“By the fifth article of the plan, the Congress will be obliged on the application of the legislatures of two-thirds of the States, to call a convention for proposing amendments, which shall be valid, to all intents and purposes, as part of the Constitution, when ratified by the legislatures of three-fourths of the States, or by conventions in three fourths thereof.” – The Federalist Papers
Many politicians run campaigns promising to drain the Washingtonian swamp that is the federal government. Few have succeeded. Most, instead, quickly succumb to the seductive effects of Potomac Fever, a disease that can only be cured with more federal largesse. And since the excessive power of the federal government is unlikely to be corralled by the agents of the national regime, it is the collective duty of the independent states to attempt to wrestle it back.
When the Founders set out to prepare a constitution to replace the Articles of Confederation, they understood the complexities of uniting several disparate states under one umbrella. Thus, by incorporating a system of checks and balances, the Founders were wise to give the states their own rein on federal overreach. Since the Constitution would need to be amended over time, it not only provided avenues for both national and state legislators but required a considerable consensus in the hope to restrain the whims of politicians from constant revision.
Established under Article V of the Constitution, amendments to the charter can be brought in one of two ways. First, by a two-thirds vote in each house of Congress, with three-quarters of the states, 38, to ratify. Secondly, at the request of two-thirds of the state legislatures, or 34 states, to be convened by Congress, with three-quarters, or 38 states, needed to ratify. The Constitution was originally approved in 1788. The Bill of Rights followed in 1791 and contained the first ten amendments. By 1992, another 17 would be added. All additional Amendments to the Constitution came through the US Congress, the first of the options provided by the Constitution.
The Founders fearing that the federal government would exceed their limits had a backup plan that gave amendment power to the states. By a resolution of 2/3rds of the state legislatures, a Constitutional Convention of the States would be called. At that time, Congress must convene a meeting where a delegate from each state shall be named. With one vote per state, a majority is needed for an Amendment to succeed. Ratification of three-fourths, or 38, is needed for the proposed Amendments to become a permanent part of the Constitution.
Potential amendments for consideration at the Convention of States are numerous and would presumably act to limit the scope of the federal government. These amendments may include securing the Electoral College, limiting SCOTUS judges to nine to avoid court packing, right-to-work protections, and term limits for both members of Congress and federal officials. Amendments that might require more persuasion could include protection of the unborn, a plan for individual state secession, the abolition of the federal income tax, and a return to the appointment of Senators by state legislatures and not by popular vote.
To sway the public toward the ratification of the pending Constitution to the United States, three statesmen: Alexander Hamilton, James Madison, and John Jay prepared a series of 85 articles called “The Federalist Papers”. Published in 1787 and 1788, these essays appeared under the name Publius, a pseudonym used to hide their identities. Today, the Federalist Papers serve as an important reference to interpret and explain the founding principles of the government.
The outcome of the upcoming 2022 midterm elections and the Presidential election of 2024, may provide an opportunity for a Convention of States. With Republicans currently in control of 30 of the state’s legislatures, and three states with split legislatures, a swing in a few states could make a meeting possible.
Most Americans agree that the federal government has far exceeded its original limits. With federal officials unlikely to cede that power, a Convention of States may be our best option. We can only hope the designated participants will be ready to exercise their Constitutional privileges.
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