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 co­opt 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 out­of­control 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 This copyrighted article originally appeared in the June 9, 2014 issue of THE NEW AMERICan. Call 1-800-727-TRUE to order copies of this reprint! A Republic, If You Can Keep It Appleton, WI 54912-8040 • (920) 749-3780 • “Less government, more responsibility, and — with God’s help — a better world.” TruThful. CoNSTiTuTioNAl. feArleSS. The essential news source for all freedom-loving Americans. Subscribe Today! 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 far­reaching 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 one­paragraph 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 Well­meaning 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 people­at­large 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 “non­partisan 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 left­wing Article V groups, get Amendment Task Force, and Compact constructive” Article V convention. such as Move to Amend and Wolf­PAC, 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.