documents:cosproject:surge:article_10-finalconstitutionaloption
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documents:cosproject:surge:article_10-finalconstitutionaloption [2018/03/23 22:18] – Oliver Wolcott | documents:cosproject:surge:article_10-finalconstitutionaloption [2021/06/13 16:19] (current) – Oliver Wolcott | ||
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- | The problem, which hardly needs stating, is that the federal government has become the very monster the Founders anticipated. | + | |
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===== The Final Constitutional Option ===== | ===== The Final Constitutional Option ===== | ||
**Bob Berry** | **Bob Berry** | ||
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Obviously, what is needed is a way to trump the Beltway ruling class from without. | Obviously, what is needed is a way to trump the Beltway ruling class from without. | ||
- | Enter Article V, which prescribes the amendment process. Article V establishes the amendment process as a two-phase affair: proposal, followed by ratification of three-fourths of the states. The states have no way to ratify that which has not first been pro-posed. From the beginning, the states have re-lied on congressional super-majorities to do the proposing. | + | Enter Article V, which prescribes the amendment process. Article V establishes the amendment process as a two-phase affair: proposal, followed by ratification of three-fourths of the states. The states have no way to ratify that which has not first been proposed. From the beginning, the states have re-lied on congressional super-majorities to do the proposing. |
But the Founders knew that Congress would be loath to propose anything that would limit federal power, so they included a way for the states to propose amendments in an ad hoc assembly that Article V styles as “A Convention for Proposing Amendments.” | But the Founders knew that Congress would be loath to propose anything that would limit federal power, so they included a way for the states to propose amendments in an ad hoc assembly that Article V styles as “A Convention for Proposing Amendments.” | ||
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The critics would have none of it. | The critics would have none of it. | ||
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In appeals to the public, the critics insidiously left out any mention of the ratification process by three-fourths of the states — the implication being that once the proceedings began, there would be nothing that could be done to hold it back when, inevitably, extreme elements moved to dissolve the Constitution. When challenged on this, the foes weaved the assertion into their conspiracy theory that the out-of-control assembly would simply declare its own sovereignty and dispense with the ratification process altogether! | In appeals to the public, the critics insidiously left out any mention of the ratification process by three-fourths of the states — the implication being that once the proceedings began, there would be nothing that could be done to hold it back when, inevitably, extreme elements moved to dissolve the Constitution. When challenged on this, the foes weaved the assertion into their conspiracy theory that the out-of-control assembly would simply declare its own sovereignty and dispense with the ratification process altogether! | ||
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In 2009, an academic from the University of Montana was surveying opportunities for re-search. Of particular interest to Professor Robert G. Natelson were areas of constitutional scholarship characterized by a scarcity of research, poor research, or, optimally, both. | In 2009, an academic from the University of Montana was surveying opportunities for re-search. Of particular interest to Professor Robert G. Natelson were areas of constitutional scholarship characterized by a scarcity of research, poor research, or, optimally, both. | ||
- | Intrigued by the vestigial Convention for Pro-posing | + | Intrigued by the vestigial Convention for Proposing |
Quietly, he set to work. | Quietly, he set to work. | ||
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Most importantly, | Most importantly, | ||
- | Natelson’s research trove smashed the conspiracy theories of the 1980s and has become the intellectual base of the resurgent Article V movement that has been joined by Levin and other prominent reformers. When the history is written, it will record that this was the mo-ment | + | Natelson’s research trove smashed the conspiracy theories of the 1980s and has become the intellectual base of the resurgent Article V movement that has been joined by Levin and other prominent reformers. When the history is written, it will record that this was the moment |
The new reformers would do well to press on with the case for state-initiated amendments and ignore the tired conspiracy theories of the past. Having been marginalized to an almost comic degree, the foes of yesterday have been effectively dispatched. | The new reformers would do well to press on with the case for state-initiated amendments and ignore the tired conspiracy theories of the past. Having been marginalized to an almost comic degree, the foes of yesterday have been effectively dispatched. | ||
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- | Sign the COS Petition, be a leader https:// | + | {{page>:wiki_footer}} |
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documents/cosproject/surge/article_10-finalconstitutionaloption.txt · Last modified: 2021/06/13 16:19 by Oliver Wolcott