The Constitution of the United States was crafted with precision to create a federal government of limited powers, designed to protect individual liberties and the sovereignty of the states. However, specific constitutional clauses have been broadly interpreted over time, leading to an expansion of federal authority that exceeds the Founding Fathers' intentions. Calling an Article V convention of states for proposing amendments can restore the balance of power envisioned in the Constitution by proposing clarification amendments reinforcing the principles of limited government and federalism. These amendments, or ones similar, will return power to the people and the states. The method of a convention of states for proposing amendments was included in Article V as a failsafe by the framers to ensure there would always be a source of power outside of the federal government.
Clarification Amendment 1: The Commerce Clause
Proposed Amendment:
Section 1: The term "commerce" as used in Article I, Section 8, Clause 3, of the Constitution shall be understood to mean the exchange of goods and services between states, excluding any regulation of activities that are purely intrastate in nature.
Section 2: Congress shall have no authority to regulate any economic activity that occurs solely within a state.
Section 3: Any department, office, agency, law, regulation, treaty, or resolution in violation of this amendment at the time of ratification will be void one year from ratification.
Rationale:
The Commerce Clause was originally intended to prevent trade barriers between states and ensure the free flow of goods and services across state lines. However, its broad interpretation has allowed the federal government to extend its regulatory reach into nearly every aspect of economic life, often infringing on state sovereignty. James Madison warned against such overreach, stating that if Congress could interpret the general welfare clause too broadly, it could take over nearly all aspects of government. This amendment would restore the Commerce Clause to its original intent, limiting federal regulation to genuine interstate commerce and leaving intrastate matters to the states. Ratification of this amendment would limit the federal government's power and return authority to the states.
Clarification Amendment 2: The General Welfare Clause
Proposed Amendment:
Section 1: The General Welfare Clause, as stated in Article I, Section 8, shall be construed strictly to limit Congress's spending power to those specific powers enumerated in the Constitution.
Section 2: No appropriation of funds or extension of federal programs shall be permitted unless it directly relates to an enumerated power within the Constitution.
Section 3: Any department, office, agency, law, regulation, treaty, or resolution in violation of this amendment at the time of ratification will be void one year from ratification.
Rationale:
The General Welfare Clause has been used to justify many federal spending programs far beyond the Constitution's enumerated powers. Thomas Jefferson cautioned that interpreting this clause as a catch-all for federal authority would undermine the entire structure of limited government. This amendment would ensure that Congress cannot use the General Welfare Clause as a blank check for expanding federal control by restricting federal spending to activities directly related to enumerated powers. Ratification of this amendment will rein in federal overreach and restore fiscal responsibility.
Clarification Amendment 3: The Necessary and Proper Clause
Proposed Amendment:
Section 1: The Necessary and Proper Clause, as stated in Article I, Section 8, Clause 18, shall be strictly interpreted to authorize only those laws essential for carrying out the enumerated powers vested by the Constitution.
Section 2: Any federal law or action not clearly necessary and proper to execute an enumerated power shall be deemed unconstitutional.
Section 3: Any department, office, agency, law, regulation, treaty, or resolution in violation of this amendment at the time of ratification will be void one year from ratification.
Rationale:
The Necessary and Proper Clause has been another tool for expanding federal power far beyond what the framers intended. James Madison emphasized that the federal government was to have only those powers expressly delegated to it, with all other powers reserved to the states or the people. This amendment would ensure that the Necessary and Proper Clause cannot be used to justify federal actions that are not directly tied to an enumerated power. Ratification of this proposed amendment will reinforce the Constitution's limitations on federal authority and protect states' rights.
Clarification Amendment 4: Strengthening Article I, Section 1
Proposed Amendment:
Section 1: All legislative powers granted by this Constitution shall be vested exclusively in the Congress of the United States, which shall consist of a Senate and House of Representatives.
Section 2: No executive order, presidential directive, or administrative rule or regulation shall have the force of law unless it is enacted by Congress and signed by the President, or passed over the President's veto according to the procedures outlined in Article I, Section 7 of this Constitution.
Section 3: Congress shall not delegate legislative powers to any executive agency, administrative body, or independent regulatory commission. Any existing law, regulation, or policy that delegates such legislative powers shall be deemed null and void one year from this amendment's ratification date.
Section 4: All rules and regulations promulgated by executive agencies shall be submitted to Congress for approval before taking effect. Congress shall enact such rules and regulations through the normal legislative process.
Section 5: Any department, office, agency, law, regulation, treaty, or resolution in violation of this amendment at the time of ratification will be void one year from ratification.
Rationale:
The principle that all legislative powers are vested in Congress is fundamental to the separation of powers. However, the delegation of legislative authority to executive agencies and the proliferation of executive orders have blurred the lines of accountability and eroded the power of the people's representatives. In Federalist No. 47, James Madison warned against the accumulation of power in any one branch, as it leads to tyranny. This amendment would restore legislative power to Congress, where it belongs, and prevent the executive branch and federal courts from unilaterally creating laws. Ratification of this proposed amendment will ensure that the federal government operates within its proper bounds.
How These Amendments Fit the COS Mission
One of the Convention of States Action's goals is to limit the federal government's power and restore the balance of power between the states and the federal government as originally intended by the Founding Fathers. These proposed clarification amendments are essential to achieving that goal. Addressing the overreach associated with the Commerce Clause, General Welfare Clause, Necessary and Proper Clause, and the delegation of legislative powers would restore the Constitution to its original framework of limited government.
These clarification amendments are the kind of reforms that an Article V convention of states would advocate using the wording for the state's application that COSA has proposed. They reinforce the principles of federalism, ensure accountability in government, and protect the sovereignty of the states. By supporting these amendments, COS supporters can take a concrete step toward reining in the federal government and restoring the Founding Fathers' vision.
Call to Action
To make these amendments a reality, we need your support. COSA is mobilizing citizens nationwide to ask state legislatures to call for a convention of states. This is our opportunity to restore the Constitution and ensure that our government remains a government of laws, not of men. Join the movement today by visiting ConventionOfStates.com and signing the petition to support a convention of states. Together, we can take back the power that rightfully belongs to the people and the states and secure the future of our Republic.
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Note: This article is a condensed version of the original published at LibertyLighthouse.Substack.com.
