constitution

The deceptive Left-Right coalition to rewrite the Constitution by means of an Article V convention threatens our personal rights and freedoms.

by Christian Gomez Americans. Now, however, a new threat unfunded liabilities — many Americans, emerges that seeks to radically alter the especially conservatives, believe that add­ “Perhaps … it is time to rewrite our Constitution under the guise of amend­ ing a balanced budget amendment to the Constitution.” ing it. Those seeking radical change to the Constitution would restrain federal spend­ — Lawrence Lessig, 1993 Constitution look to co-opt it by invoking ing. Having little confidence in the abil­ an Article V “convention for proposing ity of Congress to correct these financial espite war, social upheaval, dem­ amendments,” otherwise known as a con­ woes, advocates for a balanced budget ographic shifts, and economic stitutional convention. amendment (BBA) have once more turned D ups and downs, the U.S. Consti­ Given out-of-control spending by Con­ their efforts to what the states can do, spe­ tution has endured for more than two cen­ gress and a national debt of $17.5 trillion cifically the Article V convention process. turies, securing the blessings of liberty for — and another estimated $129 trillion in However, conservatives seeking a con­

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Subscribe: (800) 727-8783 • www.TheNewAmerican.com Order Online constitution stitutional convention to propose a BBA Another of Stevens’ proposals in Six Amendments is would be surprised to learn that others, to change the Second Amendment to read: “A well including extreme leftists, also want a convention to advance their own agendas, regulated Militia, being necessary to the security proposing radical changes with which of a free State, the right of the people to keep and conservatives would vigorously disagree. Leading convention advocates from both bear Arms when serving in the militia shall not be the Left and Right are actually working to- infringed.” (Emphasis added.) gether to bring about a constitutional con­ vention, even as key advocates on the Left publicly call for a “runaway” convention by the legislatures of three fourths of the Philadelphia Constitutional Convention of in order to make multiple and far-reaching several states, or by conventions in three 1787 with “the sole and express purpose changes to the Constitution. fourths thereof, as the one or the other of revising the Articles of Confederation.” mode of ratification may be proposed by At the time, the Articles of Confederation Amending the Constitution the Congress.” (AOC) was the law of the land. Article Article V is a one-paragraph article in the XIII of the Articles of Confederation spe­ Constitution that includes two methods Back to the Future cifically stipulated that “any alterations” for proposing amendments. The first and Well-meaning conservatives who advo­ made to them must be unanimously “con­ only method used so far empowers Con­ cate for a constitutional convention fail firmed by the legislatures of every State.” gress to propose an amendment “when­ to recognize that once Congress convenes (Emphasis added.) ever two thirds of the both houses shall a convention it cannot be undone and no Both of these mandates were clearly deem it necessary.” predetermined rules or limitations, adopt­ exceeded. The delegates chose to replace The second method for proposing ed by either Congress or the states, will the Articles with an entirely new federal amendments, which has never been em­ have any bearing on what the convention constitution. They also altered the mode ployed since the original Constitutional delegates may choose to do or propose. As of ratification from being “confirmed by Convention of 1787, is through a consti­ the representatives of the sovereign will of the legislatures of every State,” in Article tutional convention called by Congress the people-at-large in each state, conven­ XIII of the AOC, to “the legislatures of “on the application of the legislatures of tion delegates would have free latitude to three fourths of the several states, or by two thirds of the several states.” Once the propose any changes they see fit, includ­ conventions in three fourths thereof,” in applications from 34 states are received, ing the writing of an entirely new consti­ Article V of the new Constitution. (Em­ Congress is constitutionally bound to “call tution, along with changes to the mode of phasis added.) a convention for proposing amendments.” ratification, so as to guarantee the adop­ On September 13, 1788, with only 11 of Article V also outlines two modes of tion of their amendments. This scenario is the 13 states having ratified the new Con­ ratification. The amendments proposed, known as a “runaway” convention, and it stitution, the Continental Congress passed either by Congress or at a constitutional is not without historical precedent. a resolution declaring that it “had been convention, can only become part of the The Continental Congress originally ratified.” North Carolina and Rhode Island Constitution once they have been “ratified tasked the delegates assembled at the had not yet ratified and would not do so until nearly a year and a half later. On May 29, 1790, Rhode Island became the 13th and final state to ratify the Constitution. The new Constitution replacing the AOC was adopted before being “confirmed by the legislatures of every State,” as Article XIII required. With such precedent, who can say it will not happen again?

The miracle at Philadelphia, which produced one of the greatest documents in human history, restraining the power of the federal government by granting it only a certain few and well-defined powers, would not happen today, given the modern age of mass media and popular democracy. A new federal constitutional convention would include delegates from both the Left and the Right, many of whom would propose far- reaching changes to the Constitution, thereby threatening our constitutionally secured rights. www.TheNewAmerican.com 3 constitution

Call a Convention is a nonprofit organization that Founded in 2013, Call a Con­ describes itself as “an alliance vention is an organization whose between Conservatives and Pro­ stated purpose is to reform Wash­ gressives for fundamental elec­ ington, “striking at the root of in­ tion reforms including a clean creasingly troubling issues which elections system, congressional have plagued our federal govern­ term limits and a ban on the prac­ ment for decades” by way of an tice of Gerrymandering.” “Article V Amendments Conven­ Leading the pack is Lawrence tion.” Call a Convention devotes Lessig, who founded Call a Con­ its efforts to getting groups on vention in August 2013. Lessig both the Right and Left to work holds the title of Roy L. Furman together in order to convince state Professor of Law and Leadership legislatures to petition Congress to at Harvard Law School, and has call a convention. previously taught law at the Uni­ Point one of Call a Convention’s versity of Chicago and Stanford strategy calls for the creation of a Law School. Lessig served as an “non-partisan collaboration with advisor on Barack Obama’s 2008 other Article V and Amendments presidential campaign, and his groups.” Under the “About” menu name was even rumored as a pos­ item on the Call a Convention web­ sible Supreme Court justice nomi­ site, there is an “Article V Advo­ nee should Obama win the election. cates” webpage with the headline Lessig’s name also appeared on the “The Article V Movement — Right 2013 guest list for the Bilderberg and Left Working Together for Real Conference, where establishment Reform” (see graphic on this page). bigwigs from Europe and North Under the headline we are told: America met to discuss various top­ “We are organizations and individ­ ics, including U.S. foreign policy, uals from both the right and the left the EU, the promises and impacts who recognize that Washington is of online education, and national­ broken and will not reform itself.... ism and populism. [We] must call a Convention, and Lessig emerged on the nation­ move forward on our common The Article V Movement page (above) on the “Call a al scene following the Supreme ground for the good of the nation.” Convention” website boasts the names of various pro-Article Court’s 2010 ruling in Citizens Below this explanation is a list V convention groups and individuals from both the Right and United v. Federal Election Com- of various conservative “Article V Left that are “Working Together for Real Reform.” mission, which allowed corpora­ Movement” groups, such as Mark tions, specifically incorporated Meckler and Michael Farris’ Convention amendment or a few limited amendments, 501(c)(4) public advocacy groups, and of States (COS), Article V Caucus (of state they are nevertheless listed on the Call trade associations to make financial con­ legislators), American Legislative Ex­ a Convention website as members of a tributions to electoral races. Since then, change Council (ALEC), Balanced Bud­ movement whose goal is “a truly open and Lessig and left-wing Article V groups, get Amendment Task Force, and Compact constructive” Article V convention. such as Move to Amend and Wolf-PAC, for America. Listed along with these con­ The faces behind Call a Convention have taken the lead in seeking to overturn servative groups are progressive liberal are Lawrence Lessig, its founder; Jeff the court’s decision by pushing for a cam­ organizations, such as Convention USA, McLean, the executive director; and paign finance amendment to the Constitu­ Amend America, ArticleV.org (“the Inter- Shelby Williams, who serves as the di­ tion that would bar all private money from Occupy Article V Work Group”), Call a rector. Before becoming executive direc­ political races and require elections to be Convention, and Wolf-PAC. Although tor of Call a Convention, Jeff McLean publicly financed. most of these groups claim to favor only served as vice-president of Americans Another page on Call a Convention’s a “limited” convention to propose one United to Rebuild Democracy, which website lists the various “Amendments” they support: a Balanced Budget Amend­ Levinson contends that “the Constitution is both ment, a Campaign Finance Amendment, a National Debt Relief Amendment, Term insufficiently democratic, … and significantly Limits for Congress, and Term Limits for dysfunctional.” Levinson writes, “We should no longer Supreme Court Justices. However, since Call a Convention’s goal is “a truly open express our blind devotion to it.” and constructive” convention, the listing of

4 THE NEW AMERICAN these amendments is likely only a means Constitution to effect that reform. The five amendments listed on Call a Con­ toward their ultimate objective of propos­ And more important, it’s going to vention’s website are merely a catalyst of ing radical rewrites to the Constitution. be much easier to get a conversation the “different ideas” necessary to convince In his 2011 book, Republic, Lost: How about fundamental reform going in both the Right and the Left to come to­ Money Corrupts Congress — and a Plan the context of a call for a conven­ gether in support of a convention, whose to Stop It, Lessig discussed the adverse tion than it will be through any other true purpose is to debate and propose fun­ implications to “democracy” from the Su­ plausible political means. The rea­ damental changes to the Constitution. preme Court’s ruling in the Citizens Unit- son is an important strategic oppor- ed case. Unsurprisingly, Chapter 20 of the tunity that a call for a convention Co-opting the Right book outlined a constitutional convention would offer and that a demand for Since the mid 1970s, conservative at­ as the necessary solution. On page 293, an amendment would not: different tempts at a constitutional convention Lessig stressed the need for a convention souls with different objectives could have been primarily focused on add­ on the basis of the fundamentally transfor­ agree on the need for a convention ing a balanced budget amendment to the mative changes that only a constitutional without agreeing on the particular Constitution. One of the groups pushing convention could bring about: “Even proposals that a convention should hard for a BBA via an Article V conven­ though it has never happened, however, a recommend. Some might want term tion today is Compact for America. The constitutional convention is the one final limits. Some might want to abolish Compact for America (CFA) is a 501(c) plausible strategy for forcing fundamen- the Electoral College, or ban po­ (3) nonprofit organization with an ambi­ tal reform onto our Congress.” (Emphasis litical gerrymandering. And some tious plan that calls for the creation of an added.) On the same page, Lessig contin­ might want to demand a system interstate compact, made up of 38 states ued to make his desire for a broad constitu­ for funding elections that restores (the minimum required number of states to tional convention clear when he explained integrity and independence to Con­ ratify an amendment to the Constitution), that going through Congress to propose gress (me!). to petition Congress to call an Article V amendments would fall short of resulting All of these different souls could convention for proposing a balanced bud­ in the type of “fundamental reform” only agree at least on the need to create the get amendment, which would also be “pre- achievable through a convention: platform upon which their different drafted” and “pre-ratified” within the 38 ideas could be debated. The platform states’ initial applications. It’s going to be easier to organize is the convention. [Emphasis added.] CFA’s plan calls for designating the movements within the states to de­ governor of each state to serve as his or mand fundamental reform than it Call a Convention’s founder places greater her state’s official delegate to the conven­ will be to organize Congress to vote emphasis and importance on the “plat­ tion. The CFA is the brainchild of Nick for any particular amendment to the form” than on any particular amendments. Dranias, the director of policy and con­ stitutional government for the Goldwater Institute. Among those on CFA’s advisory council is Lawrence Lessig. Another organization listed on Call a Convention’s “Article V Movement” page is Convention of States (COS), which is a project of Mark Meckler’s Citizens for Self-Governance (CSG). Convention of States encourages state legislatures to in­ troduce and pass resolutions applying to Congress to call a convention of the states in order to propose “amendments that im­ pose fiscal restraints on the federal gov­ ernment, limit the power and jurisdiction of the federal government, and limit the terms of office for its officials.”

Left and Right working together to rewrite the Constitution: On September 24-25, 2011, Lawrence Lessig (left) and Mark Meckler cohosted the Harvard Conference on the Constitutional Convention, which was intended to bring both the Left and Right together to work toward a constitutional

AP Images convention.

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Before establishing Citizens for Self- Working With the Left Since Wolf-PAC’s creation, both Uygur and Governance in 2012, Mark Meckler was Following the Supreme Court’s decision Lessig have toured the country making ap­ the co-founder and national coordina­ in the Citizens United case, the Left made pearances together encouraging people and tor for Tea Party Patriots. In 2011, both campaign finance reform the rallying cry state legislators to support and pass Article Meckler and Lessig attended the Confer­ for their efforts to amend the Constitution. V applications for a convention to propose ence on the Constitutional Convention Cenk Uygur, the host and producer of The this “28th Amendment.” Lessig and Uygur (ConConCon), held at Harvard University Young Turks, has been a strong supporter are not the only notable personalities on the September 24-25, 2011. Meckler cohosted for campaign finance reform following Left who would welcome an Article V con­ the event with Lessig, which, like Call a the court’s ruling. Uygur also attended the vention to overturn the Supreme Court’s Convention, intended to bring both the Harvard ConConCon, where he became Citizens United ruling. Right and Left together to work toward a convinced that the only recourse for cam­ In his newest book, Six Amendments: new constitutional convention. Also in at­ paign finance reform is an Article V con­ How and Why We Should Change the tendance at the Harvard ConConCon was stitutional convention. Constitution (2014), former Supreme Nick Dranias of CFA. In November 2011, Uygur founded Court Associate Justice John Paul Ste­ As recently as March 21, 2014, both Wolf-PAC with the stated aim to “restore vens, who wrote the dissenting opinion Lessig and Meckler spoke at the same true, representative democracy in the in the Supreme Court’s Citizens United event, this time at the Citizen Univer­ United States by pressuring our State Rep­ case, proposes adding the following 43 sity’s (motto: “Let’s Do Democracy”) resentatives to pass a much needed 28th words to amend the First Amendment of Annual National Conference in Seattle; Amendment to our Constitution which the Constitution: Lessig’s topic was “How to Start a Re­ would end corporate personhood and pub­ bellion,” featuring “bottom up change licly finance all elections in our country.” Neither the First Amendment nor and passionate cross-partisan political The text of Wolf-PAC’s proposed “28th any other provision of this Constitu­ rejuvenation.” Lessig’s connection with Amendment” reads: tion shall be construed to prohibit the CFA and Mark Meckler is not so much an Congress or any state from imposing endorsement for a BBA or limited gov­ Corporations are not people. They reasonable limits on the amount of ernment as it is an opportunity for Lessig have none of the Constitutional rights money that candidates for public of­ to work alongside conservatives toward of human beings. Corporations are fice, or their supporters, may spend in the common goal of a constitutional con­ not allowed to give money to any election campaigns. vention. The Right is being used to help politician directly or indirectly. No facilitate the aspiration of Lessig and oth­ politician can raise over $100 from Another of Stevens’ proposals in Six ers for a convention to make far-reaching any person or entity. All elections Amendments is to change the Second changes to the Constitution. must be publicly financed. Amendment to read: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms when serving in the militia shall not be infringed.” (Emphasis added.) The addition of these five words essentially allows for the criminalization and disarming of homeowners and law- abiding citizens. Justice Stevens is not alone in seeking to alter the Second Amendment. Also in attendance at the Harvard ConConCon was then-Texas Wesleyan Law School Professor Mary Penrose, who currently teaches at Texas A&M University School of Law. Speaking at the 2013 UConn School of Law Second Amendment Symposium, Penrose said gun violence required “drastic measures” and affirmed that “there is not a single amendment that is absolute … no constitutional right is AP Images sacred.” She continued, “It’s time today, Left-wing Article V convention proponent: Cenk Uygur (left), the host and producer of The Young in our drastic measures, to repeal and re­ Turks, founded Wolf-PAC to overturn the 2010 Supreme Court’s Citizens United decision by way of place that Second Amendment.” Halfway an Article V constitutional convention. So far this year, 14 state legislatures have introduced Wolf- through her talk she stated, “I’m in favor PAC resolutions. Vermont became the first state to approve a Wolf-PAC resolution in May. of redrafting the entire Constitution.”

6 THE NEW AMERICAN Before leaving the podium sired by the overwhelming Penrose concluded, “My so­ majority of Americans as lution goes through the Ar­ well as, possibly, eighty- ticle V process … through six out of the ninety-nine the states model.” legislative houses in the Also listed on Call a Con­ American states? vention’s “Article V Move­ ment” page is Convention On page 11, Levinson makes USA. Convention USA the following proposal to ad­ is a nonprofit corporation dress these questions: that was founded by Chief Justice of the Michigan Shall Congress call a Supreme Court Thomas E. constitutional convention Brennan and several of his empowered to consider close associates. Conven­ the adequacy of the Con­ tion USA describes itself as stitution and, if thought an “interactive, virtual con­ necessary, to draft a new vention being conducted on constitution that, upon the Internet for the purpose completion, will be sub­ of proposing amendments mitted to the electorate to the Constitution of the for its approval or disap­ United States in the manner proval by majority vote? provided for in Article V of Unless and until a new the federal constitution.” constitution gains popular Anyone can sign up on its approval, the current Con- website as a “delegate” to stitution will continue in participate in the online place. [Emphasis added.] “convention” to propose and debate amendments desired Initially, Levinson sought a to be proposed and debated citizens-led campaign to in­ University of Texas Law School Professor Sanford Levinson asked in his at a real constitutional con­ book Our Undemocratic Constitution: “Shall Congress call a constitutional dividually petition Congress vention. This virtual con­ convention empowered to consider the adequacy of the Constitution and, to call a convention. How­ vention will “adjourn sine if thought necessary, to draft a new constitution that, upon completion, will ever, on page 174, he stated die when the United States be submitted to the electorate for its approval or disapproval by majority that if Congress resists the Congress calls a convention vote?” (Emphasis added.) petitions of citizens for a con­ pursuant to Article V,” Con­ vention, then “one moves on vention USA’s website states. Their goal son writes, “We should no longer express to the procedure set out in Article V and is to “generate a groundswell of public our blind devotion to it.” He invites the lobbies for state legislatures to send simi­ support for an Article V convention, and reader to answer five questions in order lar petitions to Congress.” Levinson con­ force Congress to call the convention.” to “scrutinize the adequacy of today’s tinued, “We are surely entitled to believe Convention USA’s advisory board in- Constitution.” The first question Levin­ that Congress would adhere to the clear cludes Lawrence Lessig. Other members son asks is: command of the Constitution and call a of the advisory board have proposed their convention should two-thirds of the states own amendments, which would funda- Even if you support having a Senate agree.” Apart from serving on Convention mentally transform the Constitution. in addition to the House of Represen­ USA’s advisory board, Levinson was one tatives, do you support as well giving of the invited guest speakers at the Harvard Endgame: Constitutional Rewrite Wyoming the same number of votes ConConCon. Furthermore, Levinson is Among the names listed on Convention as California, which has roughly sev­ also listed on Call a Convention’s “Article USA’s advisory board is University of enty times the population? V Movement” page. Texas Law School Professor Sanford As for Lawrence Lessig, the founder of Levinson. On page nine of Levinson’s Levinson’s final question hints at wanting Call a Convention, he wrote the following book Our Undemocratic Constitution: to lower the threshold of the required num­ in an article entitled “Fidelity in Transla- Where the Constitution Goes Wrong ber of states to ratify an amendment: tion,” published in the May 1993 issue of (And How We the People Can Correct It) the Texas Law Review: (2006), he contends that “the Constitu­ Do you support the ability of thirteen tion is both insufficiently democratic, … legislative houses in as many states to We live in a time when almost sixty and significantly dysfunctional.” Levin­ block constitutional amendments de­ percent of the American public can­ www.TheNewAmerican.com 7 constitution

“outdated” Constitution of 1787 and re- place it with an entirely new constitution bearing little similarity to the current one. With each application petitioning Congress to call a constitutional con- vention, the country moves closer to en- abling the Left to completely rewrite the Constitution. The Left’s deceptive quest to rewrite the Constitution is nothing new and would have transpired already had it not been for the effectual and fer- vent work of The John Birch Society. For decades The John Birch Society and its members across the country have worked tirelessly, actively educating people and lawmakers about the dangers of a consti- tutional convention. Art Thompson, CEO of The John Birch Society, told The New American: AP Images Eliminating freedoms he doesn’t like: Former Associate Justice John Paul Stevens proposes With the failure of the Equal Rights six alterations to the Constitution in his new book, Six Amendments: How and Why We Should Amendment, the overt thrust of the Change the Constitution, among which include curtailing the First Amendment through campaign Left to alter the nature of our Con- finance reform and limiting the “right of the people to keep and bear arms,” as provided in the stitution segued into a stealth pro- Second Amendment, to only “when serving in the Militia.” gram to bring about a constitutional convention in the name of instituting not even identify the Bill of Rights. Lessig, the godfather of the Article V what American conservatives val­ If the document has become so out movement, believes “it is time to rewrite ued: pro-life, against flag burning, a of date that its meaning is no longer our Constitution” and that those who ad­ balanced budget ― anything to gain plain to all — if it has become im­ here to the Constitution as it is should support for an initiative to set the possible to imagine a world where or­ “give up the obsession that it must be the stage for changing the Constitution. dinary people carry the Constitution same as the old” in order “to move on.” And, all the while, the Left has been in their pockets — then perhaps it is Lessig’s statements invoke the same sen­ involved in the process. time to restore its meaning by, as Jus­ timent as Levinson’s. tice [John Paul] Stevens has recently During the ConConCon, Uygur asked Thompson continued, “More and more suggested, amending the text to pre­ Lessig questions about the prospect of evidence has surfaced that this is the serve the meaning. Perhaps, that is, a new constitutional convention and the case. The John Birch Society has been it is time to rewrite our Constitution. possibility that it would become a run- the vanguard for 40 years in prevent­ [Emphasis added.] away convention. Lessig responded that ing a constitutional convention and we any “crazy amendments” proposed at a continue to be that vanguard.” Unless Under the guise of trying to make the convention would still need to be ratified Americans become educated and get ac­ Constitution more understandable for “or­ by 38 states. Uygur joyfully continued, tively involved, the names Washington, dinary people,” Lessig reveals his desire to “I agree, and the original convention they Madison, and Franklin will be effaced rewrite the Constitution. Lessig then goes say was … a runaway convention. It was, by the names Lessig, Levinson, and Pen­ on to confirm his intention to rewrite the and it produced the greatest document rose. As Lessig gleefully wrote in 2010 Constitution: known to man.” Lessig then smiled and regarding an Article V constitutional replied, “Let’s have some more runaway convention, “It would be a grand circus We are like the person who finds conventions.” of democracy.” n himself at the store, with a list he can A “runaway” con- no longer make out, struggling to vention does not reconstruct what it must have been scare Lessig; it is that he wanted to buy; at some point precisely what moti- EXTRA COPIES AVAILABLE it may make sense simply to decide vates him. Individu- ➧ Additional copies of this reprint are again what he wants, to rewrite the als such as Lessig, available at quantity-discount list, to give up the obsession that it Levinson, Penrose, prices. To place your order, must be the same as the old list, to and Stevens seek to visit www.shopjbs.org or call move on. [Emphasis added.] do away with the 1-800-727-TRUE.

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