The other amendment procedure prescribed in Article V has never before been used successfully. The process requires 334 states calling for a constitutional convention. In 1987, 32 states had passed resolutions calling for a constitutional convention to consider a balanced budget amendment. If two more states had done likewise, Article V would have required Congress to call such a constitutional convention.
At that point the United States Constitution would be up for grabs and open to any and all changes. We can assume that there are those ready and waiting with their packages, containing their goals, of restructuring the American government under Article V of the Constitution.
The Constitution, which apparently not many of our elected officials have bothered to read, is the supreme law of the land. It does not make suggestions. It commands.
It is written in clear English. It has provisions to amend it, but it should never be amended by interpretation. There is ample authority. It does not need to be statutory, because it is constitutional authority.
Article 6 requires all state officeholders to “be bound by oath or affirmation, to support this Constitution”; this duty to support is affirmative.
If the state legislators involved were sincere in reinstating states rights under the Constitution, they would merely invoke the current 10th Amendment Sovereignty Resolution, which they passed in 1995 (Rights of the States or Citizens).
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the states are reserved to the states respectively or to the people.”
The states should refuse to obey mandates issued by the federal government that are out of bounds with the 10th Amendment. The problem is when the states take federal monies, they take federal control.
So wrote Justice O’Connor in the case of New York vs. the United States 112S.Ct.2408 (1992) (at pages 2,434 and 2,435 and headnote 18). According to this case, the states in their sovereign capacities are no longer “agencies” of the federal government; the shoe is on the other foot. The states are the principals, and the federal government is the “agent” of the states.
We need to keep abreast of this calling for a constitution convention. The legislators must be involved by picking up our present, unique Constitution, and start using it again to make sure that the states and the people’s freedoms are fully protected by keeping the Constitution’s doors locked.
I am convinced we would all be pleasantly astonished at the results.
Paul F. Double