So, not surprisingly, many persons and groups holding power
oppose an Article V convention. How have they brainwashed Americans to
fear such a convention? They fostered the image of a “runaway
convention†– something to fear on a par with fears of a physical
attack on the nation by foreign enemies or terrorists. How could
something placed into our Constitution to thwart an ineffective federal
government be turned on its head to become such a feared threat?
Clever
people grasped onto a historical fact and extrapolated it into a
phantasy nightmare. In fact, the nation’s first and only
constitutional convention was a runaway. Rather than do what had been
planned for it – namely to modify the Articles of Confederation that
first tied the states together – the state delegates constructed what
we have for over two hundred years worshipped: the U.S. Constitution.
Those rascal Framers created a strong federal government that not
everyone at the time wanted. The anti-status quo guys won.
Backstage
power brokers have never wanted another convention that might change
the political system they expertly corrupt and control. They made
people believe that a convention could destroy their cherished,
constitutionally protected rights and freedoms. Or, equally bad,
strange amendments would overturn the structure of our federal
government and throw the nation into chaos and destroy our lauded
political and governmental stability.
Is there any supporting
evidence for fearing an Article V convention? No. To the contrary,
there are solid reasons for demanding it.
First, there have
been many state constitutional conventions and a huge number of
amendments to state constitutions. Look around. Our states and their
governments have not been ruined. Conventions were not hijacked and
turned into weapons. And the first national constitution convention
was hugely successful, even if it was a runaway, telling us that the
good is the enemy of the better.
Second, the requirement that
three-quarters of the states must ratify any specific amendments
produced by an Article V convention provides a safety net. This is
such a high hurdle that it is crazy to believe that truly awful
amendments could ever become permanent changes to our Constitution.
Anyway, when an amendment not worthy of retaining has happened, it was
fixed through another amendment.
Third, the nation’s first
Article V convention would be so unique and of such historical
significance that in our modern age of media and Internet communication
there would be a solar-bright light on all its activities, from the
election of state delegates to their debates and final amendment
proposals. In fact, this temporary fourth branch of our federal system
would be under more public scrutiny and less susceptible to corruption
than our present, permanent branches of government.
Fourth, we
should reject the indirect way of changing our constitution, namely
through interpretations and judgments by those few non-elected,
political appointees that serve on the Supreme Court. Plus, as
President George W. Bush has demonstrated, a runaway CEO of our nation
along with an ineffective Congress can take big bites out of our
constitutional rights and protections and suffer no consequences.
Fifth,
while it is true that we have had considerable political and
governmental stability, we have paid a heavy price for it: namely a
permanent culture of corruption, lying and deception that have danced
around our constitutional protections and riddled American democracy
with hypocrisy. Too much stability has turned our democracy into a
plutocracy and a convention could consider remedies.
Sixth, the
majority of Americans are independents, not loyal Democrats or
Republicans, and only an Article V convention offers a truly
independent route to addressing intransigent root problems that the
political system under two-party control has allowed to fester.
Seventh,
the congressional experience with proposing amendments has shown that
though many may be considered, few survive. Over 11,000 have been
considered by Congress, but only 33 reached the ratification phase, and
only 27 were ratified – very few in the last 100 years. [The last
amendment was finally ratified in 1992 – 203 years after it was first
proposed by Congress!] Why should we think that a convention would
agree on a huge number of amendments? With all America watching,
delegates that know their states would focus on a few critical
amendments likely to be ratified.
Lastly, what about that
semi-secret group that was created to block attempts to amend our
Constitution? Few know about The Constitution Project (
www.constitutionproject.org),
“that urges restraint in the constitutional amendment process.†It was
formed in 1997 to “oppose the facile rewriting of the U.S.
Constitution.†They fear “unthinking tinkering with fundamental rights
and liberties†– actually, amendments on social and fiscal issues from
conservatives. It has been funded by The Century Fund, a liberal
group. The nearly 70 members in the constitutional amendments
initiative are true status quo elites. Many were members of Congress
or presidential appointees. They produced guidelines for evaluating
possible amendments that, as discussed in “The Second Constitutional
Convention†by Richard Labunski, were formulated to defeat attempts to
amend the Constitution.
On the political right, the John Birch
Society has consistently pushed the Big Runaway Lie and said the
“prospect [of a convention] is ominous.†“We do not believe that,
under today’s mentality and morality, the nation can handle that much
sovereignty in one place.†To support their position, they cite
elites: Conservative U.S. Supreme Court Chief Justice Warren Burger
said “there is no effective way to limit or muzzle the actions of a
Constitutional Convention. The Convention could make its own rules and
set its own agenda. Congress might try to limit the Convention to one
amendment or to one issue, but there is no way to assure that the
Convention would obey.†Liberal Supreme Court Justice Arthur Goldberg
said “one of the most serious problems Article V poses is a runaway
convention. There is no enforceable mechanism to prevent a convention
from reporting out wholesale changes to our Constitution and Bill of
Rights. …delegates could put a runaway convention in the hands of
single-issue groups whose self-interest may be contrary to our national
well-being.†Ardent right-wingers admire what a joint congressional
resolution said in 1935: "The government of the United States is not a
concession to the people from some one higher up. It is the creation
and the creature of the people themselves, as absolute sovereigns."
Yet, they do NOT trust we the people to exercise our sovereignty and be
smart enough to make a convention work in the public interest!
There
are, luckily, pro-convention advocates. Listen to the wise words of
Judge Thomas Brennan, former Chief Justice of the Michigan Supreme
Court and Dean Emeritus and President of Thomas Cooley Law School in
Lansing, Michigan: “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.†Amen.
Despite the truth, opponents to an Article V
convention have successfully framed the issue in the public
consciousness. A highly negative status quo bias belief has been
cemented into many minds – but not everyone. Even when confronted with
pro-convention information, brainwashed people fall victim to the pain
of cognitive dissonance. The truth is blocked out to minimize
discomfort. They stay fixated with the implanted Big Runaway Lie that
a convention will harm the nation. For those that let in objective
reality, angry dissent must fuel demand for one.
Where do we go
from here? If respect for our Constitution and our sovereign selves
prevails, pro-convention patriots must work extra hard to move the
nation towards an Article V convention. The first battle is to get a
convention. The second challenging battle is to prevent a convention
from being abused and co-opted by the power elites that would be out
for blood after failing to prevent a convention. A high level of
public support is critically needed to win both battles. To win the
first battle, the smart strategy is not to let people become
sidetracked about specific possible amendments. Those who have
fostered the Big Runaway Lie will surely posit some terrible possible
amendments – ones that would immediately frighten and alienate huge
numbers of Americans. Public fear is their weapon.
Back to
reality: What we now have, along with runaway public distrust of
government, is runaway political disengagement as evidenced by low
voter turnout, runaway disgust with both the Republican and Democratic
Parties, runaway economic inequality, runaway corruption of government
by corporate and other special interests, and runaway mainstream media
dysfunction – a corporate press more than a free press. The only thing
Americans should fear is more of the same.
Can people purge
their brainwashing? Only if they confront the false status quo bias
belief and acknowledge that power elites did it to maintain a system
they manipulate. To be against a convention is to stay a victim. Let
the truth set you free. Do not fear the second American constitutional
convention. Embrace it. Do not worry about a convention being
hijacked. Instead, stay focused on this ugly truth: America has
already been hijacked by corporate and other special interests on the
left and right, along with their sycophant corrupt politicians. Stay
vigilant! Because power elites will use every dirty trick imaginable
to instill fear about a convention and then to undermine it, should
they lose the first battle.
Come work for an Article V
convention to reboot American democracy and provide a transfusion into
the body politic through a heavy dose of transparent direct
democracy. Help the USA remain committed to the rule of law. Compel
Congress to respect what is clearly stated in the Constitution, and the
meaning of “shall.â€
The Supreme Court decides whether laws
passed by Congress are or are not constitutional. But it refuses to
tell Congress and the nation that Congress’ refusal to call an Article
V convention is unconstitutional. What happened to checks and
balances? Maybe Supreme Court Justices have also been brainwashed, or
like members of Congress don’t want to risk losing their power.
The
bitter truth is that literally every individual, group and institution
now holding real power opposes a second national constitutional
convention. Does that make the quest for a convention futile? Only if
one gives up on the supermajority of Americans that should, for their
own sake and the sake of future generations, want a convention.
Elitists have much to lose. Everyone else has much to gain.
The
fight for American democracy is not over. Our Founders fought British
oppression and now we must fight congressional oppression. Can
nonviolent collective action produce an Article V convention? Only if
each of us says “yes!†And then help spread an idea virus to reach a
tipping point among we the people: Millions of Americans must tell
state legislatures and congressional delegations they demand a
convention. Tools may include citizen state petitions on the Internet
and thousands of community meetings arranged through meetup.com. Such
activities and a convention itself would provide what many believe the
Framers intended to create: a deliberative democracy.
On the
occasion of the 200th anniversary of the Constitution, esteemed
political scientist James MacGregor Burns, warned that “major changes
will not be made until there is a severe crisis – at which time we
might open the floodgates to reckless constitutional change.†Instead,
he advised taking thoughtful action now. “We must all become framers,â€
he advised.
To keep working on the goal of forming “a more
perfect Union,’ and as a political necessity and a moral obligation, we
OUGHT to have a second national constitutional convention – which means
we the people CAN have one. Simply put, an Article V convention is all
about “power to the people.†Either you believe in it or you don’t.
The people who created our nation and Constitution believed in it.
They gave us Article V. Our elected MISrepresentatives in Congress and
their masters don’t believe in it. They won’t willingly give us a
convention. We have a runaway Congress. That’s what’s frightening.
And that’s why we must fight for a convention.
[The author’s new
book Delusional Democracy – Fixing the Republic Without Overthrowing
the Government supports constitutional conventions and other peaceful
ways to restore American democracy:
www.delusionaldemocracy.com. To join the pro-convention effort or discuss issues write the author: articlev at gmail dot com]