The Folly of a Convention of the States

There is an increasing call as of late to get states to sign on to the idea of commencing an Article 5 convention to change the Constitution of the United States of America. The people who support this say that the states need to initiate this action so we can rein in the federal government’s corruption. They propose to put term limits, a balanced budget amendment and an amendment limiting the power of the federal government. This idea is heavily flawed. What this idea will really do is allow the criminals we have in office, and their handlers, to change the Constitution to suit their purposes. There are some changes to the Constitution that could be good for America, but this is not the time to allow our politicians in office the keys to the Constitution.

Here is Article 5 for reference:

“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.”

The real problem we face is the ignoring of the Constitution. Most of what Washington DC does is unconstitutional by definition. The very existence of most of the departments and agencies that we have now in Washington DC prove that. The Federal Reserve for instance. Congress is delegated the power “To coin Money, regulate the Value thereof, and of foreign Coin”. They have illegally allowed the Federal Reserve, a private corporation, to wield this power. The Congress passing “laws” to change the Constitution is by definition unconstitutional. Only through an Article 5 convention could this power be changed, because the Constitution itself needs to be changed.

Add to that list the Departments of Education, Energy, Health and Human Services, Agriculture, Transportation, Homeland Security, and Housing and Urban Development. None of these departments are authorized by the Constitution and exist unlawfully. The problems we face are employees of the federal government not abiding by their oath to office and their complete disregard for the Constitution of the United States of America.

Article 5 of the Constitution was written for one reason, to change the Constitution. It has nothing to do with making our government employees comply with the law. It is not an enforcement mechanism for the people. It exists simply to change the Constitution when good ideas need to be enacted.

Instead of working to make our government employees follow the law, these people think that changing the law is the proper course of action. If this was the sum total of the action I would say go for it. But it is not. When a convention is called by the states, no one knows what will be proposed. The Convention of States Project completely ignores or gives out misinformation to allay the people’s fears. They state that their applications are binding and that only items stated in the applications can be addressed. That is a lie. Refer back to the Article itself for clarification on this point. “shall call a Convention for proposing Amendments”. When the convention begins is the time that amendments are proposed. There is no truth in the binding of delegates nor of a limited convention.

There has never been a convention called by the states under our current Constitution. Every amendment has been proposed by Congress and ratified by the states. The closest thing that we have witnessed in our history was the Constitutional Convention of 1787 which gave us our current Constitution. Originally described as a convention to amend the Articles of Confederation, it was rapidly turned on its head and became a convention to give us a new Constitution. The same thing could happen today with a convention of the states.

Even more alarming in 1787 was the ratification process for the new Constitution was changed. Under the Articles of Confederation, all of the states, 100% of them, had to agree to changes to make them law. In the Constitutional Convention they changed that to 3/4 of the states, or nine states out of the thirteen. In modern times a new Constitution could be created and the ratification process along with it. Is our Constitution so flawed it needs to be replaced or even changed? Or is it the rejection of our Constitution by those in power which is the problem?

The purpose as stated by the Convention of States Project was originally three fold- term limits, balanced budget, and the limiting of federal power. They have changed their tune depending on the state legislature they are soliciting. Two out of these three items are already found in the Constitution but are being ignored. These idea presented by the convention of states project are the window dressing to fool people into supporting this misguided effort.

Term Limits. We already have term limits, it is called the vote. The electorate is the problem here, not the Constitution. We the people already have the ability to term limit our elected officials but for whatever reason we choose not to in most cases. If we did get a term limit amendment it would do nothing to make the people already in office comply with the law. Changing out 535 elected officials of the federal government will do nothing to rein in the other 1,7000,000+ employees that are already employed at the federal level.

Balanced Budget. Article 1 Section 8, the enumerated powers of Congress, already covers this topic. We have Congress funding entities which are not prescribed by the Constitution. Where is healthcare in Article 1 Section 8? How about Planned Parenthood? Common Core? How about infrastructure repair? None of this is found in Article 1 and is thus unconstitutional and funding unconstitutional entities is breaking the law. Even worse, the idea of a balance budget ignores the unlawful nature of these entities. This amendment would allow for the funding of these unconstitutional agencies and departments in defiance of the words already contained in the Constitution. Why do we need another amendment for the our elected officials and their minions in Washington DC to ignore or use as an excuse for unlawful activity?

Limiting power of Washington DC. The whole of the Constitution describes what a lawful government is. Where in the Constitution is the Administration for Community Living, the Agency for Healthcare Research and Quality, the Alcohol, Tobacco, Firearms and Explosives Bureau, Amtrak, the Bureau of Consumer Financial Protection, the Bureau of Industry and Security, the Bureau of Safety and Environmental Enforcement, the Office of Career, Technical, and Adult Education, the Chemical Safety Board, the Chief Human Capital Officers Council, the Office of Child Support Enforcement, the Department of Education Office of Civil Rights, the Commission of Fine Arts, the Consumer Product Safety Commission, the Council of Economic Advisors. the Council on Environmental Quality, the Delta Regional Authority, the Dwight D. Eisenhower School for National Security, Economic Growth, Energy and the Environment, the Office of Elementary and Secondary Education, the Employment and Training Administration, Energy Information Administration, Energy Star Program, Environmental Management, the Environmental Protection Agency, and the Export-Import Bank of the United States just to name a few ( I stopped at “E” under federal agencies listed by the government at https://www.usa.gov/federal-agencies/a ) authorized by our Constitution? They are not. It has been a slow but steady creep to create the unconstitutional bureaucratic monstrosity we witness today.

Then there are some agencies that are in direct conflict of the Constitution. The Bureau of Land Management for instance. The Constitution is quite clear the land that the federal government is allowed to own. Article 1 Section 17 describes what the lawful ownership of land is to be:

“To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings”

And yet they are still funded by the criminals in office in defiance of their oath to office and the Constitution itself. The Bundy’s were correct in their assessment of the BLM.

Our government is out of control. What we are witnessing is over a century in the making. We have allowed the government to ignore the Constitution and the results are leading to the destruction of our republic. There are no easy fixes. Changing the Constitution will do nothing to make our government comply with the laws. But it will allow the people who want to fundamentally change the United States of America an opportunity like no other.

Now is the time to fight this foolishness. Do you want the 2nd Amendment removed like former Supreme Court Justice John Paul Stevens? Maybe you just want to have it clarified like some in the COS project have stated? The only way to legally do so would be holding an Article 5 Convention. There are no easy fixes to the problems we face as a nation. A convention of states at this time could have dire consequences with the benefit, IF everything goes correctly, being very minimal. Just say no.

Join me at Constitutional Cappuccino to get plugged into a website that is all about the education Americans need to move our country back to its proper trajectory. My new book “Patriot Ammo: The Words Behind Our Flag” is also available and teaches of our founding documents and principles. The book would make a great present for anybody 16 and up.

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