Government Power and Article V

Submitted by AMAC Member Mike Kapic –

In recent months the Article V conversation has been accelerating as the movement to implement it grows. Only a few Americans are satisfied with the way the Washington DC juggernaut is functioning and running the country. But many more, in fact a majority according to polls, fear and detest what’s going on in DC.

The corruption began years ago, but accelerated in the ‘90’s with Congress’s notion that everyone should own a house whether they could afford one or not. Fanny and Freddy then proceeded to lead us into the housing bubble and finally, collapse. That was followed by the investment banking and auto industry collapses. America took a fist blow to the midsection creating the Great Recession, which arguably could be called a depression. It’s been five years since it ended, and yet it still feels, to most Americans, like we’re in a recession.

Then the corruption and scandals began: Fast & Furious, the GAO extravagance, the State Dept and the Benghazi deaths, the DOJ harassment of reporters, the IRS discrimination against certain groups, Congress taxing and the Executive spending us into huge debt, our credit rating downgraded, Snowden and the NAS spying, the costly failure of TARP, threats of Executive Orders usurping the law of the land, the green energy crony network failures, and now the collapsing healthcare industry. Polls show that Americans are fed up with failed government policies and the inability of the Executive, Congress, or Judicial to normalize any of it.

After the 2012 elections, small citizen groups began forming and joining others already established, with the purpose of ending the dysfunction in the small city of DC. They each had different plans on how to accomplish this monumental task. Some wanted to evoke the often tried, but historically less successful nullification. More states are talking of nullifying obamacare today. Others felt that we just needed to send better people to manage DC. Still others looked deeper into America’s heart for the answer. And they found the solution in the Constitution.

They found that Article V contained the phrase, “…or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments…” The Framers had given the people and states a tool with which to fight against tyranny, should it come up. Depending on your interpretation of tyranny, we may or may not be at that point yet, but if we’re not, we’re awfully close.

The Framers idea, according to books, letters, and transcripts of the time, was to utilize the commonly used convention or gatherings for resolving issues. The convention origins go back to 1689 England with the bloodless Glorious Revolution. The convention process was used by early colonists to govern themselves. One formed the Mayflower Compact and was used up to and well beyond the dates of the Declaration and Constitution.

Over 400 conventions of states have been called since 1787 since Virginia called for the Bill of Rights. In fact, the last convention of states was called by New Hampshire on May 16, 2012, proposing a balanced budget.

There are several Article V groups today with different plans, but all with the same purpose: reining in the power and jurisdiction of the federal government through reforms like term limits and a balanced budget.

As we enter 2014, state legislatures across the country are debating and passing laws to strengthen their positions for the upcoming convention. Some have written laws guiding their delegates. Thirty-two states and 97 representatives met last December 7, to discuss the administrative rules for a convention. Since January 2, 2014, eight of the thirty-four states necessary to call for a convention have signed identical applications.

There are, however, some naysayers in the galleries. Folks who call this a Constitutional Convention and contend that opening up the Constitution will rip out the heart of it and reinsert bad replacements. Nothing could be further from the truth. First, this is a convention of states and is under the authority of the Constitution. It’s not a Constitutional Convention or Con Con, which works outside of the Constitution.

Next, the convention can only propose amendments to the Constitution after debate by the states delegates. Then, three-quarters of the states must approve or ratify any agreed to by the convention. It only takes 13 states to say no.

The argument that the convention can run away is obviously incorrect as 38 states have to approve it. The naysayers also seem to neglect the good things that have been suggested coming from such a convention. Even the things that they support: Congressional term limits, limits on Executive Orders, a restraint on the federal bureaucracy, limits on taxing and spending, returning of state sovereignty, term limits on the Supreme Court, plus other suggestions. Most Americans believe that these are good and would return the power to them and their states.

Before passing judgment, we should all research the subject and educate ourselves on the facts as this is critically important in matters that concern our country. Studying the history of the convention process, our country, the Constitution, and how the Founders and Framers intended our government to run or not run, is critical to our and our children’s future.

Study, study, study. Read books such as Mark Levin’s Liberty Amendments and the many others available. Attend webinar’s on Article V. For more information on how Article V works, go to conventionofstates.com. Join the expanding movement to return our country to its roots.

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“Never believe that a few caring people can’t change the world. For indeed that’s all who ever have.”  – Margaret Mead