Constitutional Crisis: The Coming Article V Convention of States

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Back in early 2012 I published an April Fool’s article glamorizing a nonexistent federal Constitutional Convention in Cheyenne [1]. While that post was a hoax, this one is not.

On December 7 of last year, 97 state legislators from 30 states met in Mount Vernon, Virginia, the home of George Washington, to discuss the objectives and strategy of the growing movement to call a Convention of States under Article V of the Constitution for the purpose of proposing amendments [2], specifically those dealing with a balanced federal budget and Congressional term limits, both of which enjoy significant popular support across party lines, with a balanced budget requirement polling as high as 85% [3].

Per Article V [4]:

The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.

I had the opportunity to attend a townhall meeting organized by Colorado State Senator Kevin Lundberg last week, one of the key figures in the Article V movement. I will publish additional details on the Article V Convention in the coming weeks, but for now consider the following key points regarding how such a convention would play out and how it would likely be organized.

Calling such a Convention would require a joint resolution being passed by 2/3 (34) of the state legislatures. As of this writing, at least 18 states already have such a resolution in place, including the State of Colorado. Several other states are actively pursuing this resolution and multiple parallel efforts are underway and gaining steam. There is a very real possibility that all 34 necessary resolutions will be in place prior to 2016.

There is no possibility of a so-called “runaway convention,” similar to the one that produced the Constitution we currently enjoy, as an Article V Convention would occur within the bounds of the existing Constitution and would be limited to the issues addressed within the state resolutions (most of which are limited to a balanced budget and term limits).

and would be (most of which are limited to a balanced budget and term limits). While an Article V Convention has never occurred in our history, it is a lawful and reasonable ‘relief valve’ to enact Amendments similar to the power that Congress possesses each and every day. The Article V process being followed is simply the proscribed alternative channel for proposing Amendments when the Congress refuses to act. Let’s not forget that the ultimate power of governance within our federalist system does not lie with the Congress – it lies with the States and the People, and this is their method of righting grievances.

Any Amendments offered by the Convention would still require ratification by 3/4 (38) of the states, either by their legislatures or by a separate ratification convention. This is the normal process that has historically been followed when Congress has proposed Amendments.

While the scope of the current Article V Convention push may seem rather limited, keep in mind that even passage of a balanced budget amendment would make significant inroads towards reducing the scope and power of the federal government and stuffing it back into the box of enumerated powers that were originally intended. The expansion of government into virtually every facet of American life did not begin in earnest until the creation of the Federal Reserve and the establishment of the Income Tax (16th Amendment) in 1913, both of which are relics of the Progressive Era of Woodrow Wilson.

Before the federal government had the ability to directly tax its citizens and establish a fiat currency (which began in 1913 and became more or less complete when the gold standard was illegally set aside in 1971 in violation of Article 1, Section 10 [5]), the federal expenditures rarely exceeded revenues and never by greater than 15%, which happened only once in 1909 [6]. Today, spending routinely exceeds revenue by 25% or more (and as high as 67% in 2009) and the national debt stands at $17.411 trillion [7], or 102% of GDP [8].

Debt is not wealth. It’s time to put a stop to the never ending growth of government and shackle it back to the powers enumerated in Article 1, Section 8.

Liberty or death,

The Bulletproof Patriot

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