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--- public:cb_mirror:faithful_delegate_laws_txt_blogposts_19988 [2026/03/11 13:53] – bobbyk
+++ public:cb_mirror:faithful_delegate_laws_txt_blogposts_19988 [2026/03/11 14:38] (current) – bobbyk
@@ Line 1: / Line 1: @@
-To view this on the COS website, click here \[\[https://conventionofstates.com/news/faithful-delegate-bills|faithful-delegate-bills]]
+To view this on the COS website, click [here](https://conventionofstates.com/news/faithful-delegate-bills%7Cfaithful-delegate-bills).
 ---
-\====== Faithful Delegate laws ======
+## Faithful Delegate laws
-Educating Legislators is a continuing process.
+_Educating Legislators is a continuing process._
 ---
-Are faithful delegates laws necessary to have an Article V Convention?  No.  Any states that does not have a faithful delegate law would just follow basic agency laws.\\  \\ They do however, create confidence for the Legislature so that there is no confusion on how to respond when one is called.  It is also helpful for sovereign states to have faithful delegates laws to firm up the state’s boundaries with their chosen delegates; accountability, selection, reimbursement of expenses, enforcement of commissioner’s directives, recall/replace procedures, fines/imprisonments if desired.\\  \\ NH currently has 2 faithful delegate bills that are in Concord trying to be passed- either or both of which would make passing Convention of States easier, but they apply to both Article V conventions and any interstate convention, depending on the bill.\\ \\ \[\[https://gencourt.state.nh.us/bill_status/billinfo.aspx?id=279&inflect=2|HB269 can be found here in its current state.\]\] \\  \\ \[\[https://gencourt.state.nh.us/bill_status/billinfo.aspx?id=221&inflect=2|HB 392 can be found here in its current state.\]\]\\ \\ There are NH Citizens who are confused and thus promote false narratives about commissioners and the Article V convention. Here is some misinformation being shared with NH Legislators.\\ \\ > “But pursuant to the "necessary & proper" clause of the US Constitution, Congress alone has the Constitutional authority to determine the number and selection process for Delegates. State Legislatures have nothing to do with the selection of Delegates.”\\  \\ \\ \\ The short answer truth is this:\\  \\ \\ {{https://content.conventionofstates.com/cosaction-prod/public/content/images/67124/67124_original.png?600x503}}\ \\  \\ \\  \\ \\  \\ \\  \\ \\  \\ \\  \\ \\  \\ \\  \\ \\  \\ \\  \\ \\ \*1\\ \\  \\ \\ The \[\[https://drive.google.com/file/d/1YNzuMGZV5JIl1z79-LG7FkEHGONDxbRH/view|long answer truth is here.\]\] \\ \\ \[\[https://conventionofstates.com/news/as-the-anti-constitutionalists-mount-their-opposition-be-sure-to-stay-informed-with-our-article-v-resources|More details are here.\]\]\\  \\  \\ \\ Opposition is also promoting this false narrative:\\  \\ \\ > \\ “Furthermore, no one has the power to control Delegates.  As James Madison pointed out, Delegates have the right, recognized by our Declaration of Independence, to throw off the government we have, and draft a new Constitution which creates a new form of Government. More than THREE new "progressive" Constitutions have been written in anticipation of this!”\\  \\ \\ \\ Again, the above link explains the safeguards with the delegates.  \\  \\ Speaking about “throwing off the government” is cherry picking information used to add in an irrelevant topic, since Article V is clearly defined as proposing amendments to THIS constitution. **To be clear, Article V would not be used to “throw off the government.”**\\  \\  The other “Three new progressive constitutions” have been talked about for a long time, yet nothing has been done with them.  Nothing has been done with them because no states want to create a new constitution. If they did, they would have gotten together with other sovereign states and drafted, and enacted one. More details about the requirements for a \[\[https://drive.google.com/file/d/18uPpyIwpZc3L9Vgev3_dPi43yd05vnyN/view|Constitutional Convention here.\]\]
+Are faithful delegates laws necessary to have an Article V Convention?  No.  Any states that does not have a faithful delegate law would just follow basic agency laws.
+They do however, create confidence for the Legislature so that there is no confusion on how to respond when one is called.  It is also helpful for sovereign states to have faithful delegates laws to firm up the state’s boundaries with their chosen delegates; accountability, selection, reimbursement of expenses, enforcement of commissioner’s directives, recall/replace procedures, fines/imprisonments if desired.
+#### NH faithful delegate bills
+NH currently has 2 faithful delegate bills that are in Concord trying to be passed- either or both of which would make passing Convention of States easier, but they apply to both Article V conventions and any interstate convention, depending on the bill.
+HB269 can be found [here](https://gencourt.state.nh.us/bill_status/billinfo.aspx?id=279&inflect=2) in its current state.
+HB 392 can be found [here](https://gencourt.state.nh.us/bill_status/billinfo.aspx?id=221&inflect=2) in its current state.
+#### Misinformation
+There are NH Citizens who are confused and thus promote false narratives about commissioners and the Article V convention. Here is some misinformation being shared with NH Legislators.
+\> “But pursuant to the "necessary & proper" clause of the US Constitution, Congress alone has the Constitutional authority to determine the number and selection process for Delegates. State Legislatures have nothing to do with the selection of Delegates.”
+#### The short answer truth is this:
+{{https://content.conventionofstates.com/cosaction-prod/public/content/images/67124/67124_original.png?600x503}}
+*   The Necessary and Proper Clause does not apply to Article V at all, because when Congress acts pursuant to Article V, it is not acting in its regular, legislative capacity.
+*   The Necessary and Proper Clause is part of the regular legislative power found in Article I. The federal courts have ruled that Congress' attempt to use Article I power to affect the Article V process through ordinary legislation was unconstitutional. See Idaho v. Freeman, 529 F.Supp. 1107, 1151 (D. Idaho 1981) ("Thus Congress, outside of the authority granted by article V, has no power to act with regard to an amendment, i.e., it does not retain any of its traditional authority vested in it by article I.").
+The long answer truth is [here](https://drive.google.com/file/d/1YNzuMGZV5JIl1z79-LG7FkEHGONDxbRH/view).
+More details are [here](https://conventionofstates.com/news/as-the-anti-constitutionalists-mount-their-opposition-be-sure-to-stay-informed-with-our-article-v-resources).
+Opposition is also promoting this false narrative:
+> “Furthermore, no one has the power to control Delegates.  As James Madison pointed out, Delegates have the right, recognized by our Declaration of Independence, to throw off the government we have, and draft a new Constitution which creates a new form of Government. More than THREE new "progressive" Constitutions have been written in anticipation of this!”
+Again, the above link explains the safeguards with the delegates.
+Speaking about “throwing off the government” is cherry picking information used to add in an irrelevant topic, since Article V is clearly defined as proposing amendments to THIS constitution. **To be clear, Article V would not be used to “throw off the government.”**
+The other “Three new progressive constitutions” have been talked about for a long time, yet nothing has been done with them.  Nothing has been done with them because no states want to create a new constitution. If they did, they would have gotten together with other sovereign states and drafted, and enacted one.
+More details about the requirements for a Constitutional Convention [here](https://drive.google.com/file/d/18uPpyIwpZc3L9Vgev3_dPi43yd05vnyN/view).
 Knowing NH Senators are receiving this well intentioned but false information, is helpful for you to understand when you talk to your legislators.
-\*1 https:%%//%%conventionofstates.com/news/as-the-anti-constitutionalists-mount-their-opposition-be-sure-to-stay-informed-with-our-article-v-resources|
+\*1 https://conventionofstates.com/news/as-the-anti-constitutionalists-mount-their-opposition-be-sure-to-stay-informed-with-our-article-v-resources
 ---
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 |Converted: |2025-11-11 12:01 GMT|
 |Change Author: |Carol Petrusewicz |
-|Credit Author: |
+|Credit Author: | |