By the plain words of Article V, the people of three-fourths of the
states can amend the Constitution of the nation. Speaking either
through their state legislatures or through state ratification
conÂventions, the people of the fifty states, counted state by state,
are the ultimate sovereign authority by which the federal Constitution
is amended. But the right and the reserved power of the people of the
states to pass upon constitutional amendments is hollow inÂdeed without
the prerogative of demanding an amendatory conÂvention to discuss,
refine, draft and propose amendments. … There is no danger of a runaway
convention. That phrase, ‘runÂaway convention’, and all the
accompanying horror stories about repealing the Bill of Rights are
utterly without substance. They are myths, harmful to democracy,
invented by those who are afraid to let the people exercise their
historic and God-given right to self government.â€
There is a widespread misperception that only applications
seeking the same amendment can be counted. This is dead wrong. No such
thing is said or implied in Article V. A little thought and it becomes
clear that our Founders knew that requiring states to specify what they
wanted to amend could cause Congress to oppose the change and ignore
the states’ request. And doing do would stifle debate on possible
amendments among state delegates – the same kind of debate that
Congress now enjoys.
Of course, Congress has done just that –
totally ignored the constitutional requirement to call a convention. So
many people find this incredulous that they fall prey to incorrect
justifications for this congressional inaction. Clearly, Congress has
wanted to keep all the power when it comes to defining possible
amendments to our Constitution. This only proves the wisdom of our
Founders, who created the alternative convention path because of their
concern that the federal government could grow too powerful and ignore
the true interests of we the people. Just what has happened.
An
Article V convention is a constitutionally mandated form of direct
democracy that now is more sorely needed than ever. The presidency of
George W. Bush has revealed how the constitution can be twisted. The
corruption of Congress by corporate and other special interests has
created the “two Americas†you have so boldly talked about.
Many
may wonder how Congress could have gotten away o long with violating a
clear constitutional provision. One reason is that federal courts have
not acted. A petition to the Supreme Court failed. In other words, the
judicial branch decided that it would not force Congress to comply with
OUR Constitution. What’s left?
The Executive Branch must come to
the rescue. Now is the time for you sir to boldly say that if elected
President of the United States of America and having sworn to defend
and uphold the Constitution that you would use the full force of the
presidency to demand Congress call a convention. There is little to
fear from an Article V convention, while there is much that it might do
to put America on a better track with a stronger democracy.
Now
is the time for all good Americans to come to the aid of their
constitutional republic. Let you, presidential candidate John Edwards,
take the initiative by becoming the first presidential candidate to
take a stand on this issue. Please defend OUR Constitution. Do we
really have a country where the rule of law is sacred?
If as you
say “tomorrow begins today,†then please begin the national movement
for an Article V convention to make a better tomorrow for we the
people. Your courageous stand could compel the new Congress to hold
hearings on this issue. Let those who believe in totally ignoring
Article V and the states’ and the public’s right to a convention
testify publicly and try to defend their position. I await your reply.
The country awaits your leadership.
[Many sources of information on the Article V issue are on
www.article5.org.
Known as Democracy’s Mr. Fix It, Joel S. Hirschhorn is the author of
Delusional Democracy – Fixing the Republic Without Overthrowing the
Government;
www.delusionaldemocracy.com.]