same thing. That’s in addition to Soros money. So we have to carefully husband our resources – devote your time and energy only to things that make sense in view of our goals.

* Don’t waste your time on stupid or impossible causes. Here are a few causes that are certain time-wasters: (1) impeaching Obama (impossible while the Dems control Congress, even assuming there are grounds to do so), (2) recalling U.S. Senators or Congressmen before their terms are up (there is no recall procedure authorized by the Constitution or federal law), and (3) secession movements (which, besides conceding the Constitution to the other side, overlooks the fact that they have the nuclear weapons).

* Again, keep your eyes on the ball – restore the Constitution. That means letters to the editor, candidate identification, working in the political party of your choice, fundraising, keeping in touch with others in the Tenth Amendment movement, and educating yourself by visiting great websites like the Tenth Amendment Center.

Rob Natelson is a constitutional law professor at the University of Montana, and runner-up in the 2000 “open primary” for Governor of Montana. His opinions are his own, and should not be attributed to any other person or institution.

About Rob Natelson

In private life, Rob Natelson is a long-time conservative/free market activist, but professionally he is a constitutional scholar whose meticulous studies of the Constitution's original meaning have been published or cited by many top law journals. (See: www.constitution.i2i.org/about/.) Most recently, he co-authored The Origins of the Necessary and Proper Clause (Cambridge University Press) and The Original Constitution (Tenth Amendment Center). After a quarter of a century as Professor of Law at the University of Montana, he recently retired to work full time at Colorado's Independence Institute.

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40 comments
marc
marc

It has to be done via the States. They have the organization and the needed Structure. We can't be successfull as a Mob. Its 1775 all over again. I'm Big on Oklahoma. big 10th Amendment State. You can contact State senator Brogdon and Key. They're not going to roll over for this Corrupt , illegal Administration. The Dems Own this and its going to Backfire on them Big -Time!!!The Country is becomming Dysfunctional ant the people are not happy!!! It's a bad combination...But its the States that have to make the first move , Obama has made his-Anarchy!!!at the Federal level. Now we have to organize and respond to to it!!!

HollyInTN
HollyInTN

I have talked to many State Reps in TN and their response to my question about all these Fed mandates is "I took an oath to defend the Constitution but also defend the Constitution of the State of TN

Michael Boldin
Michael Boldin

That's absolutely right! And it's high-time they start doing it too!

Bryce Shonka
Bryce Shonka

Professor Natelsson has always had a calm way of explaining these disturbing events, which I think is very important. A contrast to the sensationalists, his advice here is balanced and devoid of the kind of fear mongering that only makes things worse. Great work as always, Professor.

Bill Walker
Bill Walker

Regarding the Article V Convention the author mentions. Most of the issues being discussed have already been proposed as amendments by all 50 states who have submitted 750 applications for a convention call. The texts can be read at www.foavc.org. The Constitution demands a convention call if 34 states so apply meaning submitting 34 applications.

Those who oppose obeying the Constitution in this regard are in fact, constitutional hypocrites. They say they support the Constitution but only those parts they agree with. All seem to be great supporters of state rights. They also say a convention will write a new Constitution and remove all our rights so we should veto the Constitution, overthrow it and not obey it. Moreover, while they never mention it, such a convention is, in fact, a STATE convention, rather than a national convention as Congress has the identical proposal power for the national government as do the states for the convention. Therefore, what they are saying is that if the STATES get a chance to propose amendments, they will scrap our present Constitution, remove all our rights and put in a new Constitution by fiat. How can such people say they are pro-state power then give a reason the states should be stripped of every political power they posses as they are obviously a threat to this nation? Makes no sense....unless they have lied about what a convention can do, which, according to Article V is limited to proposing amendments, for their own political purposes.

Jackson Pemberton
Jackson Pemberton

Thanks Bill for pointing us to these scary facts. I had no idea that the states have repeatedly called for conventions only to be stone walled by our Congressmen sworn to uphold the document they thus ignore again and again and again. We need to throw them all out - well nearly all, and get a new batch. Attend your local precinct meeting and get yourself to convention with some friends who will get some statesmen on our ballots for a proper change.

Monorprise
Monorprise

The key here will be to disregard the congresses "formality roll" and simply specify the time and date of the convention in addition to being sure to send a copy of the call to every state.

JMB
JMB

Some day someone will ask, So what did they do when the feds written laws become no better then British Permission by Law.

NCShadow
NCShadow

The question, and title of this blog, "So What Do We Do Now?" are well worth asking. Personally, I am Standing Up for Freedom one night per week on a busy street corner in my city with a 2 x 4 sign during rush hour reminding people of the need to pay attention to our freedoms before they are gone. It's a simple thing, a small thing, but we are creating a free, easy and powerful movement that has one goal - to get people thinking. And thinking people are active people. If you're interested in doing your small part, start your own Corner Club and get active 2 hours per week on the corner. Visit us at http://www.patriotscornerclub.ning.com to learn more.

marc
marc

In Cheshire , C.T. we Tea Party protesters have been Active in Protest every Monday Eve -430pm-600pm in Front of the Town Hall with about 40 people since April. The Winter is rough but we get the horns to Blow and lots of Thumbs up!!!.. We will never give in to this Marxist Chicago THUG!!! It all starts at the grass roots , local, State Level!! Get involved as much as you can. Patriots have to have thier voices heard and Run For Office. Were having a X-State Senator advise us. He says its most important to get 'Patriot Candidates"..The Real Power Lies with the People and the States!!!

Jackson Pemberton
Jackson Pemberton

There is a deep problem in this discussion which stems, I think, from not looking at the ultimate roots of the liberty we espouse. It is vital that we understand that individual decisions to honor written law are the only real source of order in our system. This is a crucial concept that we need to appreciate in order to avoid choices that seem to be right but ultimately run counter to our goals. For example: one of the liberals' favorite spins just now is that capitalism and the individual choices upon which that is based are failing to keep the world right side up. Al Gore used that line in a recent speech to justify the establishment of a new world order. If we take the position that we must resort to violence then we have joined in the chorus that capitalism and freedom have failed. We will be much wiser if we assume that all citizens want to maintain the law and order the Constitution has afforded and that they thus honor written law. We need to launch a battle within the framework already in place for the people to regain control of a federal government that has obviously adopted a mind and life of its own. This is, in fact, the only way we can hope, in the long run, to maintain the rule of written law, which after all, is ultimately our only long term hope.

Pete K
Pete K

I would suggest that all of you interested in action in addition to rhetoric contact at least three of your state legislators who would be willing to run (sponsor) a nullification bill for healcare, Cap & Tax, and illegal alien amnesty for starters. Help them by promoting support from the people of your state.
Yes, it is a large issue and will require a lot of work, but this is the sovereignty resolutions in action, and that is what we all are trying to accomplice. This is what is happening in Idaho as we prepare for our upcoming legislative session in January.

Philip E. Murray
Philip E. Murray

I agree with an all-out assault at the State level.
BUT, on the FED level, the Democrats and Republicans are firmly in control. Appealing to the tyrant for redress of grievances is futile, as the Founding Fathers well understood.
We The People MUST REPLACE the Republicrats with Constitutionally-minded candidates at every level; from the out-house to the White House.
The splintered "little" parties need to lay aside their differences (and PRIDE), and form ONE BIG THIRD PARTY. The Constitution Party is a gathering of a few of those. The Libertarian Party and others need to recognize the POWER of WE THE PEOPLE UNITED! We need enough Candidates to come forth to replace Governors, Lt. Govs, State legislators, Senate, Congress, and every other office. We need GRASSROOTS COMMUNITY ORGANIZATION to get the word out. It WORKED for Obama; it will work for US!
Together WE THE PEOPLE CAN DO THIS!!
I am going to make an effor to become a candidate in the Constitution Party, and be also a grassroots organizer. WHAT DO WE DO NOW? Just DO it! Yes, WE CAN!

Brian Bertha
Brian Bertha

I assume most here believe in individuality. We can with small effort make a difference. Visit your local state district office personally. Request that they sign the 10 Amendment pledge. If they do make sure its posted here. Will one person request alone make a difference maybe not? But what if many do the same thing but as individuals. Its a powerful message, its local, only takes a little effort.

Monorprise
Monorprise

I have to say I agree Brian Bertha, that is what we’re talking about here for the most part.

Although some of us are involved in arguing with other people to try and convince them of the worthiness of the cause. Arguing which exposes us to the intellectual vulnerabilities of our effort and thus enables us to learn from them and by pass them, making us ever more effective and prepared to win with the mainstream debate.

Rob Natelson knows this, which is why he prepared pointers in hopes of making the cause more legitimate I honor and respect him for doing that. Although my experience in arguing this with real Statist in the debate form shows me that they will often resort to the “might makes right” civil war argument and world view.

Unfortunately if someone is bent upon that definition of human relations rather then the one of “law makes right” then as the old law enforcement saying goes “if they will not respect the law they must be made to respect the gun.”

If we are to assume that some of the Statius that would resort to such an argument as to try to make a point that our cause is pointless and hopeless. Then we must show them that it is not pointless nor is it hopeless, the only way to do that against the essentially a “might makes right” argument is to demonstrated to them that we have the might or the means to acquire the might to apposes their tyrannical might should they choose to uses that unjustly.

Tyranits bent upon imposing their will at any cost must and can only be controlled by illustrating to them that the cost of such tyranny is too high to be worth it, and thus keeping them in prison due to their own limitations.

As Ben Franklin said: “Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote.”

To defend and preserve liberty we must be that “well-armed lamb contesting the vote.” To that end we must demonstrate that we have the means to “contest the vote”.

Situations such as this do exist I have encounter them all the time and such as even been demonstrated to exist even on this forum:
blog.tenthamendmentcenter.com/2009/11/constitutional-contempt/

Unfortunately Lincoln and the civil war gave our statist enemies their greatest tool, proof that might in the end triumph over constitutional law and right. In this way Lincoln crushed liberty by crushing the limitations of constitutional law. So make no mistakes we are fighting an uphill battle against history to restore and preserve liberty, but we really don’t have any choice do we?

William Flatt
William Flatt

Your comment that "...they have the nuclear weapons" is too extreme to be taken as rhetoric, and taken literally is positively chilling!! It reminds me of the movie 'Amerika' from 1987, where a defeated USA, under UN / Soviet control is subjugated militarily, and when a popular resistance finally materializes the Soviets decide to suppress the uprising by annihilating American cities with a massive nuclear attack. Are you suggesting that the globalists in control of our government would nuke all of us in order to crush the uprising? If that is the case, then people ought to join their state's citizen militias now, (like http://www.indianamilitia.org ) while they can resist effectively!

Monorprise
Monorprise

An assessment of the :"deployed nulcear weapons" or "Active Service" in the United States:

For the record coming Montana Rob you should know that Malmstrom Air Force Base in Montana hosts the 341st Missile Wing, one of only 3 active Minuteman-III (LGM-30G) Nuclear missile wings.

The other 2 are:
* 91st Missile Wing, at Minot Air Force Base in North Dakota.
and
* 90th Missile Wing, at Francis E. Warren Air Force Base in Wyoming.

There are a lot of "Deployed" nukes in your area of the federation.

Most of our "deployed" nukes are in 14 Ohio class Nuclear Submarines each armed with 24 Trident II SLBMs.

In the theoretical event of secession being our only possible recourse, securing control over or destroying these weapons will be critical to both insuring they are not used against us or can be used to institute a MAD policy, which MAY turnout to be necessary to secure our long term independents and freedom.

Missie Subs by home port:
Bangor, Washington:
USS Henry M. Jackson (SSBN-730)
USS Alabama (SSBN-731)
USS Nevada (SSBN-733)
USS Pennsylvania (SSBN-735)
USS Kentucky (SSBN-737)
USS Nebraska (SSBN-739)
USS Maine (SSBN-741)
USS Louisiana (SSBN-743)

Kings Bay, Georgia:
USS Alaska (SSBN-732),
USS Tennessee (SSBN-734)
USS West Virginia (SSBN-736)
USS Maryland (SSBN-738)
USS Rhode Island (SSBN-740)
USS Wyoming (SSBN-742)

I think in theory were it necessary it may be possible to cease control of most of theses weapons, get men at least loyal enough to our cause on each of theses boats to prevent their firing on American Targets.

The 2nd immediate problem will be the "Hedge Stockpile" I don't know where we keep all of them, probably on air-force bases and stuff. The 3rd problem is the "Inactive Reserve" to my knowledge most of that is here in New Mexico.

Practically speaking thou:
Truth be said in order to deter a nulcear strike our State need only capture enough of theses weapons as to implement a "MAD" policy.

Terry Morris
Terry Morris

Second, the threat of secession is itself a powerful incentive for the federal government to regulate and control its desire for unlimited power. If we essentially take 'talk of secession' off of the table, then what real reason would the scoundrels in Washington have for ever taking us seriously? Besides, any nullification law, any tenth amendment resolution demanding that the feds back off relies, at bottom, on the state's willingness, and the fed's belief in its willingness, to take it to another level should these warnings and procedures fail to achieve their ends. In short, not only can we never take 'talk of secession' off the table, it is essential to our ultimate goals that we pronounce our willingness to go that far if need be.

Terry Morris
Terry Morris

First of all, it doesn't suggest that at all. What it does suggest is that there's a threshold of tolerance for blatant violations of the federal constitution and our unalienable rights that, once reached, would be so utterly inconsistent with our heritage as a freedom-loving, freedom-defending people to continue to ignore by way of remaining in the union voluntarily under such oppressive, slave conditions, that that in itself would be a much stronger case for our willingness to destroy our constitutional system than would be any form of 'secession talk'. Sins of omission are sins in any event. Sometimes they're the most egregious kinds of sins, as with Hasan's recent personal Jihad on Ft. Hood, which was riddled with sins of omission from people who feared being, well, marginalized if they spoke out against his jihadist tendencies. (comment continued)

Terry Morris
Terry Morris

Loved reading the following item, umm, only because I've personally advocated for it for years now -- i.e., the state initiated method of amendment (my term) -- so I'm a little biased in this regard.

* 2010 elections. The focus medium-term is now the 2010 elections – not just for Congress, but particularly on the state level. This is because constitutional amendments to curb Congress’s powers are probably not going to come from Congress. The states will have to use the Constitution’s state-proposal procedure.

But I think Mr. Natelson, with all due respect, is simply mistaken on this one:

* Don’t let the bad guys marginalize you. Talk of actions such as secession suggest that we are the ones willing to destroy our constitutional system – when in fact the opposition has that dubious distinction. (comment continued below)

Jackson Pemberton
Jackson Pemberton

I think all these references to what the founders had to do, put forward as rational for us to follow their example is totally irrelevant. They didn't have a Constitution and we do. Let's use it first. Let's not even talk out loud about radical measures like succession - that only gives them the opportunity to demean our cause.

Jan
Jan

Continental Congress 2009 begins Wed., Nov. 11 and ends Sat., Nov. 21 to Petition government for a redress of grievances on a number of significant issues, which is a right found in the First Amendment. That requires the government to answer. If not, there will be action items for we Americans. It will be necessary that a critical mass of Americans get behind this to be of effect. Go to http://www.cc2009.us/ .

yourhuckleberry
yourhuckleberry

Hundreds of organizations with the same goal---all on different playing fields.

No central command---no communication--they win.

Nuff said.

marcruby@snet.net
marcruby@snet.net

It has to b done through states Rights-they have the organizational Struckture that is necessary. I'm Big on Oklahoma!! Contact State Sen Key and Brogdon-big 10th amendment people.The States have the right of Nullification.It has to be organized via States like Texas,Oklahoma ,Montana Idaho ,Alaska etc. You can't do it through unstructured Rebellion-they would anniliate us. Splinter ,disorganized groups won't hack it!!!! Obama is Corrupt, illigitimate and very far from Transparent. He's a thug, this is really 1775 qll over again!!Get a plan, Network and get organized.Oklahoma is at the forefront, I've talked to the them, they're Ready to Move...

Bill Hare
Bill Hare

Whenever the legislators endeavour to take away and destroy the property of the people, or to reduce them to slavery under arbitrary power, they put themselves into a state of war with the people, who are thereupon absolved from any farther obedience, and are left to the common refuge which God hath provided for all men against force and violence.
John Locke - 1690
ENOUGH SAID !!

Monorprise
Monorprise

I personally don’t believe we should be above pointing out to arrogant “might makes right” arguments the natural and necessary end to their determination to dominate and oppress the politician minority. I say this because it is necessary for people to understand their position and the limitations of their rights in the practical sense, of protecting other peoples rights thou law. In other words if they refuses to accept that law not might makes right, either out right or declaring themselves to be the law to the exclusion of the agreed upon written document. Then as the saying goes they must by law enforcement be made to respect the gun.

In the United States the only way we can do that with regard to the Federal government if nullification and constitutional amendments fail is secession from the oppressors control.

Unfortunately among the few if only ways we can defend such secession from an otherwise numerically and industrially superior empire (Remainder of the USA), bent upon oppressing us. Is thou the uses of Nuclear weapons as a playing field leveler, either hopefully thou MAD like policy, or thou god forbid it, in war situation thou the destruction of that same population and industrial base’s ability to wage war upon us.

That is the situation we could one day face, and they will, as many of them already have argue us to be in.
If and when they reduce the argument to “might makes right”. As was shown in anther thread:

http://blog.tenthamendmentcenter.com/2009/11/cons...

That is a very common end point for their arguments against respecting our rights, and for doing what ever they want to do to us.

They must be made to understand that one way or the other this is not acceptable. I know of no way to argue to someone convinced effetely of “might makes right” that even in that world view they cannot get away with this, with out speaking of secession and resulting might.

To support the constitution is to support the rule and thus limitations of law for the protection of our rights. When they disregard that law with “might makes right” effetely declaring themselves unilaterally to be the law. Then might must be shown to come to the defense of the true law. In the American system that is done thou secession, unfortunately with respect to our history, that secession may necessarily lead to a 2nd War Between the States against a numerically and industrially superior empire.

This is a long way off, and highly unlikely to ever occur, but this is also something we have seen them argue us into.
How else do you convince someone already convinced of “might makes right” to respect our liberty, except with might?

Patrick Henry Lives
Patrick Henry Lives

I am all for a clean sweep in 2010, but feel that reforming Washington and reclaiming our rights isn't going to happen short of a revolt led by the State Legislatures backed by the people. Simply voting the rascals out won't prevent new ones from getting in and none of the cadidates (except Ron Paul) are really talking about reducing the size of government in a meaningful way. Moral of the Story: Work for revolt at the State level.

Jeff Pritchard
Jeff Pritchard

Part 2
But I say to you, did they plan on victory at the Alamo? How many other bloody battles were fought by those who knew their battle would result in their certain death, but they did not fight expecting to save their own lives, but to save the lives they sacrificed theirs for?

You cowards! Call for this corruption to be exposed, or you will never see the light of day shine upon your "10th Amendment"! Rally with me and fight with me and I will lead your 10th Amendment up "Hamburger Hill."

Where are those who truly believe in truth and righteousness regardless of the numbers? Greater is He who is with us than those who are with our enemies. Where are you man and woman of God? Where are you brother and sister of our Founding Fathers? The odds were against them, were they not?

How now shall we then play the game of politics and expect true victory if we are not willing to take on the "impossible" in the name of the God of our Constitution and the Faith of our Founding Fathers?

(still too long, one more to go...)

Jeff Pritchard
Jeff Pritchard

Part 1:
I agree with many of your words, especially about the senseless talk fo seccession. However, with all due respect, I disagree very strongly with your "stupid" comment. How can you change Washington and restore the Constitution, much less, add amendments, when you call "upholding the Constitution" a "stupid or impossible" task? www.fracamerica.org

I take issue with you guys! It's not about winning. It's about exposing corruption and bringing a halt to this Coup in DC. Stand for the whole Constitution, or stand for none of it!

I will put my name in the Congressional hat in Oklahoma soon, once I get my T's crossed, and this "stupid" fool will do what many of you refuse to do and say is impossible to do. With the cowards currently serving in the Republican Party, and the traitors in both parties, I do not plan on victory.

(had to cut to fit...)

Jackson Pemberton
Jackson Pemberton

I love the idea of rallies at the State level! It sends a message to everyone (from citizens looking to make a difference to Federal politicians smug in their power chairs) that the States have power and authority that we have all totally neglected and nearly forgotten. It is thus a powerful tool for the education of citizens and state legislators. The wisdom of our founders is miraculous!

Jim Lorenz
Jim Lorenz

Glad to see some commonsense coming from the Tenth Amendment Center. Many Americans are fractured by the hundreds of apparently good causes in our ken. Most are diversons as they burn up time & money with no hope of success; like the senseless wars in the middle-east.

So I'll stop promoting secession, and learn more about my State's legislators, and communicate with them.
Senior Editor www.USchronology.com, a database-timeline of U.S. history, good & bad.

Nick
Nick

If the grassroots conservatives and libertarians of America --- such as tea partiers, 9/12ers, Ron Paul supporters, etc. --- took just 70% of the energy they currently expend on pressuring Congress and instead diverted it to pressuring their state legislatures, we could restore the constitutional republic quickly.

Imagine 100,000 people rallying in front of state capitols. State legislators --- many of whom only have a small staff, if they have any staff at all --- getting phone calls, letters and e-mails from thousands or even tens of thousands of people every week. They couldn't ignore it; they'd have to listen.

It is also essential that we support Sheriff Richard Mack's efforts to reach out to sheriffs nation-wide: http://www.sheriffmack.com/ & http://www.usa1911.com/scm/index

Jeff Larkin
Jeff Larkin

You hit the nail on the head we MUST Keep our Goal in Mind and not let the otherside dictate our stratagy! We have to keep up the pressure!

MichaelBoldin
MichaelBoldin

Focus - and don't let them follow Sun Tzu's strategy....divide and conquer!

Paul T Caple
Paul T Caple

Thank you for all you do.
These 50 sovereign states are not colonies of the federal district in D. C.
We need to repeal the 17th amendment, that in it's self will restore the
STATES to their rightful place, how would you like to see the CA Legislature
give B Boxer . marching orders.
Paul

Jackson Pemberton
Jackson Pemberton

I have been a long term advocate of putting the selection of US Senators back into the hands of the States ( http://www.thefreemanonline.org/featured/a-new-me... ) but I am concerned about any Constitutional Convention just now. It could lead to mischief. I think we have enough clout already in the tenth amendment and in the growing pressure at States' level to reign in the Federal Government they created. I am going to put more of my time and money into State work.

B. Johnson
B. Johnson

I hope that we seize the opportunity provided by the growing resentment against Democratic/Socialist lawmakers to make state sovereignty a major campaign issue in 2010. If enough pro-state power candidates are elected to the federal and state legislatures, then they could effectively repeal the ill-conceived, anti-state sovereignty 16th and 17th Amendments by simply using their votes to defend the Constitution. After all, corrupt Democrats are effectively repealing parts of the Constitution with their socialistic bills anyway.

Monorprise
Monorprise

Well if nullification and interposition fails what do we got to lose, with a Constitutional convention?

I suspect the real key question is whether or not we can safely and fairly implement a federal Tax escrow account. Most all the States have to agree on the accounting.

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