I often talk with people about the Convention of States (COS) resolution. One of the main questions that I am repeatedly asked is “What types of Amendments will be proposed at the convention?” I find this to be an encouraging sign because I have yet to have anybody ask me “Why do we need to amend the Constitution?”
We all know we have a government on steroids. In their heart, the American people know that there is something terribly amiss about our federal government. I tell people I will give them a dollar if they can name one aspect of our daily existence that is devoid of Washington DC interest or intrusion. So far, my money is safe.
The Resolution must be passed by 34 of the 50 State Legislatures to call a convention. Each state will send delegates who will discuss ways we can return our federal government to its original scope and jurisdiction. The Founders included the mechanism within the document: the Amendment process. Let’s look at some of the proposed Amendments.
• A limitation on the use of the Executive Order (EO) and federal administrative directives and regulations in order to enact laws. This extralegal technique was originally designed to give the Executive the ability to respond to situations that required a response or action faster than the Legislature could provide. It has evolved into the President being able to take unilateral action without the checks and balances of the Court or the Legislature. That is what a monarch or a tyrant does; it is not what a President is supposed to do. In our form of government, the President is the Chief Executive Officer. He is supposed to lead by giving the Legislature a vision or framework for the direction that he or she wants to take the nation. The EO should only be used in extenuating circumstances and should be subject to review by the Court and the Legislature.
• Imposition of Generally Accepted Accounting Principles (GAAP) would make it easy to track where the money goes and how it is spent. It would also impose fiscal guardrails that would inhibit the reckless spending and waste that leads to the all-too-common cost overruns. This alone would save the U.S. taxpayers billions of dollars per year. It would also allow us to prune the federal government by eliminating redundant agencies and departments.
• Single Subject Amendment – One subject per bill in Congress would force transparency. It would also help to have the bills written in plain language.
• A redefinition of the General Welfare Clause back to its original intent. The original view was the federal government could not spend money on any topic that was primarily within the jurisdiction of the states.
• A reaffirming of the Commerce Clause back to the original intent that Congress was only granted a narrow and exclusive power to regulate and accommodate shipments across state lines, not all the economic activity of the nation.
• A return to one of the Founding Principles that international treaties and foreign laws are subordinate to the domestic law of the United States.
• Requiring the sunset of all existing federal taxes, replacing them with a reasonable consumption-based tax, and forcing the government to live within its means. This would be protected by requiring a super-majority of the State legislature to approve any federal tax increases.
• Religious freedom amendment requiring the federal government to show just cause for any interference with our religious freedoms
• Regulatory curtailment by forcing Congress to openly debate and vote on regulations instead of deferring law-making to regulators.
These changes would be a good start in returning the balance of power between the federal government and the States.
Washington DC must be reminded again that they work for our benefit, not the other way around.
Source: Constitution Annotated Analysis and Interpretation of the U.S. Constitution Amdt1.4.1 Overview of Free Exercise Clause
