Other than protesting, I have arrived at two things worth
putting my political faith in. And faith is exactly the right word.
They require devotion and commitment as an act of faith. There is no
way to prove that they will materialize or, if they did, that they
would deliver all that is needed. Yet, to keep putting faith in glib,
power-hungry politicians is plain nuts, based strictly on actual
history.
My first answer is third parties. At critical times
in American history third parties have come to the rescue and greatly
improved our nation. We need more political competition. We need some
third party to become competitive to Democrats and Republicans in
local, state and federal elections. Some party that does not advocate
fractious issues that divide, but rather presents a set of principles
that bring American dissenters together to collectively pursue
substantial changes in our political and governmental system.
Yet, third parties have not done well in recent decades, despite having
highly committed members, albeit in relatively small numbers. The
two-party duopoly has convinced most people to think of votes for
third-party candidates as wasted. And so in every election many – and
perhaps most – voters end up voting for the lesser evil Democrat or
Republican, and eventually regretting it. Many others reject placebo
voting. They have properly lost political faith.
My second
answer is less understood and just as undermined and sullied by the
two-party duopoly and other status quo defenders. It is to compel
Congress to obey Article V of the Constitution that says it “shall call
a convention for proposing Amendments†if two-thirds of state
legislatures apply for one. That numeric requirement is the ONLY
constitutional requirement for an Article V convention. Now, here is an
absolute truthful fact. Applications have been submitted from 50 states
– actually over 500 applications. An official with The John Birch
Society – one of the nations’s far, far right-wing groups – when
confronted with that fact said: “had we ever reached the requisite
number of state applications, a convention would indeed have been
called.â€
I could not believe that this anti-government,
pro-constitution group could actually have such faith in Congress. Or
was that just a fanciful excuse for opposing a convention?
Still, we must ask: Why has Congress not called an Article V convention? The answer is simple.
Both Democratic and Republican members of Congress have not wanted to
share the constitutional power to propose amendments with the states.
Institutionally, Congress has defied Article V to keep power. As
Russell L. Caplan noted in
Constitutional Brinkmanship:
“Congress has never kept regular track of incoming convention
applications, and there exists no official catalogue of the
applications adopted by the states since 1789.†Researchers have had to
dig through many documents to build an inventory of state applications
(see
www.article5.org).
While Congress has acted surreptitiously, many people and organizations
on the left and right have steadfastly and openly opposed an Article V
convention. What do they have in common with Congress? They want to
maintain the status quo that gives them ample opportunities to control
government. For decades they have successfully implanted fear into the
public consciousness. They especially like to talk about a “runaway
convention,†able to overturn our Constitution, destroy our democracy,
and rob us of our civil liberties and freedoms.
Indeed, at a
1998 House hearing on a bill to amend the Constitution, Republican
Charles T. Canady said: “The specter of a ‘runaway convention’ seems to
have been accepted by many as a convincing political argument.†In
1995, when both houses of the Virginia legislature passed a resolution
to limit Article V conventions, one reason cited was “many states are
reluctant to ask Congress to call a national convention for fear of
creating a ‘runaway convention’ that might undermine the delicate
constitutional framework the forefathers worked so hard to establish.â€
Yet some people see the truth. Writing in the
Wall Street Journal
in 1997, Roger Pilon of the libertarian CATO Institute made these
salient points about an Article V convention: “With Nebraska as the
only state with a unicameral legislature, it takes majorities in 75 of
the 99 state legislative bodies in America to ratify any change in the
Constitution. Looked at from the other direction, it takes only 13 such
bodies to block any change. …Are we really to believe that a runaway
convention could get its schemes past the public? Are there not 13
bodies in this land that would rise to block all but the most popular
of proposals? …By overwhelming majorities, averaging 75 percent,
Americans of every creed and color have come to understand that there
is something fundamentally wrong with a system that has resulted, under
modern conditions, in our being ruled year in and year out by a class
of professional politicians. That situation is neither healthy nor
right in a limited, constitutional democracy. Fortunately, the Framers
provided a way to do something about it, a way to make substantial
change while ensuring that our fundamental principles remain in place.â€
And Wendell Cox, speaking before the right wing American
Legislative Exchange Council in 1995, asserted that “concerns about a
‘runaway’ convention are entirely unfounded.†At the conservative
Heritage Foundation James L. Gattuso concluded in 1988 that “ there are
numerous political and restraints which make it virtually impossible
for a ‘runaway' convention to rewrite the Constitution against the
wishes of the American people.â€
The Framers gave us the
Article V convention option because they anticipated that the federal
government could become too powerful or just plain incompetent and
ineffective. Dissidents know this has happened. The government has
already been hijacked by all kinds of moneyed special interests and
corrupt politicians. An Article V convention is like a fourth,
temporary branch of the federal government – except that it is really a
production of the states aimed at improving the federal Constitution.
With enormous public and media attention its delegates would be far
more difficult to corrupt by special interests.
What must be
emphasized is that an Article V convention would have NO power to
change the Constitution or do anything else other than to propose
amendments that would have to be ratified by three-quarters of the
states.
John de Herrera recently summed it up nicely:
“Americans have been conditioned like Pavlov's dog to fear a convention
because of what might happen--that it would be some kind of Pandora's
box. But what the newspapers and politicians failed to mention is the
ratification process. They only told us half the truth, and as the late
great Ben Franklin mentioned, half the truth is often a great lie.â€
All kinds of people say totally stupid and wrong things to keep the
public afraid of a convention. Supreme Court Justice Arthur Goldberg, a
Democrat, wrote in 1986 that "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.†Wait a second! An Article V
convention can only make PROPOSALS.
In 1987
arch-conservative Phyllis Schlafly said: “If a constitutional
Convention can change our structure of government as defined in
Articles I, II, and III, it can also change the Article V requirement
that three-fourths of the states are needed to ratify any changes. The
Convention of 1787 reduced the number of states required to ratify a
change from 100% of the states to 75%, and a Convention in the 1980s
could ‘follow their example’ and reduce it further, to 66%, or 60%, or
even 51%.†Just that one stubborn problem: An Article V convention can
only make PROPOSALS!
On the positive side is how former
Attorney General Griffin Bell saw things: “Those who wring their hands
over the prospects of a convention run the risk of exposing their
elitism, implying that the average citizen cannot be trusted.†This
resonates with me. As certain as the law of gravity is, is that elitist
politicians cannot be trusted.
Another favorable view was
that “the convention mode seems preferable, in that it allows
amendments to originate with the people themselves, instead of only
permitting them to take or reject propositions originated by others
[Congress] not especially chosen for the purpose, and which might not
be precisely such as they would wish to either accept or refuse.â€
Abraham Lincoln said that in his first inaugural address.
It
comes to this: Be a proud dissident. Find a third party to believe in.
Take a good look at some new efforts: the Centrist Party (
www.uscentrist.org), the Populist Party of America (
www.populistamerica.com), and the Whig Party (
www.thephoenixchronicles.org).
Join the movement to make Congress obey the Constitution and call an
Article V convention that could safely re-energize and engage Americans
politically. The only thing to fear is that bipartisan lies about an
Article V convention will triumph. The job of making American democracy
is not done. Doing what our Founders anticipated we would have to do,
through a convention, is not the same as undoing what they did. They
had faith in us.
Thomas Jefferson was correct. A free people
have the right to alter or amend their government when they see fit.
Everyone believes in freedom, yet too many fall victim to phony
political faith healers. Dissidents keep the faith and want to practice
freedom themselves. Just like the people who created our nation.
[Check out the author’s new book:
www.delusionaldemocracy.com, and for more information on fighting for an Article V convention contact him at articlev at gmail at the usual dot com.]