I am often asked what makes the Convention of States Action’s Article V resolution different from other efforts. This is an excellent question and is generally asked by someone genuinely looking to learn. Let us break it down.
A supermajority of citizens from across the political spectrum agree the federal government does too much, spends too much and stays in DC too long. They also agree that the federal government will never do anything to change this. The Framers understood human nature. People naturally tend to “protect their turf” and defend their authority when challenged. Since human beings constitute our federal government, DC assumes the same behavior.
The first subject in our resolution is limiting the size, scope and jurisdiction of the federal government. This section is aimed at decreasing the number of decisions the federal government makes affecting our lives. The Constitution lists 17 specific areas of responsibility for the federal government. Nothing in the Constitution permits the federal government to control education, set a minimum wage, compel citizens to purchase a product or mandate the waterflow through a showerhead. Do you think the federal government will give up this authority voluntarily?
The third area our resolution addresses is restoring fiscal restraints. The constitutional method for funding our government is through the collection of “taxes, duties, imposts and excises” and to “borrow money on the credit of the United States.” Taxes on individuals were to be levied at the state and local level to fund government those entities. The states could forward a portion of those taxes to the federal government to fund it as well. Until the passage of the 16th Amendment, there was no authority for the federal government to directly tax the incomes of individual citizens. Do you believe the federal government would ever give up this cash cow of their own accord?
Now let us look at the second area our resolution allows us to consider. A limitation on the terms elected officials and political appointees can serve. This would likely include members of Congress since they are seen by most as the most egregious offenders. Commissioners could also consider limiting the length of service for Supreme Court or federal judges, political appointees and members of the federal bureaucracy.
I saved term limits for last for a reason. The main two factors causing members of the federal government to stay in DC so long are addressed in the prior two subject matter areas. Being able to make so many decisions that affect people’s lives feeds the human ego. That is intoxicating to many. The ability to appropriate money to fund various bureaucracies and programs is another source of power for a member of Congress. This is also a pathway for an elected official to facilitate their re-election. A legislator that is seen to benefit their district by funding various projects have an inherent funding advantage for their campaign. They also have better name recognition than a possible challenger to their seat. This increases their odds of being reelected. This means that they can secure more funding programs for their constituents which, in turn, increases their odds of being reelected. It is a closed loop.
The way our federal government currently operates, the longer a member of Congress stays in office the wealthier they tend to become. For instance, the Washington Free Beacon estimates Nancy Pelosi’s net worth since she was first elected Speaker of the House in 2008 to today has increased by $140 million. Not bad on an annual salary of $174,000. If we propose amendments that correct the federal government’s ability to make decisions and spend money, the ability for a legislator to amass a large personal fortune would be significantly decreased. The motivation to stay in Washington DC would be lessened.
Another aspect of our resolution that makes it a more effective solution than previous Article V efforts is in its structure. State Legislatures have passed more than 400 resolutions calling for an Article V convention of states meeting. However, one has never been conducted because two thirds of the states have not agreed to the meeting agenda.
All previous resolutions proposed a pre-worded amendment. What happened is one state would agree with the proposed amendment’s language and another state may change a section. This resulted in proposals that did not agree so the two-thirds threshold was never reached. This legal requirement is called aggregation. Agreement was never reached due states not being part of the drafting process and not having their ideas heard. A much better process is to have commissioners representing their state deliberate in a constitutional venue and draft amendment proposals together. This is the process our resolution establishes.
Single subject Article V efforts fail to adequately return us to the government structure established by our Constitution. If only a proposal for a balanced budget is offered, the federal government would be able to continue unconstitutional programs and simply shift more costs to the states. They would have leverage over the states as it would be the state’s responsibility to end a popular but unconstitutional federal program. This would not be politically beneficial to state elected officials.
Resolutions proposing only term limits are insufficient as well. They result in sending new people to work in a broken system. The odds are the bureaucracy would become even more powerful due to the constant churning of members of Congress. We have a structural problem not a personnel issue.
The evidence is clear. All three areas where our federal government is acting outside of its intended framework must be addressed adequately to restore constitutional governance. Convention of States Action’s Article V resolution is the only proposal that can accomplish these objectives. It is the peaceful and constitutional solution that is as big as the problems.
In liberty,
Brett
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