THE CONSTITUTION’S SELF REPAIR TOOL
There’s no more strategic way to help government return to its original purpose.
700,000 people in 97% of the country’s legislative districts have joined a movement called Convention of States Project to encourage their state legislators to implement this.
4 of the 34 minimum required states so far have applied to use the Constitution’s Article 5 self-repair tool (like the computer program in every PC which removes unneeded apps). The Framers designed this method to restore the Legislative, Judicial and Executive branches to their constitutional limitations.
The three branches have obvious reasons not to encourage its use; a recent example being their collusion to uphold Obamacare.
What few realize is that the Founders granted state legislatures the SAME AUTHORITY as Congress to use this tool. States have attempted to deploy it 400 times since the 1788 Virginia General Assembly used it in their bill of rights proposal. But the required minimum of 34 matching state applications has yet to be achieved.
We the people, led by our state legislators, can reverse the lawlessness within all three branches of the federal government who will only return to Constitutional fealty when new amendments enforce its original meaning (such as outlawing misuse of the Commerce Clause beyond its purpose of enhancing interstate shipping). No other remedial strategy has the leverage to force such massive changes in government. On December 7, 2013, 100 Assembly of State Legislators from 33 states produced the Jefferson Resolution calling for an Article 5 Convention of States. That same year Mark Meckler and Michael Farris founded the Citizens for Self Governance Convention of States Project. Eight more Article 5 efforts underway are detailed here.
Are most American’s so naïve as to believe the Supreme Court upholds the Constitution? Their misinterpretations for over 100 years have enabled runaway government. Antonin Scalia’s recent dissent of the abominable imposition of same-sex marriage: “This is a naked judicial claim to legislative – indeed, super-legislative – power; a system of government that makes the People subordinate to a committee of nine unelected lawyers does not deserve to be called a democracy.”
We must commit to understanding this provision in the Constitution designed by our enlightened and revolutionary Framers. But grasping its meaning requires more effort than reading Facebook postings, the local newspaper and the evening news. Once you are exposed to a very inspired teacher of the Constitution, like Shane Krauser, someone with extensive experience in legally defending the Constitution, it is exciting to learn about. Constitutional questions and answers like those in this web article will fascinate anyone seeking a gentle introduction.
Unique to America alone, our government has no constitutionally sanctioned powers beyond the THIRTY so carefully defined. In order to justify its obscene expansion to 4.1 million employees and radically exceeding its mandate, government had to criminally disregard these limitations.
Perilous overspending (the Congressional Budget Office forecasts financial collapse within 10 years), misapplications of the General Welfare and Commerce Clauses, ignorance about the purpose of government, virtual abolition of the tenth amendment (usurping state powers), one hundred years of frequently unconstitutional federal jurisprudence and making terms in office into careers are costing us our liberty.
As soon as secular humanism began to displace the Framer’s theistic worldview in the late 1800s, the inevitable Tower of Babel emerged in Washington D.C. Abandoning the Founder’s conviction that man’s inherent sinfulness leads to power exploitation, central government gradually became an enemy of liberty instead of fulfilling its singular mandate to protect it. So much for the Constitution’s purpose of delegating a few essential powers to 3 offsetting branches.
Social justice began to replace equal justice. Fundamental rights were no longer bestowed by God, but by government. Like post-modern moral relativism, the current substitute for the Constitution only consists of situationally-applied opportunism.
The Constitution’s self-repair tool can end this madness by stopping:
- The confiscation of America’s wealth, a debt growing beyond 18 trillion and the wasting of hundreds of billions of taxpayer dollars annually (http://www.usdebtclock.org)
- The usurpation of power that belongs to the states and individuals
- Unending office terms of unprincipled federal judges, Supreme Court judges and Congressmen
- Unelected, statist, administrative bureaucrats heaping mountains of regulations upon every facet of our lives as exemplified by the 600,000 new pages of regulations added to the Federal Registry during the Barak Obama “transformation” of our country
- The “environmental justice” EPA gestapo that is crippling the energy industry, as exemplified by their 376 pages of rules designed to terminate the use of coal
- The destruction of private property rights
- States forced to comply with unfunded Federal mandates
- Wide open borders and illegal amnesty
Wedded to engorged government, unwilling to divorce a habitually abusive spouse, we codependently relinquish liberty. Like a computer virus, political correctness has corrupted the meaning of freedom that is encoded by God into our DNA.
Social reform purists and many Conservative Constitution experts insist that electing more leaders who uphold our founding principles, individual states nullifying Federal intrusions one at a time (not the Founders’ plan) and better educating the citizenry are the only safe strategies. Unfortunately, these crucial efforts will not result in structural reforms to the federal government to realign it with the Constitution. Those of this persuasion don’t reject Convention of States out of hand, but they believe the groundwork hasn’t been sufficiently laid to enable its success. But why can’t we exploit this burgeoning movement to prepare the soil for harvesting desperately needed amendments?
Because the Reagan “revolution” failed to shrink government we can’t justify seeking only the incremental reforms listed above. Reagan even failed to terminate the totally unwarranted and superfluous Department of Education. The Tea Party influenced a huge shift of power in Congress towards constitutionalism in 2010 and no serious structural change resulted.
That led Mark Meckler, the Tea Party’s co-founder, to leave the Tea Party to found this Citizens for Self Governance Convention of States Project!
Battle-weary Conservatives counteracting threats to private property, personal liberty, and local schooling, are intimidated by the effort of each state applying for a national symposium to draft amendment proposals. In fact, mirroring how the political class discourages any movements united against statism, pointy headed Conservative opposition to Article 5 is similarly discouraging a unified movement of unsophisticated BIPARTISON idealists determined to restore state and individual sovereignty!
The Article 5 opposition fears the Constitution itself. They claim it illegally replaced the Articles of Confederation, even though ten of the twelve states gave their delegates broad, written instructions to “render the Foederal Constitution adequate to the Exigencies of the Union”. Another common but ludicrous opinion is that government is not honoring any of the Constitution’s amendments. Huh? How often are the following not upheld? 4: search warrant requirements, 5: due process, 6: public trial, 7: civil jury trial, 8: cruel and unusual punishment, 12: presidential electors, 19: presidential succession?
True defenders of our nation’s birthright have a tremendous advantage over big government zealots perpetuating a repeatedly disastrous legacy. True freedom fighters promote an idea that elevates humanity and empowers the individual, not the state. Don’t let statist progressive hyper-egalitarianism continue to co-opt the true definitions of liberalism, rugged individualism and inalienable rights.
Those Constitution “experts” haven’t inherited the revolutionary spirit of the Framers nor realized that Article 5 provides the most strategic opportunity to invest “our lives, our fortunes and sacred honor”. This movement is a vehicle to mobilize many from their complacency and educate them about the Constitution.
Thankfully, a small minority (that’s all it will take!); unintimidated by any pseudo-argument against a Convention of States, will never cease demanding state legislators wield their Article 5 responsibility.
Only amendments to the U.S. Constitution can accomplish what Alexander Hamilton defended in Federalist 85: “We may safely rely on the disposition of the state legislatures to erect barriers against the encroachments of the national authority.” The Framers unanimously adopted Article 5. How many realize that the Constitution WOULD NOT HAVE BEEN RATIFIED without it?
Notice Hamilton’s critical use of the phrase “national authority.” We should not focus our criticisms on individuals in the ruling class who disregard the Constitution. 120 years of gradually replacing the rule of law with social justice has created a system of “national authority” more tyrannical than even its proponents could have dreamed. That’s another major reason why the Reagan Revolution and the Conservative landslide election in November 2010 were nearly useless to slow the growth of central government. For the majority of Americans more concerned about comfort and security (without liberty) and for many Christians who’ve divorced God’s kingdom from their civic responsibility, that is too painful to admit.
James Madison wrote “Should the provisions of the Constitution as here reviewed, be found not to secure the government and rights of the states, against usurpations and abuses on the part of the United States, the final resort within the purview of the Constitution, lies in an amendment of the Constitution, according to a process applicable by the states.”
State Legislators are constitutionally obligated by Article 5 to realign central government to the Constitution, exactly as the Founders anticipated. Encourage your own Representative and Senator to not cede their sovereign authority to government and not to betray integrity of principle for re-election advantages. Urge them to study and promote Article 5 now and not wait for an actual Convention of States bill to be drafted in their legislature. Passively waiting to see the wording of a specific COS bill is on par with citizens doing nothing in the cause of liberty until the next voting day arrives.
Some state legislators have hidden behind the tactic of “plausible deniability” (inadequate knowledge) as a defense for not supporting applying for an Article V Convention. As the public has become more aware of the power states have through Article V, it is no longer possible for legislators to pretend that a knowledgeable position on Article V is impossible. Other state reps claim all they can do to reform the central government is enable their state to set a good constitutional example. Horse hockey.
The three branches, enabled by the Supreme Court, have exploited a few imprecise clauses in the Constitution, to unshackle themselves from their limited mandate and remain ensconced in power. The activist executive and judicial branches no longer rely on the legislative to be the only law creation branch. Woodrow Wilson and Franklin Roosevelt boasted of their lack of Constitutional obligations. Barack Obama castigated our foundational document for only being “a charter of negative liberties” as opposed to positive rights (social justice).
Florida, Georgia, Alabama and Alaska have delivered to Congress their complete, legal applications for a Convention to propose amendments to restrict government in three categories: spending, terms of office and jurisdictional overreach. The Senates in five states and Houses in eight others passed the resolution (38 states have introduced it). They have awakened to the fact that fear mongering about a runaway convention (a “con-con”) and a Congress supposedly capable of shipwrecking any proposed amendments contradicts the numerous safeguards, redundant protections, instructions, judicial review, laws and simplicity prescribed by Article 5, as well as the historical multi-state conventions that provide universal precedents (none of those conventions exceeded their authority!). Watch this highly instructive video of the Louisiana House Committee debating Convention of States, with Michael Farris testifying and the final vote to approve COS (but which was later sabotaged by the Rino Senate President).
32 interstate conventions preceded the Constitution, hundreds followed it (e.g. Hartford 1814, Nashville 1850, and, most notably, Washington, D.C. 1861) and the Constitution has been amended 27 times (always requiring ratification by ¾ of the states). Rob Natelson, the leading Article 5 historian and refuter of arguments against it, proves there’s far more restrictions on an Article 5 convention than on our central government!
All of this history has generated a huge repository of decided case law and precedent. Only 13 states can prevent any amendment proposal from being ratified. The federal courts would prosecute violations of the Article 5 process and enforce newly ratified amendments. For all their failings they are still administratively effective. The momentum and groundswell of at least 38 states successfully ratifying new amendments to bind the powers of government will not be repressible. The nation would reverberate with enthusiasm about citizens regaining their influence and ability to tame the beast in Washington D.C.
If an Article 5 Convention is so vulnerable to being controlled by irresponsible parties, statists would have used it repeatedly to further eradicate the Constitution.
Potential abuses inherent to any required political process have no comparison to over 100 years of all three branches running full steam toward socialism. How rational is the fear propagated by the John Birch Society (Arthur Thompson has replaced communism with this new bogeyman), Eagle Forum (Phyllis Shlafley) and the National Association for Gun Rights (Dudley Brown) of an uncertain result, disemboweling the Constitution, rogue delegates (states would recall any delegates that violate their instructions or authority), a Congressional takeover (Congress only has the power to designate the time and location for the Convention), Occupy Wall Street and George Soros hijacking the process? Anyone knowledgeable about Article 5 realizes it will reverse a century of legal surgical malpractice, not the other way around.
State Legislatures are dominated by Conservatives but many of them have fallen for the misinformation campaign. Not enough of their constituents have turned up the heat on them. Conservative non-profits and author/lecturers are very principle-driven but not necessarily amenable to a new movement that threatens their limited funding and unpopularizes their trademark causes and reputation. Conservative organizations in silos can be guilty of turf wars.
Remind your State Legislators they are the last best hope against tyranny and that all the scare tactics about a Convention of States have been rebutted here.
Consider these volunteer opportunities. Sign the Convention of States Petition, which is sponsored by Citizens for Self Governance which will automatically generate letters to your State representatives. I welcome your questions and comments sent to firstname.lastname@example.org.
FOR THE SAKE OF LIBERTY I IMPLORE YOU TO
- Recruit people to sign the Convention of States Project petition at com
- Contact your state reps by phone, fax and e-mail with your request that they support a Colorado commitment to apply for an Article V Convention. Request a meeting with them. (I can provide you a sample letter for ideas)
- Learn about an Article 5 Convention of States! Here’s a huge repository of internet links to videos and articles.
- Keep abreast of the Colorado Convention of States Facebook.
- Convince your friends and relatives of the absolute necessity for an Article 5 Convention. Hold a home party for that purpose. Use the COS Powerpoint or monthly online Newsletter.
- Recruit them to be a co-worker in this cause.
- Share your convictions about realigning central government to the Constitution in groups, clubs, school, church.
- Become an expert on the Constitution. Learn about the many historical insults and misinterpretations of the Constitution.
- Write about your support of COS to print and online publications, Twitter, blogs, Facebook; utilizing the link to http://www.conventionofstates.com/ Here’s on Facebook forum in which you can participate.
- Create your own printed endorsement of COS to hand out to acquaintances, in meetings, and at the local Post Office or use this article.
- Request COS color flyers from their web site, to hand out and post on bulletin boards.
- Notify me that you have joined forces with nearby friends to carpool to join hundreds of statewide COS supporters in Denver when the House and Senate COS resolution hearings occur and when the final vote to apply for a COS occurs.
- Increase your skills at rebutting this five top misinformed complaints about an Article 5 Convention (by the John Birch Society, Eagle Forum, Republican and State legislators with humanistic statist ideology, and Dudley Brown of the National Gun Rights Association)
- It cannot be restricted to the application subject matter (reducing Congressional and Supreme Court terms of office, reducing Govn’t spending, reducing Govn’t jurisdiction) and could undermine the existing Constitution
- It can be sabotaged by Congress
- State Legislators are not qualified to advance it and ill-prepared delegates will be commissioned
- There’s no historical precedent and established protocols and safeguards
- Government will disallow new Amendments
Contact me with any question, comment, or request for me to:
- Host a dinner for our area supporters
- Have you join me in handing out this article in front of the Post Office
- Notify me of any groups or leaders statewide to whom we should present the Convention of States Project
- Recommend books on restoring Liberty such as “The Liberty Amendments” by Mark Levin
- Tell you about the efforts of Colorado’s Convention of States Team and its Director; Ron Scott. Contact him via an email at email@example.com, CO@cosaction.com, (719) 482-5997, (719) 481-3079.
- Summarize more progress of this movement across the nation
- Send you a Word document with many hyperlinks to videos and articles on the Convention of States Project, including resources to help you spread the word
- Help you counteract arguments against an Article 5 Convention
- Speak on Convention of States to any group
God bless you!
Citizens for Self Governance Convention of States Project (https://selfgovern.com/)
District Captain for Southwest Colorado House Districts 58, 60