The 2nd Law of Thermodynamics states that, without external influence, everything in nature moves towards disorder. Put another way: without maintenance, all systems eventually fail. Power lines fall, engines seize, and republics collapse.
Our founders understood that principle better than we do. They designed the Constitution around a system of layered checks and balances, to give us the tools to maintain our republic.
The three branches of our federal government have separate enumerated powers, to hold each other accountable for constitutional compliance. The states had legislative and amendment power over the federal government, to defend federalism. Finally, we have electoral power, to impose our will on all of it. But when the tools stay in the tool chest, the car will break down – sooner than later.
The legislative branch has squandered most of its tools. The impeachment tool has been broken by political polarization – politicians representing their party rather than their country. The appropriations tool has been broken by corruption, fraud, judicial interference, and laziness. In the age of “we must pass it, to see what’s in it,” Congress passes multi-trillion dollar omnibus spending bills, with little or no debate about their contents.
The executive toolbox is looking pretty empty too. Presidential appointments are hamstrung by filibusters and “blue slips.” Law enforcement is undercut by judicial interference and illegal sanctuaries. Management of the executive branch has been limited by independent agencies and civil service labor contracts.
The judicial toolbox is completely devoid of anything useful. Our Article III branch of government had one tool – its integrity. That power has been squandered by judges using “creative” opinions to claim authority over appropriations, legislation, enforcement, national security, and our electoral choices.
The voters are still trying to maintain the republic by going to the polls every two years, but their efforts to tune-up the federal government are increasingly ineffective. Gerrymandering, dark money propaganda, election tampering, and judicial nullification have made elections an unreliable representation of the people’s will.
But I’d like to talk about the maintenance tools owned by the 50 states.
The founding fathers created the Senate so that the states would be represented in the legislative process. It was intended that the states would have a voice to represent their interests in matters of land rights, commerce, border control, reciprocity, and etc. But the states threw that tool in the trash bin when they ratified the 17th Amendment.
When Senators become elected rather than appointed by state legislatures, they began representing the interests of the voters, rather than their home states.
Representing the interests of the people is not a bad thing, but the House of Representatives was already provided for that purpose. With the 17th Amendment, the Senate became another House, with fewer members. Any consideration of state sovereignty has been lost in the legislative process, and the 10th Amendment (Powers to the States or to the People) has become irrelevant. Federalism has increasingly become a thing of the past.
But the states still have one dusty tool at the bottom of their tool chest, which has gone unused for 237 years – the 2nd clause of Article V. It empowers the states to initiate the amendment process, via a convention of states, without Congressional consent.
The convention process allows the states to bypass Congress, and propose amendments to the Constitution, for subsequent ratification. Constitutional amendments have the power to
- Reestablish state rights,
- Constrain federal spending,
- Enhance federal accountability,
- Protect individual rights,
- Overturn “creative” judicial decisions, and
- On, and on, and on.
The 2nd clause of Article V is the ultimate external influence over federal behavior necessary to keep our republic functioning as a well-oiled engine of freedom and prosperity, rather than another discarded experiment in the trash-bin of history.
Just 34 states can pull that rusty Article V tool out of the chest and start an overdue tune-up on the federal government – by passing resolutions calling for a convention.
But a convention of states is only a forum for debate, free from the influences of Washington D.C. State appointed commissioners assemble to debate the issues facing our republic and propose solutions. But the products of an Article V convention are only proposals, not amendments. We remain safe from radical departures from founding principles by the high bar of ratification.
For example: It is unlikely that a convention would propose any amendment infringing on our 2nd Amendment rights. With 29 states already respecting Constitutional Carry, the chances of 38 states ratifying curtailment of the right to bear arms is well below “unlikely.”
So far, only 19 states have taken their Article V tool out of the chest and oiled it up – by passing a convention of states resolution. 31 states continue to cross their fingers and hope the greatest engine of freedom and prosperity the world has ever known, continues to sputter along for a few more years without oil.
Unfortunately, my home state of Idaho is one of the states with its fingers crossed. But it has a chance to join the 19 ready to roll their sleeves up and get to work, during this year’s legislative session. We’ll see if this is the year it decides some maintenance is called for.
Author Bio: John Green is a retired engineer and political refugee from Minnesota, now residing in Idaho. He spent his career designing complex defense systems, developing high performance organizations, and doing corporate strategic planning. He is a contributor to American Thinker, The American Spectator, and the American Free News Network. He can be reached at greenjeg@gmail.com.
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