A new op-ed published by the Civitas Institute outlines an excellent, well-researched argument for North Carolina to pass the Convention of States resolution, using historic context to lay the foundation.
In some ways, the situation facing us today is similar to that of 1788-89. We have a good Constitution, but some things are not quite right. History shows that one way to correct them is by constitutional amendment.
But just as the Founders predicted, Congress has refused to propose necessary amendments—in other words, Congress refuses to reform itself. That’s why states like North Carolina should take the lead.
States can do this by adopting legislative resolutions (“applications”) for a convention for proposing amendments—just as Virginia and New York did—and just as North Carolina suggested—back in 1788-89.
Although several groups are sponsoring form applications, the best is that promoted by the Convention of States Project. It would empower a convention to propose amendments to reduce the size and scope of the federal government, control its overspending, and adopt term limits. The convention could not consider any items outside of those areas, and any attempt to do so would be ruled “out of order.”
The Civitas article goes on to debunk common, status quo-defending disinformation that has been perpetuated against the Article V process.
Naturally, any suggestion for reforming our federal government will encounter push back from the nation’s political, media, and academic elite – as has happened many times before.
The most dramatic example occurred in the 1970s when the states very nearly triggered a convention to address overspending and Supreme Court overreach. Establishment professors, politicians, and media were determined to scare people away from a convention. They claimed the convention would not be controllable. They claimed there was no established law governing the amendment process. They even asserted that a convention for proposing amendments would be a “constitutional convention” that could, essentially, stage a coup d’etat.
Those charges were not countered effectively, and even some would-be reformers were terrified by them. The states pulled back.
Today, however, we know protests to an amendment convention were wildly exaggerated. The truth is that, as the Supreme Court has said, a “convention for proposing amendments” is nothing but a “convention of the states”—a very common kind of meeting in American history whose procedures and protocols are well known.
The claim that there is no law governing Article V also was false. In 2018, a legal scholar produced an entire book on Article V law, outlining the many decided cases and precedents governing the amendment process.
North Carolina was right to promote an amendments convention in 1788, and it would be right to do so today. Our legislature can kick-start the process by approving the application sponsored by the Convention of States Project.
The Civitas Institute has been a strong voice for freedom in North Carolina since its founding in 2005, and we are grateful for their support.
As legislatures across the country kick off their 2020 sessions, North Carolina has a strong chance of advancing the Convention of States resolution. Sign the petition and join your local Convention of States team to make your mark on history.
