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Put Washington’s Reach Up To a Vote (Mark Alspaugh Commentary)

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THIS IS AN OPINION

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Winston Churchill said it well: “If you have 10,000 regulations you destroy all respect for the law.” Yet the Federal Register of regulations continues to grow and now is over 80,000 pages.

The Constitution grants Congress sole authority to enact legislation. Yet, under cover of authority, the unelected federal bureaucracy is incentivized to manufacture countless rules and regulations that have the force of law and to do so without substantive congressional oversight or accountability.

Regulations are now costing American families on average $14,974 per year, according to the Competitive Research Institute, which gives the government an “Unconstitutionality Index” of 51 for 2013, when 3,659 final rules were issued while Congress passed only 72 new laws. Research by the American Enterprise Institute shows that since 1949, federal regulations have lowered real GDP growth by 2 percent annually and overall by 72 percent.

Add unsustainable debt, unending scandals, bureaucratic corruption, declining international stature, weakening defense posture and an ever larger federal government and we have a recipe for disaster.

It isn’t a partisan issue. Washington will never voluntarily relinquish meaningful power, no matter who is elected. The federal government will continue to bankrupt the nation, embezzle legitimate state authority and destroy the liberty of the people unless political forces outside Washington intervene.

Understandably, one might feel helpless, frustrated and disappointed with government and conclude that our time may be running out. But there is a way “We the People” can restore constitutional government and re-establish state sovereignty. It is found in the gift the Founders gave us in Article V of the Constitution, the perfect answer for an out-of-control Washington.

Article V of the Constitution provides that when two-thirds of the states make application for it, a Convention of States shall be convened for the purpose of proposing amendments to the Constitution. Upon ratification in the established, normal manner by three-fourths of the states, such amendments shall become part of the Constitution.

What this means is that the Constitution empowers the states to go around Washington, rein in federal government, restrict its power, limit its jurisdiction, restore our liberties and re-establish the sovereignty of the states. Think balanced budget, regulation limits, term limits, fairer taxation, meaningful oversight and real governmental accountability.

Opponents offer two main hobgoblins. First is the “runaway convention” myth where they mislabel such a convention as a Constitutional Convention or “Con-Con.” Second is that the federal power structure would ignore amendments arising out of the convention.

A Constitutional Convention and an Article V Amending Convention are distinctly different. The first is unlimited; the latter is not. An Article V Convention cannot itself change one word of the Constitution. It can only propose amendments within the scope of the enabling applications. To become part of the Constitution, any amendments proposed must be ratified by at least 38 states in the same manner as other amendments have been ratified.

The possibility that a Convention of States could be hijacked by political fringe groups dedicated to imposition of an ideologically focused agenda to rewrite the Constitution, decimate the Bill of Rights and destroy our liberties — in plain view of all the states, 38 of which would need to ratify their actions — is not only preposterous, it is impossible. Would Arkansas join 37 other states to ratify amendments doing away with the Bill of Rights? Of course not.

Amendments can also be structured to compel compliance, for example:

  • Rein in bureaucrats by requiring Congress to vote on pending regulations;
  • Give states explicit power to repeal any federal law, regulation or Supreme Court decision by a three-fifths vote of the states;
  • Make failure to comply with amendments an impeachable offense or grounds for recall; and
  • Establish term limits for federally elected officials, including the judiciary.

Organizing grassroots and legislative support in the required 34 states needed to call a convention is hard work. But no goal is more worthy. The cause is quickly gaining momentum nationwide with project operations well underway in more than 40 states. Enabling legislation is proceeding in several states and has already been completed in Georgia, Florida and Alaska.

We will find the needed talent and genius to construct righteous amendments, and we will have the character, fortitude and will to see it through. Patriots understand that time is short. The Article V Convention offers the best, perhaps only, hope for a reversal of our present downward spiral. Let’s get busy and bring Arkansas on board.

Mark Alspaugh is Arkansas state director of the Convention of States Project. Email him at COS.SD.AR@SBCGlobal.net.

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