Monday, October 4, 2010

Constitutional Convention

Is a constitutional convention the answer?

            Article V of the Constitution provides for a Constitutional Convention for proposing Amendments to the Constitution if two thirds of the State Legislatures call for it.  That is 34 State Legislatures.  (Article V appears at the end of this posting).  Governors of 35 States have filed suit against the Federal Government for imposing unlawful burdens upon them.  It is about time that the States and people stand up and demand a Constitutional Convention amending the Constitution.  Note, although only 34 States are required to call a Convention 38 States are required to ratify any Amendments proposed by the Convention.

            Wouldn’t this be a good goal for the Tea Party movement?

            This could be a major undertaking because our Federal Government is so complex, so out of control and is failing to represent the people,  however, the Convention could select the order in which they addressed the issues selecting the clearer ones first so that they could be presented individually to the States while the Convention was still in session.   
            I would like to propose several avenues that should be examined if such a convention was formed. They are listed below.  However, I will propose in future postings specific Amendments that provide specific points of discussion.

1.     We have runaway spending by the Presidency and Congress.  Both parties are at fault.  This spending must be reined in by a better taxation system and by enacting a balanced budget amendment.
2.     Amendment 10, a part of the Bill of Rights, delegates to the States and the people all rights not prohibited by the Constitution.  This has been abused in many ways over the last 50 years or so.   New Amendments are needed to return the power to the States that has been abrogated by the Federal Government.
3.     Amendment 4, a part of the Bill of Rights, gives the right to the people to be secure in their persons, houses, papers and effects.  Again, this right has been slowly eroded over the years and needs to be restated in a manner that protects the people in view of new technology, which has the potential to spy on us even within our home.
4.     Along the same vein, many laws restrict what we can do or cannot do within our own homes these restrictions are a violation of the 4th Amendment.
5.     Congress has abused its privileged position by providing for itself  rights, perks, retirement benefits, etc, that it denies to the people.  Several Amendments or a multipurpose Amendment are required to correct these abuses.  For example, term limits and Congress shall have no benefits not available to all and retirement pay for Congress begins at 65 years and is fashioned after the Social Security system.
6.     We spend billions of dollars overseas given to other nations money that could be better used here in the United States.  This must be addressed.
7.     George H W Bush, George W Bush and Barack Obama have and are improperly using our military in Iraq Afghanistan and elsewhere.  The mission of the Military in today’s environs needs further examination.
8.     As a last point, although I suspect that others will rear their heads, for example I read today that Obama care will be forming 160 new Commissions and Bureaus. Do we need them, what will be their jobs and how many.  We need a commission to examine and recommend to the Convention changes in the size, functions, budgets and personnel levels of the entire Federal Government.
Article V
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

1 comment:

  1. I agree with the Constitutional Convention . We all know that the congress and house will never restrict their ability to do as they please by themselves. The question is how do you get 34 States to take on this challange?