DEFEND BY AMENDING The “Defend Not Amend” school of binary anti-Article V thinking is founded upon a false dichotomy. It mistakenly presumes that the Constitution, as interpreted today, can only be restored to its original intent, as given to us by the Founders, by electing different people. For example, it does not recognize that the only realistic way to overturn Supreme Court precedents expanding the Commerce and General Welfare Clauses ad absurdum is by clarifying amendments consistent with the original intent. The problem with the false belief that the only alternative to the continuing dismantling of the Constitution is to elect different people is first, it won’t work and second, there is a better way. The fatal flaw in such thinking is that it overlooks that the fundamental governance problem our country faces is structural, not political, where the balance of power between Washington and the States has shifted so far in favor of Washington that the rights of States have become almost irrelevant, if not non-existent. Thus, regardless of the ideological leanings of the Congress, the White House, or the Supreme Court, the shift in power toward Washington and unending Constitutional dismantling continues. And Washington will never voluntarily give up power. Electing different people may sound like a wonderful idea but is it a realistic solution to the problem? The members of the House of Representatives could be replaced in two years, the President and Vice-president in four, the Senate in six and more like twenty years to replace federal judges who serve for life. While well intentioned movements are trying to do this, their successes are not nearly enough to shift the balance of power away from, or even make a significant dent in, the entrenched Washington power structure. Nevertheless, for purposes of argument, assume in time we could achieve the necessary level of replacement needed to repeal all “so-called unconstitutional” legislation. How long would it then take to overturn adverse precedents? The onslaught on the Constitution that has been underway for at least 100 years has led to at least 100, perhaps 200, entrenched precedents that need to be reversed. Considering the way the judicial system works, constitutional scholars will tell you that it could reasonably take at least 100 years to repair and renew the Constitution via countless cases wending their way through the litigation process. Time is running out on our country and we must act more quickly. Realistically, the only way short of revolution to correct the further dismantling of the Constitution is by amendments to the Constitution arising out of an Article V convention. Through this process, the states can create a Bill of Renewal that will consist of a complete package of restraints to reestablish the sovereignty of the states, 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. Their effect would be immediate. An Article V Convention of States is not only the best way, it may very well be the only way for We the People to repair and restore the Constitution to its founding covenants and to restore for all the principles of life, liberty and the pursuit of happiness.
Posted on: Thu, 27 Mar 2014 00:46:06 +0000
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