A Constitutional Convention Can Do …What?

Would a Constitutional Convention fix our constitutional problems?

The tiny percentage of us who’ve actually read any constitution, federal or state, know very well that all levels of our government operate in violation of these proven, fundamental, once-cherished and now-ignored laws.

So it’s no surprise that most of us sense a problem with the state of our union.  It’s similarly predictable that most of us misdiagnose the problem and then promote bad ideas as a cure.

But this problem of ungoverned government (a.k.a., anarchy) isn’t that our politicians are “out of touch.”  Far from it.  The problem is that our politicians represent us perfectly. 

We The People have completely violated “the supreme Law of the Land” at every level – federal, state, local and personal.  A constitutional convention now would only muddle matters with more laws written by lawbreakers in a society that has no respect for law. 

The real cure is to snap out of this madness, read the law and obey it as written:

The federal constitution’s tenth amendment decrees that “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”  So whatever power isn’t specifically delegated in the constitution is completely denied. 

All state constitutions say something similar.  The Indiana constitution’s Article I, Section 25 says, “No law shall be passed, the taking effect of which shall be made to depend upon any authority, except as provided in this Constitution.”  In other words, not even legislation can create authority; only constitutions do that.

No constitution was ever amended to authorize most of what governments now do to citizens.

Even the Texas Constitution, the longest and worst (due to “runaway” amendments and usurpations some claim never happened and couldn’t happen in a new constitutional convention), obviates the need of any new laws in its Article I, Sec. 29: “To guard against transgressions of the high powers herein delegated, we declare that everything in this ‘Bill of Rights’ is excepted out of the general powers of government, and shall forever remain inviolate, and all laws contrary thereto, or to the following provisions, shall be void.” 

Nullification of anything unconstitutional is already law in every state of the union. 

Let us pray that we do this soon, before somebody invokes Article 10 of the New Hampshire constitution: “…whenever the ends of government are perverted, and public liberty manifestly endangered, and all other means of redress are ineffectual, the people may, and of right ought to reform the old, or establish a new government. The doctrine of nonresistance against arbitrary power, and oppression, is absurd, slavish, and destructive of the good and happiness of mankind.”

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  1. Thank You Mr. LeMunyon for Constitutional Truth

    Joel S. Hirschhorn

    For those of us advocating the first-time use of the Article V convention option in the US Constitution it seemed like heaven-sent blessing that the Wall Street Journal the other day published an oped article by Virginia state legislator James M. LeMunyon, a Republican. The headline conveyed the key message: A Constitutional Convention Can Rein in Washington.

    Okay, it would have been much preferred to avoid using the term constitutional convention and, instead, use Article V convention, because the language in Article V clearly limits a convention to amendments and prevents a wholesale rewriting of the constitution. Still, the article focused repeatedly on a most important theme that the public urgently needs to fully understand: There really is no remotely possible scenario of a runaway convention that would do terrible damage to the Constitution, either from the left or right. Thank You Mr. LeMunyon.

    LeMunyon did a masterful job of clarifying how the difficult job of ratifying any amendments proposed by a convention would have to get accepted by a large number of state legislative houses, with many controlled by Democrats and others by Republicans. Indeed, the state ratification requirement gives the safety net that sensible Americans must see as removing all fears of a damaging runaway convention. Why is this so important? Because convention opponents, mostly on the right, have for many years used the runaway convention argument to instill public fears about using the constitutional option of an Article V convention. It has made all those supposedly constitution-loving conservatives nothing more than constitutional hypocrites. With all their angry rhetoric about the many harms of the uncontrolled federal government they, nevertheless, have not seen what so many others, like LeMunyon, have seen: Using the Article V convention option is necessary to rein in Washington and all of the status quo corruption in the two-party plutocracy. Thank You Mr. LeMunyon.

    Rather than fear a convention of state delegates, people must fully appreciate that, as stated by LeMunyon, “Congress is in a state of serious disrepair and cannot fix itself.” Clearly Congress fears a convention, and what Congress fears we the people urgently need: the first Article V convention. The one major point not presented in the article is that, with over 700 applications from all 50 states, the one and only constitutional requirement for a convention has been met, but Congress has refused to obey the Constitution. So, state legislators like LeMunyon keep proposing new state legislation to submit still more applications for a convention. Until recently the whole historic set of state applications were not even made easily available for public scrutiny. Not by Congress or anyone else, until the nonpartisan Friends of the Article V Convention did so and made them available on their website.

    Regardless of all the sound information and arguments given by LeMunyon, his highly visible article has stimulated considerable negative, anti-convention writings on many right wing websites. This, despite the logic that there is so much more to fear and oppose than a convention. All this irrational and irresponsible fear-mongering merits careful thought. Exactly why do so many people who profess love and respect for the Founders and the Constitution keep opposing using what the Founders knew we would have to use when the public lost trust in the federal government? Why do these anti-convention people ignore what LeMunyon correctly noted? There have been hundreds of state constitutional conventions that did not wreck states.

    The baseless harangues by anti-convention screamers only act to maintain the political status quo and perpetuate the fiction that elections can succeed in sending enough radically different people to Congress and the White House to really reform and fix our nation. These people want to preserve their own organizations as means to oppose and fix the political and government system. They want to protect and retain their own perceived power and influence. They have had enough time and failed. Now it is time to use the Article V convention option.

    Thank You Mr. LeMunyon for making the case that only constitutional amendments have any hope of making systemic changes to fix the corrupt, inefficient and outright dysfunctional federal government. Power to the states!

    [Contact Joel S. Hirschhorn through delusionaldemocracy.com]

  2. several short cmnts.

    dream on.

    I wish.

    too many damn lawyers.

    by laws and legislation, we try to replicate the 10 commandents in 2 trillion words.

    the electorate is too lazy to read anything, much less try to understand it.

    we maximize the results of our low expectations.


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