Get Informed - Convention of States Overview
Why We Need a Convention of States
Understanding The Problem
Our Federal Government is Supposed to be Limited
The Constitution grants very specific powers to the federal government and reserves all other powers to the states via the tenth amendment, which clearly states:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
-Tenth Amendment to the U.S. Constitution
Basically, the idea was that the power and jurisdiction of the federal government would be as limited as possible. The powers of the federal government would be explicitly stated in the Constitution and all other powers would be reserved to the states, or the people.
Strong centralized governments can become tyrannical, as the founding fathers knew well. They put very specific limitations on our federal government, but it has taken on more and more power over the years without it being explicitly granted.
We now have a massive federal government that regulates just about every aspect of our lives, and the States have become subservient. The United States Senate was intended to act as a check on federal government usurpation of States' rights. However, since the 17th Amendment allowed them to be elected directly by the public, their loyalties have shifted to special interests and lobbyists.
Progress vs. Stagnation
A large centralized government could certainly set standards and improve the living conditions of individuals and the performance of communities. This, however, comes at the expense of innovation and variety. Uniform mediocrity and stagnation becomes the norm.
If states and local communities were free to try new things, standards and performance would progress over time. Some ideas would prove to be better than others and they would be adopted more broadly.
Moreover, the impact of bad ideas would be limited to the areas in which they were tried. When the federal government has a bad policy, the entire nation is impacted.
It really comes down to the question of who decides? We believe that local communities and states should be free to decide for themselves what's best for themselves and their families. Just about anything that the federal government regulates can be done at a state level, so many federal programs and agencies could simply become state programs and agencies. This is at the heart of why self governance is not a partisan idea. Different communities will want to try different things, based on their different values and experiences.
Decentralizing government by returning power to the states allows us to decide for ourselves. Thereby creating a robust free market of ideas that will more efficiently allow our society to evolve and improve the lives of individuals. This is not solely for Republicans or solely for Democrats. This is for everyone!
There would certainly be less animosity in this country if we weren't in a seemingly constant death struggle for control of our enormous federal government.
Article V - The Democratic Way to Amend the Constitution
The framers of the Constitution understood that in the future, issues would arise that they couldn't foresee. They included a process in Article V for the Congress to amend the Constitution so that it may govern effectively as times changed. They also included a process by which the states could amend the Constitution, bypassing Congress. Both methods are democratic in nature and require the will of the people to be successful.
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;
-Article V of the U.S. Constitution, on the amendment process
The framers believed that Congress would likely amend the Constitution to add to their powers, but not to limit their powers.
The ability of the states to pass amendments to limit the powers of the federal government, bypassing Congress, is a brilliant and necessary check on the federal government's tendency to want to become more and more powerful. We can thank George Mason for having the foresight and wisdom to fight for this addition to Article V.
Usurpation - Amending the Constitution By Judicial Fiat
Over the years, Congress has not often amended the Constitution to grant the government powers that it may need to govern effectively. Instead, they have relied on the Supreme Court to interpret the Constitution for the modern era.
By doing this, the Supreme Court ignores the clear and explicit requirements of Article V and the Tenth Amendment and engages in Constitutional amendment by judicial fiat. The Supreme Court is supposed to uphold the Constitution, not proactively conspire to rewrite it.
The Constitution is not a living, breathing document. It's an amendable document!
The intent of the framers was certainly not for the un-elected and unaccountable Supreme Court to amend the Constitution through loose interpretations that continuously evolve -- the most notable examples being of the commerce clause, the general welfare clause, and the equal protection under the law clause of the Fourteenth Amendment.
What the people may not have voted for through the democratic process, the government has become accustomed to getting by judicial rulings.
Why bother going through the trouble attempting to amend the Constitution and taking the political risks involved, when nine un-elected and unaccountable activists in robes can effectively do it for you? George Washington warned us of this...
"If in the opinion of the People, the distribution or modification of the Constitutional powers be in any particular wrong, let it be corrected by an amendment in the way which the Constitution designates. But let there be no change by usurpation; for though this, in one instance, may be the instrument of good, it is the customary weapon by which free governments are destroyed."
-George Washington, Farewell Address to the People of the United States
Fixing the Problem
Convention of States Action wants to use Article V to propose constitutional amendments in three areas.
1. Placing Fiscal Restraints on the Federal Government
Because the federal government is so massive, it is a single point of failure when it comes to spending. It would be bad if one state had an economic collapse, but it would be a disaster if it happened on a national level.
It goes without saying that the federal government is reckless when it comes to the nation's finances. Our national debt is now over 22 trillion dollars.
Both Republicans and Democrats are responsible for the tremendous national debt calamity we are facing and very few of them are interested in addressing the issue. They are only interested in their political futures and we clearly can't trust them to do the right thing.
All of our children will have to deal with the consequences of the squandering of our resources. The politicians certainly won't be held accountable. They will do what they always do, blame someone else.
The fact is that a centralized, over-grown government is not a good steward of our resources and never will be. Limits must be placed on what they can tax and spend.
The state of Maryland has laws requiring the budget to be balanced. Why should the federal government be unrestricted in their spending?
2. Placing Term Limits on Members of Congress and Federal Officials
Congressmen, Senators, judges, and other officials too often stay in their positions for far too long. They lose touch with reality, get drunk with power, and become corruptible.
Politicians are often re-elected repeatedly based on name recognition alone, regardless of how effectively they serve or how unethical their behavior. Additionally, they put their party above their country and this is completely unacceptable.
Supreme Court Justices often refuse to resign for political or egotistical reasons, when they are no longer physically or mentally able to to the job effectively.
The bottom line is that these people are public servants, but they often act like entitled royalty. We have an opportunity to limit their terms through a constitutional amendment.
3. Limiting the Power and Scope of the Federal Government
If we want to rein in the runaway federal government and shift the balance of power back to the states, we need to stop and reverse the trend of amendment by judicial fiat.
If we can pass amendments that more explicitly define the federal government's power we can take our government back and avoid further change by usurpation, as George Washington put it.
Various clauses that have been too loosely interpreted need to be more tightly defined, preventing unelected activist judges from incurring unjust laws, rules and regulations on the citizens with their opinions.
It's fascinating that we now find ourselves in a position where we have to amend the Constitution to take powers away from the federal government, that it was never granted in the first place. It is just as fascinating that the Framers foresaw our situation and gave us a solution.
Check out the next section of our Convention of States Overview >>> How it Works
