COS-JeffersonStatement_1-2

Original file

THE JEFFERSON STATEMENT

On September 11, 2014, some of our nation’s finest legal minds convened to consider arguments for and against the use of Article V to restrain federal power. These experts specifically rejected the argument that a Convention of States is likely to be misused or improperly controlled by Congress, concluding instead that the mechanism provided by the Founders is safe. Moreover, they shared the conviction that Article V provides the only constitutionally effective means to restore our federal system. The conclusions of these prestigious experts are memorialized in The Jefferson Statement, which is reproduced here. The names and biographical information of the endorsers, who have formed a “Legal Board of Reference” for the Convention of States Project, are listed below the Statement.

The Constitution’s Framers foresaw a day when the federal government would exceed and abuse its enumerated powers, thus placing our liberty at risk. George Mason was instrumental in fashioning a mechanism by which “we the people” could defend our freedom— the ultimate check on federal power contained in Article V of the Constitution.

Article V provides the states with the opportunity to propose constitutional amendments through a process called a Convention of States. This process is controlled by the states from beginning to end on all substantive matters.

A Convention of States is convened when 34 state legislatures pass resolutions (applications) on an agreed topic or set of topics. The Convention is limited to considering amendments on these specified topics.

While some have expressed fears that a Convention of States might be misused or improperly controlled by Congress, it is our considered judgment that the checks and balances in the Constitution are more than sufficient to ensure the integrity of the process.

The Convention of States mechanism is safe, and it is the only constitutionally effective means available to do what is so essential for our nation—restoring robust federalism with genuine checks on the power of the federal government.

We share the Founders’ conviction that proper decision-making structures are essential to preserve liberty. We believe that the problems facing our nation require several structural limitations on the exercise of federal power. While fiscal restraints are essential, we believe the most effective course is to pursue reasonable limitations, fully in line with the vision of our Founders, on the federal government.

Accordingly, I endorse the Convention of States Project, which calls for an Article V Convention for “the sole purpose of proposing amendments that impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office for its officials and for members of Congress.” I hereby agree to serve on the Legal Board of Reference for the Convention of States Project.

Signed,	Randy E. Barnett*	Charles J. Cooper*