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Saturday, February 15, 2014

Article V Constitutional Convention of the States

Rather than calling a convention for a specific amendment, Citizens for Self-Governance (CSG) has launched the Convention of the States Project to urge state legislatures to properly use Article V to call a convention for a particular subject—reducing the power of Washington, D.C. It is important to note that a convention for an individual amendment (e.g. a Balanced Budget Amendment) would be limited to that single idea. Requiring a balanced budget is a great idea that CSG fully supports. Congress, however, could comply with a Balanced Budget Amendment by simply raising taxes. We need spending restraints as well. We need restraints on taxation. We need prohibitions against improper federal regulation. We need to stop unfunded mandates.

A convention of states needs to be called to ensure that we are able to debate and impose a complete package of restraints on the misuse of power by all branches of the federal government.

What Sorts of Amendments Could be Passed?

The following are examples of amendment topics that could be discussed at a convention of states:

  • A balanced budget amendment
  • A redefinition of the General Welfare Clause (the original view was the federal government could not spend money on any topic within the jurisdiction of the states)
  • A redefinition of the Commerce Clause (the original view was that Congress was granted a narrow and exclusive power to regulate shipments across state lines--not all the economic activity of the nation)
  • A prohibition of using international treaties and law to govern the domestic law of the United States
  • A limitation on using Executive Orders and federal regulations to enact laws (since Congress is supposed to be the exclusive agency to enact laws)
  • Imposing term limits on Congress and the Supreme Court
  • Placing an upper limit on federal taxation
  • Requiring the sunset of all existing federal taxes and a super-majority vote to replace them with new, fairer taxes

 

Of course, these are merely examples of what would be up for discussion. The convention of states itself would determine which ideas deserve serious consideration, and it will take a majority of votes from the states to formally propose any amendments.

The Founders gave us a legitimate path to save our liberty by using our state governments to impose binding restraints on the federal government. We must use the power granted to the states in the Constitution. 

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