Posted on 08/14/2017 1:54:09 AM PDT by Jacquerie
One of the less understood yet revolutionary features of our governing forms is the built-in retention of the sovereign people’s authority to affect peaceful improvements to our state and national governments. Our new contribution to politics was the idea of provisions for reformation, of enabling society to return to first principles. As opposed to the beliefs of Article V opponents, this first principle of the American Revolution, is, per James Wilson, “Not a principle of discord, rancor, or war; it is a principle of melioration, contentment and peace.”
Article V institutionalized and legitimated peaceful revolution.
Somewhere along the way, our revolution took a wrong turn. Over time, two great depositories of despotism wormed their ways into our national governing form, the Administrative State and Scotus.
Regular readers of Article V Blog are familiar with squibs in which I place the blame squarely on the 17th Amendment. The 17A, ratified in the name of ‘progress’, kicked the corrupt states out of the senate and replaced them with at-large, statewide representatives of the good and pure people, or so the storyline went. As it worked out, Senators no longer responsible to their corporate states no longer defended the 10th Amendment. From this error, popularly derived Senators breezily consent to social justice judges, most of whom would rather do away with the states. FDR’s legacy wasn’t just the New Deal and winning WWII; it was Progressive domination of the third branch of government enabled by the 17th Amendment.
Our judiciary regularly usurps Article V. On its own, Scotus legitimated social justice and amends state and national Constitutions at-will.
Of course, as per Article V opponents, if Congress did its duty, it could eradicate both the Administrative State and de-nut a Scotus so full-of-itself, that it would, if it could
(Excerpt) Read more at articlevblog.com ...
Peaceful? That would take a miracle.
The simple solution is to repeal the 17th Amendment to the Constitution. Each State then says their duly elected Senators will serve out their terms whereupon, the State Legislatures elect Senators who will have one job, and one job only, to protect the interest of their Sovereign State. Failure to do your job will result conviction in the court of public opinion followed by instant recall.
The not so simple solution involves getting 34 States to agree to a gathering to propose amendments, to a document no one is giving much attention to as it is. To ratify amendments, requires four more states to be involved. Why not the simple solution, and avoid any risk associated with large groups of humans engaged in an effort to reach consensus, when consensus was reached in 1789.
Your simple solution is highly unlikely.
First you have to get someone in congress to propose an amendment to repeal the 17th Amendment.
Has anyone done that? I really doubt that anyone will.
Then you have to get both houses of congress to vote on the amendment and it has to pass by a 2/3rds majority.
Do you really think that 2/3rds of the sitting senators are going to vote to put their fate in the hands of their state legislatures? Particularly Democrat senators that come from states with Republican legislatures.
It is not even remotely possible. The only way to reform our government peacefully is a Convention of the States.
Great post, Jacquerie. BUMP!
From Frederic Bastiat’s “The Law”...
A Just and Enduring Government
If a nation were founded on this basis, it seems to me that order would prevail among the people, in thought as well as in deed. It seems to me that such a nation would have the most simple, easy to accept, economical, limited, nonoppressive, just, and enduring government imaginable — whatever its political form might be.
Under such an administration, everyone would understand that he possessed all the privileges as well as all the responsibilities of his existence. No one would have any argument with government, provided that his person was respected, his labor was free, and the fruits of his labor were protected against all unjust attack. When successful, we would not have to thank the state for our success. And, conversely, when unsuccessful, we would no more think of blaming the state for our misfortune than would the farmers blame the state because of hail or frost. The state would be felt only by the invaluable blessings of safety provided by this concept of government.
It can be further stated that, thanks to the non-intervention of the state in private affairs, our wants and their satisfactions would develop themselves in a logical manner. We would not see poor families seeking literary instruction before they have bread. We would not see cities populated at the expense of rural districts, nor rural districts at the expense of cities. We would not see the great displacements of capital, labor, and population that are caused by legislative decisions.
The sources of our existence are made uncertain and precarious by these state-created displacements. And, furthermore, these acts burden the government with increased responsibilities.
The Complete Perversion of the Law
But, unfortunately, law by no means confines itself to its proper functions. And when it has exceeded its proper functions, it has not done so merely in some inconsequential and debatable matters. The law has gone further than this; it has acted in direct opposition to its own purpose. The law has been used to destroy its own objective: It has been applied to annihilating the justice that it was supposed to maintain; to limiting and destroying rights which its real purpose was to respect. The law has placed the collective force at the disposal of the unscrupulous who wish, without risk, to exploit the person, liberty, and property of others. It has converted plunder into a right, in order to protect plunder.
Your simple solution is highly unlikely
I agree 100%.
...and for the reasons you state, I reject COS as an alternative. The Congress is so far gone, they will do all in their significant power to derail ANY attempt to curb their significant power even if by some means we reach 34 states to request a call.
It will take the same type of miracle that took place during the first revolution, to win the battle of restoration in our day or sometime in the future.
The only way the congress could stop an Article 5 convention is to ignore the Constitution, not that they have not done that before, but this would be blatant.
on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments
If things reach the point of 34 states having called for an Article 5 convention I think the Congress would be quaking in their boots and would be too afraid of the consequences at the ballot box not to follow through with calling a convention.
Their most likely chance of success in subverting the goals of the convention would be to get themselves or a crony on their state delegation.
Faith in our institutions is fast failing. We are in dangerous waters.
“Their most likely chance of success in subverting the goals of the convention would be to get themselves or a crony on their state delegation.”
Rules governing the process would be one of the first items the Convention would deal with after States decided who would be delegates, an opportunity mainstreamers, and democrats will be well aware of. Your scenario offers delicious opportunity for those wishing to be power players/bad actors.
No one should feel in todays world the call for a convention is a completely safe and benign activity.
IMO, there’s one more ‘need’, aside from repealing the 17th:
Adding in an Amendment that requires all Fed. spending to be paid by each State/territory, based upon their population.
Think that would keep the ‘arm twisting’ (kick-backs), Bridges to Nowhere, etc. to NIL. States and legislatures will start looking at the bottom line.
Here, for instance the Indiana Law governing delegates.
As millions and millions of citizens wake up and go about their daily routines, there is a tremendous normalcy bias in the republic. For that to be swept aside, an enormous event would have to take place - otherwise boiling frogs we are becoming.
We are in dangerous waters.
The corrupt have major assets in their favor and at their disposal.
Thanks for your work/effort on the most credible avenue for positive change.
BUMP!
Yes, let ‘em feel the heat.
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