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Myth Busting: Article VI

Myth

The proper response to federal overreach is by using Article VI, not Article V

 

 

Fact

Article VI contains the supremacy clause and the oath of office requirement.  There is nothing to do in Article VI.

All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

Presumably "using" Article VI means putting pressure on your elected officials when they do things that are unconstitutional.

There's nothing wrong with trying to put pressure on your Congressmen.  But there's also nothing new about it.  And trying to pressure your Congressmen is a futile exercise today.

It's futile because the Supreme Court has handed down opinions that say that Congress can regulate almost every area of our lives, and they can tax and spend money on anything they want without any limit (think: national debt).



It's the structure, not the people

With no real taxing, spending or regulatory restraints, people in Congress tend to vote for someone else's spending bills because they know that buys them power.  And Congressmen that don't play that game lose power and influence.  So the temptation is very strong for everyone to vote for everyone else's spending bill.

"I do not believe that the solution to our problem is simply to elect the right people. The important thing is to establish a political climate of opinion which will make it politically profitable for the wrong people to do the right thing." 

- Milton Friedman

 

Fix the structure and the people won't matter 

Court opinions that have enlarged federal power need to be overturned.  But when those opinions are from the Supreme Court, the people either have to wait for the court to overturn itself (Plessy, Roe), or the people have to amend the Constitution.

 

Article V

So if we don't want to wait 50 or 60 years for courts to reverse themselves, the only option left would be the amendment process.

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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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