From: Joe Brake
To: Ronda Menlove, David Lifferth, Jack Draxler, Edward Redd, Curt Webb, Jacob Anderegg, Ryan Wilcox, Gage Froerer, Jeremy Peterson, Dixon Pitcher, Brad Dee, Richard Greenwood, Paul Ray, Curtis Oda, Brad Wilson, Steve Handy, Stewart Barlow, Roger Barrus, Jim Nielson, Becky Edwards, Doug Sagers, Susan Duckworth, Jennifer M. Seelig, Rebecca Houck, Joel Briscoe, Angela Romero, Mike Kennedy, Brian King, Lee Perry, Janice Fisher, Larry Wiley, LaVar Christensen, Craig Hall, Johnny Anderson, Mark A. Wheatley, Patrice Arent, Carol Moss, Eric Hutchings, Jim Dunnigan, Lynn Hemingway, Daniel McCay, Jim Bird, Earl Tanner, Tim Cosgrove, Steve Eliason, Marie Poulson, Ken Ivory, Keven John Stratton, Robert Spendlove, Richard Cunningham, Greg Hughes, John Knotwell, Melvin Brown, Kraig Powell, John G. Mathis, Kay Christofferson, Brian Greene, Jon Cox, Val Peterson, Dana Layton, Keith Grover, Jon Stanard, Dean Sanpei, Rebecca Lockhart, Francis Gibson, Michael Mckell, Marc Roberts, Merrill Nelson, Jerry Anderson, Kay Mciff, Brad Last, John Westwood, mnoel, Lowry Snow, Don Ipson, joebrake2,
Subject: Vote Yes For HJR 008
Date: Wed Mar 05 22:34:00 MST 2014

Dear Utah State Representative:

            You are scheduled to vote on HJR-008 on or about 3-7-14, and I’ve been told that some of you are afraid that Congress will take control somehow of any Article V Amendment Convention; also that you distrust the ideas which other states might have in mind to propose at such a convention – a runaway convention. The framers of the Constitution put Article V into the Constitution intending for the state legislatures to use it any time the Congress or the Federal Government needed to be brought back under the control of the states and the people who created them in the first place. You may rest assured that after a Convention of the States is called Congress has absolutely no authority to interfere in any way with the process which was put into the Constitution in order to keep Congress under the control of the states; no such interference will be tolerated. I am confident of it. No subject which is not included on the application can be discussed at a convention either. All applications must be about the same subject matter and that is the only subject which can or will be considered at any such Convention. HJR-008 is about a Balanced Budget Amendment and I believe you should pass it, but I do not think that that will be a large enough solution to the problems we face today.

            Rather, I think some of you should introduce a Resolution like the ones which are already being considered in 10 other states-all almost identical. Georgia has recently passed HR1215 in both houses. Alabama passed HJR49 in the house this week. Arizona is voting today, probably on HCR 2027 and it has a good chance of passing, I think. Other states are Alaska – HJR22 & SJR18; Florida SM0476 & HM31; Missouri HCR41; New Mexico HJR2; Oklahoma SJR38; South Carolina H4372 & S833, and West Virginia HCR 86. These states have all used the same application form which is found at, and the subject matter therein is narrow enough to prevent a runaway convention and yet broad enough to address many of the problems facing the country today. Section 1. On this form reads: “The legislature of the state of Utah hereby applies to Congress, under the provisions of Article V of the Constitution of the United States for 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 form is known as the COS Form and it should be used by all states applying for a Convention so that the applications will aggregate to the 34 matching application required to trigger a call from Congress for a Convention. Any applications which are ruled to be different will not be counted toward the needed 34, so using the same form is important.

            I think you should familiarize yourselves with the process and with the possibilities for improving the situation in which we find ourselves today. Six or eight well debated amendments could fix most of the more serious problems we are facing. Mark Levin’s book “The Liberty Amendments” has provided much of the impetus behind this movement and I think and believe that it will continue to grow. It should not be a partisan movement. Some democrats in the West Virginia State House voted in favor of it. Maybe more will do so in other states as well. I believe that the Utah State Legislature can write such a Resolution and that both houses can pass it. If you don’t save the country from itself who will? You not only can do it, but it is your Constitutional right and your duty to do so.



            Joe Brake


P.S. : Michael Farris, founder of the Home School Legal Defense Association, is in charge of the COS Project, and he went and spoke to the Committee which was considering HCR2027 in Arizona. Maybe he could do the same in Utah, if he were invited to do so.