Tuesday, March 18, 2014

ARTICLE V CONVENTION OF STATES

Come on, states, let's pare back the feds' power

Americans don't agree on much, but most believe the federal government is ineffective, corrupt and part of the problem. According to one recent Gallup poll, an anemic 34 percent of the American people have any trust in the legislative branch of their federal government.

We've had our fill of head shaking, shoulder shrugging and hand wringing. Thankfully, a new hope is rising. People across the nation are encouraging their states to invoke the provision of Article V of the Constitution that allows states to propose constitutional amendments through a Convention of the States.

The idea has gained great momentum over the past year, thanks in large part to Mark Levin's recent book, "The Liberty Amendments." An organization called Citizens for Self-Governance boasts a massive, well-organized, nationwide grassroots network bent on restoring the principles of federalism using the strategy designed by the Founding Fathers themselves.

Here's how it works: Two-thirds (that's 34) of the states must call for a convention to propose amendments on a specific topic — in this case, limiting the power of the federal government. Once that happens, Congress sets the date, time and location for the convention. All 50 state legislatures select "commissioners" to represent their state. Every state has one vote, according to the well-established protocol of interstate conventions.

Any proposed amendments must be germane to the topic specified by the state resolutions and be approved by a majority of the states. These are then sent to the states for ratification by the state legislatures or by state ratifying conventions (Congress decides which).  In order to become a part of the Constitution, an amendment must be ratified by three-fourths (38) of the states.

The movement is growing. Arizona's House of Representatives has already passed a resolution calling for a Convention of States to constrain the power of the federal government. Now the resolution proceeds to the Senate.

Some opponents have asked, rhetorically, how inserting constitutional amendments will do any good, as long as federal officials simply "ignore" the Constitution. But federal officials don't simply ignore clear constitutional directives. Rather, they have seized upon general provisions (i.e., the general welfare clause) to drastically expand their own power.

And the federal judiciary has been complicit. Amendments that restore the founders' intentions with respect to the enumerated powers in black and white will go a long way toward resolving this problem.

Some conservatives are stymied by fear that Congress or left-wing conspirators will somehow hijack the Article V process and dramatically re-write the Constitution. But with state legislatures in the driver's seat, and with the requirement of a whopping 38 states to ratify any proposed amendments, this is a virtual impossibility.

We must act in the spirit of the Founding Fathers to preserve their legacy. A nation aspiring to be a self-governing people under God cannot behave as a people who passively succumb to tyranny. We have a moral obligation to use the weaponry provided to preserve our liberty.

Linda Brickman is Arizona legislative liaison for the Convention of States Project.

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