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Myth Busting: Amendments are only for fixing defects

Myth

The amendment process was only intended to fix defects in the Constitution.  It was never meant to be a tool to control a federal government that had usurped its authority.

 

 

Fact

The founders did not intend for amendments just to fix defects.  The founders also contemplated clarifying amendments.  

 

Exhibit A - the 11th Amendment

One of the most powerful rebuttals to this argument is the 11th amendment.  It didn’t grant, revoke or in any other way limit the power of the federal or state governments.  The 11th amendment is what’s called a clarifying amendment.  The nation so strongly disagreed with the Supreme Court opinion in Chisholm v Georgia, that we proposed and ratified the 11th amendment in less than 1 year.

 

Amendments to counter federal usurpations

The founders also understood the amendment process to be a force that the states could use to push back against an encroaching and even abusive federal government.

Consider these remarks by James Madison.  The "father of the Constitution" called the state-led amendment process the "final resort" under the Constitution against federal usurpations and abuses of power.

Should the provisions of the Constitution as here reviewed, be found not to secure the Government and rights of the States, against usurpations and abuses on the part of the United States, the final resort within the purview of the Constitution, lies in an amendment of the Constitution according to a process applicable by the States.

source: http://rotunda.upress.virginia.edu/founders/default.xqy?keys=FOEA-print-02-02-02-2138

 

Hamilton agreed

In Federalist 85, Hamilton agrees with Madison that the state-led process is an effective means of pushing back against a federal government that has abused its authority.

We may safely rely on the disposition of the State legislatures to erect barriers against the encroachments of the national authority

 

Madison again

It has been asked whether every right has not its remedy, and what other remedy exists under the Govt. of the U. S. agst. usurpations of power, but a right in the States individually to annul and resist them.

The plain answer is, that the remedy is the same under the government of the United States as under all other Govts. established & organized on free principles. The first remedy is in the checks provided among the constituted authorities; that failing the next is in the influence of the Ballot-boxes & Hustings; that again failing, the appeal lies to the power that made the Constitution, and can explain, amend, or remake it...

Source:  http://oll.libertyfund.org/titles/madison-the-writings-vol-9-1819-1836#Madison_1356-09_1704

 

 

George Mason

George Mason had this to say about the amendment process at the Constitutional Convention

Amendments therefore will be necessary, and it will be better to provide for them, in an easy, regular and Constitutional way than to trust to chance and violence.  It would be improper to require the consent of the Natl. Legislature, BECAUSE THEY MAY ABUSE THEIR POWER, and refuse their consent on that very account

Source: http://avalon.law.yale.edu/18th_century/debates_611.asp

 

 

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Physicians for COS

The diagnosis is clear.

We have a growing cancer today known as the Obamacare. As a result physicians are no longer free to practice medicine.

No profession feels the full force of the federal government more than physicians. The medical profession is the most highly regulated profession in the United States. The practice of medicine is controlled, taxed, and regulated to the point of being destroyed by the heavy hand of the federal government.

Physicians are told how to bill, how much to charge, and how to treat patients. They are mandated to use expensive electronic medical records. The federally enacted HIPPA (Health Information Privacy and Portability Act) makes the communication between physicians and atients burdensome, inefficient,and expensive. Every physician is required by federal mandate to register with the government to obtain an NPI (national provider identifier.) We are required by federal law to obtain and pay for a license to prescribe medication through the DEA, which is separate from our state licensure.

This heavy hand of government not only oversees the largest federal health bureaucracy ever created, but by extension reaches into every state, every city, and every small town to regulate how every licensed physician practices the art of medicine and how citizens obtain care.

The treatment is also clear.

The prescription for a cure was written into our constitution by our founders. Article V of our constitution allows for the states to call for a convention of states to limit the power and jurisdiction of the federal government through the proposal of constitutional amendments. Physicians should be the strongest supporters of this brilliantly-crafted states’ rights tool placed into our constitution by our founders.

I urge my fellow American physicians to join with me in supporting an Article V Convention of States to take back control of the practice of medicine. It’s the only way that we can return the practice of medicine back to the intimate relationship between a doctor and patient without interference by the heavy hand of a distant, national government.

Jeffrey I. Barke, M.D. Family Physician Newport Beach, CA
Convention of states action

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