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COS Simulated Convention Offers Border Solution

Published in Blog on February 08, 2024 by Stanley E Gilewicz

But ambitious encroachments of the federal government, on the authority of the State governments, would not excite the opposition of a single State, or of a few States only. They would be signals of general alarm . . . But what degree of madness could ever drive the federal government to such an extremity?  James Madison

Has the General Alarm Sounded?

James Madison pondered what extent of federal government usurpation of States’ rights would trigger the States to band together in opposition. If Mr. Madison were alive today he might get an answer to his musings.

The issue of illegal immigration is sparking growing anger from States across the political spectrum. The frustration with a gridlocked Congress, Presidential reliance on transitory Executive Orders, and a Supreme Court unwilling to uphold duly passed legislation seems to have raised a country-wide alarm.

The alarm is understandable when considering that 20 million illegal aliens have entered the United States and half of that number just within the last 3 years. Absent any congressional progress, the last two administrations have defaulted to Executive Orders to force immigration agendas (to the tune of OVER 1,000 EOs). 

The sense that national sovereignty is being volleyed back and forth by successive administrations, while Congress and the Supreme Court dither, is not sitting well with Main Street Americans.

The Temporary Solution: A Peek at the Future?

Mr. Madison and his fellow founders would be proud of their work while witnessing the “several and separate States” assert the right to protect their citizenry in the absence of federal action. Half of US state governors (including Florida) have pledged to support the efforts by Texas to secure its border with Mexico. This backing has been offered despite the Supreme Court ignoring Article IV, Section 4 of the Constitution and siding with the Executive branch against Texas.

The States are exerting their 10th Amendment right to “just say no” to federal overreach and, in this case, abandonment of the limited enumerative powers granted to the central government. Although just a pause in the grasp for further federal power, the “several and separate States” have, nonetheless, made a marker: You shall not pass!

The DC Two-Step Solution: Who is actually for “We the People”?

While the inaction of the Executive and judicial branches encourage open borders, Congress shows a lack of seriousness on both the left and the right in both the House and Senate. Is it any wonder that States are stepping in to fill the void left by DC’s abandonment of border security?


The Permanent Solution (If the States So Choose…)

The first week of August 2023 saw a remarkable gathering of 49 states. Their purpose was to hold a simulated Article V Convention of States. Six constitutional amendments were agreed upon by ALL 49 States in a compressed time frame, demonstrating the States’ concern with unconstitutional federal government power.

One of the six proposals, Federal Legislative and Executive Jurisdiction Proposal 2 (FLEJ Prop 2), has the potential to enable the States to override federal government action/inaction by a simple majority vote of State legislatures. Put simply, the current border crisis could be addressed by the States’ legislatures with a simple rejection of federal inaction and subsequent support for border-state control (Texas, New Mexico, Arizona, and California law enforcement agencies and respective National Guard units).

FLEJ Prop 2 is essential to restoring 10th Amendment rights to the States. It offers a clear and concise mechanism for blunting federal government overreach and, in the current circumstance, effective leverage to force the Executive branch to fulfill abdicated security responsibilities.

What can “We the People” do?

National border security is the equivalent of locking your house and car doors to prevent intrusion and/or theft. As citizens of the greatest country the world has ever seen, it is incumbent upon each of us to insist that our state and local legislators express their firm support of common-sense border control measures. 

If legislators back an Article V convention, encourage them to stay the course. New or opposed legislators need our constant, but polite, persuasion that only a Convention of States can rein in a voracious central government.

Time is short but we are Americans. We do the impossible on a regular basis!


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Almost everyone knows that our federal government is on a dangerous course. The unsustainable debt combined with crushing regulations on states and businesses is a recipe for disaster.

What is less known is that the Founders gave state legislatures the power to act as a final check on abuses of power by Washington, DC. Article V of the U.S. Constitution authorizes the state legislatures to call a convention to proposing needed amendments to the Constitution. This process does not require the consent of the federal government in Washington DC.

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