According to Citizens for Self-governance, Article V of the US Constitution is the only article of seven unanimously passed by the Constitutional Convention without any opposition. The second part of Article V was only inserted into the document two days
According to Citizens for Self-governance, Article V of the US Constitution is the only article of seven unanimously passed by the Constitutional Convention without any opposition. The second part of Article V was only inserted into the document two days before the signing when Virginia delegate George Mason pointed out that the current plan only allowed Congress to propose amendments.
Mason’s fear was that government may become oppressive as it had under King George, “No amendments of the proper kind would ever be obtained by the People.” As a result of Mason’s speech, the delegates unanimously voted for an additional means of amending the Constitution.
Most people are probably not familiar with the second procedure, part B, if you will, because it has never been done before. All 27 amendments to our Constitution were proposed and voted on by Congress and accepted by three-fourths of the states.
Part B of Article V allows us to call a Convention of States (www.ConventionofStates.com) for the purpose of amending the Constitution and returning power back from Washington, D.C. to the states. This was the founders gift to the people, a Constitutional way to save the Republic, a “fire alarm” perhaps for just such times as these.
Two-thirds of the states must pass a resolution calling for the convention and eight states have already done so. Delegates selected by the states would then propose amendments, which, if passed by the convention, would go back to the states for ratification. The subject matter for the proposed convention now underway is limited to amendments that: 1) impose fiscal restraints on the federal government; 2) limit the power and jurisdiction of the federal government; and 3) limit the terms of office for its officials and for members of Congress. This strict verbatim limitation of subject matter, which is a part of every resolution passed by the states, prevents opening the entire Constitution up to a rewrite or for repeal of the Bill of Rights. It is not like Hawaii’s Con/Con.
We have lost checks and balances, separation of power and especially the rule of law, so essentially our Constitution is being amended all the time anyway by unconstitutional legislation and the over-reach of the executive and judicial branches.
One presidential candidate has recently proposed supporting congressional term limits. Nice idea, but Congress will never vote to reform itself. Unfortunately, the actuality is that even well-meaning people go to Washington believing it to be a cesspool only to discover it’s a hot tub! Congress today is a millionaire’s club.
Our founders certainly never envisioned career politicians. They believed ordinary Americans would go to Congress for a few years representing their communities, and then return to civilian life with a continual rotation of ordinary citizens serving in the government for the benefit of their country. It’s time to return to this thinking.
As citizens of a free republic it is our duty to preserve it. If you would like to take a free online course on the US Constitution go to: www.freeconstitutioncourse.com.
Mikie Kerr is a Constitution enthusiast who lives in Waikoloa and writes a monthly opinion column for West Hawaii Today.
