The following was written by Todd Gentry, State Content Writer for COS California.
One of the many brilliant insights of the Founders in the design of the Constitution was the concept of federalism whereby power was shared between federal, state, and local governments to avoid the usurpation of power at the federal level.
As James Madison stated in Federalist 45, “The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite.”
Unfortunately, the last century or more has seen the federal government gradually but inexorably assuming power that was rightly granted under the Constitution to the states and to the people.
This has occurred primarily in the executive and legislative branches of government but has even been enabled by the judicial branch through decisions such as Wickard v. Filburn that dramatically increased the regulatory power of the federal government. By taking the clear language of the Commerce Clause limiting Congress to the regulation of interstate commerce, the Supreme Court twisted it to essentially also mean "intrastate non-commerce," enabling Congress to govern almost any activity of U.S. citizens.
The mechanism that was created in the Constitution for its modification to reflect modern requirements was the amendment process described in Article V. All of the amendments previously ratified have been sent to the states for ratification after first being approved by a two-thirds vote in both houses of Congress.
However, it is entirely unrealistic to expect Congress to ever approve any amendment for ratification that would restore the original concept of federalism which would necessarily entail the curtailment of their own power.
This would appear to be a hopeless situation, but the Founders, in their wisdom, created a second method within Article V to initiate amendments for ratification. It bypasses Congress by allowing for states to propose amendments directly via a Convention of States after two-thirds of the states pass resolutions for this purpose.
An Article V convention represents the only means within the structure of the Constitution for the states and the people to regain the power it has lost without the interference of the federal government at any level.
Immediately after the conclusion of the Constitutional Convention in 1787, Benjamin Franklin was approached by a woman in Philadelphia and asked if he had given America a monarchy or a republic.
“A republic, Madam, if you can keep it,” was his reply. We have reached a point in our history where whether or not the republic of the United States of America is ultimately kept or lost is dependent upon its citizens exercising their rights under the Constitution through an Article V convention.
