Article V Constitutional Convention: The Nuclear Option of the Founding Fathers
Conservatism 101: D.I.Y. Political Education
On a daily basis, it’s apparent that Washington D.C. is out of control. What’s to be done? Da Tool Guy discusses the nuclear option of the founding fathers: calling an Article V Constitutional Convention. It’s a desperate option, but these are desperate times. Who would show up at such a convention: representatives like those who founded the country 2 centuries ago or those like we have been sending to Washington currently? Find out in this week’s Conservatism 101.
CIVICS FOR THE MASSES
CONSERVATISM 101:
#51 – Constitutional Convention
DaToolGuy
November 4, 2011
The Obama administration is once again governing, not by the the Constitution, not through the legislative process, but via presidential fiat.
Monday President Barack Obama signed another executive order, one of several in the last few weeks, this one to address shortages of certain cancer-fighting prescription drugs.
A laudable goal, to be sure, but Obama’s use, and the left’s love of, the executive order privilege is a frightening thing for civil libertarians and constitutional originalists such as myself.
Back in 1998 as then-president Bill Clinton was signing another executive order, then-presidential advisor and current left-wing pundit Paul Begala said “stroke of the pen, law of the land, kinda cool.”
Perhaps, but the ability for presidents to sign executive agency regulations which then have the force of law without recourse to congress has always been troubling.
It’s particularly troubling in a president who has repeatedly expressed a desire to move without congress — and has often done so where he could get away with it.
After both houses rejected his half-trillion dollar second “stimulus” disguised as a so-called jobs bill, Obama quickly moved to begin implementing what ever provisions he could via executive fiat.
It’s become clear this president and indeed many of his party no longer feel constrained by the enumerated powers or indeed any other part of the constitution.
To that end I suggest it’s time to convene an Article V convention.
Article V of the Constitution reads in part: “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 …”
We’ve come close to calling an Article V constitutional convention on several occasions, most recently in 1969 when the states fell one state short of the needed 34 to call one.
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Calling a Constitutional convention is a desperate step. While such a convention can be called in order to propose one amendment, it cannot be limited in that fashion and may consider anything. Indeed the only role Congress has in such a case is its mandated duty to call the convention when 34 states apply. Moreover, and this is the real reason to consider calling one, the president has no role in it. He cannot veto anything coming out of an Article V convention, as once the results are ratified by the states they are part of the constitution.
I see little other way to restrain a runaway government than such a convention, and really only one amendment would be required.
“Be it here resolved, that Congress has no power other than those directly apportioned to it by the Several States and the Constitution that all such Acts which might seem expand those Powers must be reviewed by the Supreme Court. That the President may not promulgate regulations which have the force of law without the direct agreement of the Congress and review by the Supreme Court; and that the Commerce Clause is hereby amended to reflect the true intent of the Framers, to wit: That no tariffs or taxes may be levied on goods exchanged between the Several States.”
We are rapidly reaching a point of no return, in which the power of the federal government will have so eclipsed the states that federal bureaucrats will have more authority that a state governor.
Is there a risk in calling an Article V convention? Certainly. Unless very carefully managed we could find ourselves with an entirely new Constitution which little resembles the one which has served us so well for more than two centuries.
But the time is rapidly approaching in which the risk of not calling one is the greater.
by DaToolGuy
images: dbkp file; hubpages
DaToolGuy is a small town journalist with big time dreams. He’s spent his entire adult life laboring in the obscurity he actually deserves. But he’ll take the opportunity to show off when it comes.
DaToolGuy writes regularly at View from Flyover Country.
ARTICLE V CONVENTION FACTS
• The Article V Convention is not a “constitutional convention” or “Con-Con”, and does not and cannot re-write the U.S. Constitution.
• Whatever is discussed at the Article V Convention, 38 states must then agree to adopt any proposals before an amendment is ratified.
• The Article V Convention is simply a deliberative assembly of state delegates discussing what might garner the approval from an overwhelming amount of citizens from across the political spectrum.
• The Article V Convention is, by law, currently mandated by Article V and the U.S. Constitution.
• The Article V Convention returns us to the U.S. Constitution and the rule of law, reviving both in the face of current institutionalized corruption.
Reply
That’s not entirely true. Whether or not an Article V convention can write an entirely new constitution depends upon whom you talk to — and several of the framers thought the language in Article V meant they could do exactly that.
Reply
Regarding your comment that a convention can write a new Constitution. The language of Article V is clear and undeniable: a convention, like Congress can only propose amendments “as Part of this Constitution.” You quote the language in your article then apparently ignore it. Obviously a new Constitution CANNOT be part of the old Constitution and as the power of amendment is expressly stated, a convention cannot write a new Constitution. This interpretation is backed by Supreme Court decisions and I would challenge you to present evidence as you claim from the framers that proves otherwise. Now, I am discussing expressed language not some “interpretation.”
Reply
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