This is Constitution Week. Do you know what that means?
Not only is it the Constitution’s birthday, September 15th also is the 236rd birthday of the Article V convention of states process! I just double checked and it hasn’t aged a bit. Why should it? It hasn’t yet been used!
When the Founding Fathers debated the Constitution, they understood the tendency for governments to become oppressive. That was the reason for declaring independence from England to begin with. The rights they had as British subjects were being taken away by King George III, and each and every one of those grievances were listed in the Declaration of Independence. As a result, the remedies for each of these violations are found in the Constitution.
The Framers drafted and ratified the best document they could have at the time. Even then, some of 1787 delegates were reluctant to sign it. They knew their intentions and how they intended to act. But what if future generations were not as noble? What if future generations were not as committed to adhering to the principles listed in the Declaration and codified in the Constitution? That is why they included a process to alter it.
As of September 15, 1787, there were two methods for proposing Constitutional amendments: 1) Congress could propose them and 2) Congress could call the states into an amendments convention. As you can see, both methods depended upon Congress to initiate the process.
On September 15, 1787, Colonel George Mason addressed his fellow delegates. He pointed out they’d spent all summer discussing how to structure our government to be least likely to violate an individual’s Natural Rights. Colonel Mason restated his objection first offered in June – that the states must have the ability to propose amendments. He said the document they had drafted still had a fatal flaw, which was that only Congress could propose changes to the Constitution. Mason explained that a rogue Congress would never propose amendments to limit their own power.
Madison’s notes state,
“Col: Mason thought the plan of amending the Constitution exceptionable & dangerous. As the proposing of amendments is in both the modes to depend, in the first immediately, in the second, ultimately, on Congress, no amendments of the proper kind would ever be obtained by the people, if the Government should become oppressive, as he verily believed would be the case.”
So, Colonel Mason insisted the states have the authority to begin the amendment process themselves, and Mason’s motion was accepted unanimously by the delegates. Article V was changed to require Congress to call a convention of states meeting when two-thirds of the states had filed uniform applications to do so.
Remember, the sixth principle in the Declaration of Independence is: “That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.” This passage is the basis for the convention of states process.
It’s interesting The Framers said it was the “Right” of the people to alter our government structure. Every word in the Constitution was specifically and intentionally used. There were great deliberations over most passages as to how they should be worded. It’s important to understand the meaning of words in the late 1700s. The word 'duty' is used in several Founding Era documents. To The Framers, duty meant a legally binding, contractual obligation. Duty compelled action. The Framers chose to use the word “Right.” That meant that instead of action being a compelled obligation, the motivation had to come from within. It had to originate with the will of We The People.
There are reasons we’ve never held an Article V convention of states meeting. First, it is very difficult, and it should be. The Constitution should not be easily changed. Sadly, we’ve seen the Executive, Legislative and Judicial Branches effectively alter the Constitution at will without following the formal amendment process. Second, We The People have not had the sufficient will to cause our state legislators to fulfill their Constitutional obligation to hold the federal government to their Enumerated Powers.
This has brought us to a tipping point. Federal government overreach has pitted individual against individual, neighbor against neighbor and special interest against special interest. The result has been the decline of the civil society and the lack of respect for the rule of law.
Do we have the will to push back as The Framers instructed us to?
Will we stand by and watch the continued demise of our republic?
Millions of Americans have said “no” and are fighting back through the Convention of States Project. We continue to grow our numbers. I understand having political fatigue. But, think of what our Founding Fathers had on the line. By signing the Declaration of Independence they were committing treason. They would have been executed had the British forces captured them.
Today, the country these brave people founded for us is fighting for its existence. The consequence we face is the loss of liberty. It is our DUTY to train our friends and neighbors to be self-governing citizens. It is our DUTY to educate our legislators to fulfill their constitutional obligation to oversee the federal government and restrain its power. It is our DUTY to actively work to save our republic for our children and generations yet unborn. We have no other choice. The time to act is now!
Go to https://conventionofstates.com/take_action to answer the call The Framers made to each of us.
In liberty,
Brett
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