Kontos Column: It’s Time for a Convention of the States
By Dan Kontos
We have heard over and over that we live in a country of laws, a society governed by our own making, run by the elected representatives of We the People. However, I’ve also listened for years and years as malcontents complain about corrupt politicians, usually by claiming that “they’re all crooked,” and that the game is rigged.
A bit of hyperbole, but I get the point. I usually have politely dismissed these complaints, and gone about my business, never truly buying into the dark cynicism. Lately, things have changed.
I look around and observe what is, versus what is supposed to be. Granted, my sense of ideals may differ from yours a bit, but I think that we can generally agree on the larger principles. Then I observe those who were “chosen” by the people through elections to operate our society in accordance with our own laws, most specifically the highest law in our nation, the Constitution. I also see the armies of unelected faceless bureaucrats who far outnumber our elected officials, and actually run the levers of government. Frankly, I think they are all failing.
With the almost universal obligatory disclaimer that generalizations are not indicative of each and every person, in other words not always—but usually, our national politics is broken. There are many reasons for this, but the chief culprit is that we no longer follow the Constitution.
Career politicians (which should be an oxymoron) have constructed a post-constitutional system where they basically do what they wish and then look for reasons to justify their actions. Self-enrichment and aggrandizement seem to be all that matters any more. Power money, influence, and lies have replaced service, transparency, honesty, and sacrifice. Where else can you make $174,000 a year and become a multi-millionaire?
To put it another way, it’s like a pick-up basketball game where we as participants are allowed to call our own fouls. We call what is in our best interest, and the other side can accept or reject the call. Perhaps a better analogy is one where our team is playing against the referees, who determine what is allowed and what is not. When we protest that the rule book says something contrary, they ignore it and dismiss our protestations.
As a nation, we have lost control of our government, and everyone feels powerless to do anything about it. Well, that is not necessarily the case. You see, the Constitution was a stroke of genius, crafted to lift a burgeoning nation out of the morass of tyranny. It was, and still is, the greatest governing document ever crafted by man, and sets forth rock-solid principles that we all benefit from. These include the right to life and liberty, freedom of speech and worship, and the right to live our lives without undue governmental interference.
However, the Constitution is not perfect, and the founding fathers recognized this. So they embedded a mechanism for changing or updating it as necessary. This is the amendment process. Congress has amended the Constitution 27 times, usually with good results, but not always. We have relied on our legislators to look out for the county’s best interest, and make these most consequential changes when needed. We then look to the courts to ensure that we are operating our government within these boundaries.
But the Constitution was created during simpler times, and has been battered by the forces of greed and tyranny since it’s creation. We can no longer count on these career politicians to act against their own best interests and further lock down the insatiable appetite of government for more and more power.
However, there is another way.
Our founders knew that it would be the tendency of a newly formed centralized government to devolve and slip back to its tyrannical roots. More power for government, more riches for the nobles, and less liberty for the commoners. Thus was the trajectory of the government under King George III. We needed to guard against this.
Well, if we cannot rely on our “leaders” to restrain themselves, and we cannot rely on the courts to enforce a diluted constitution, what can we do?
The answer is simple, yet surprisingly unfamiliar to most. We amend the Constitution to strengthen our rights and liberties. But Dan, you said that we can no longer count on Congress to do this, right? True, so we use the other method for amendments under Article V of the Constitution, a Convention of States.
You see, our national framers understood that the real power of the nation should not be with the federal government, but with the states. They set forth a way for the people, more closely and truly represented by the states, to make changes. Article V says that if two-thirds of the state legislatures apply to the Congress, a convention must be called. Today, that number stands at 34.
As of 2020, 15 states have passed a resolution calling for a Convention of the States, while eight more have passed resolutions in one of two chambers of the state legislatures (including Wisconsin). Sixteen more states introduced legislation this year but didn’t pass any bills. If only 19 more states pass a resolution, the Convention must be called. My bet is that most of you have never even heard of this.
But what would we do at this Convention? Well, we would regain control of an otherwise minimally restrained federal government by imposing further restrictions on it. While not exhaustive, I do have some ideas, and see if you agree with me.
How about term limits for elected officials? Who wouldn’t like to see the amount of time that an elected official can exist in any position limited? It was never the intent of the Founders to have lifelong politicians. They instead envisioned citizen-servants, versus career politicians. What about term limits for judges? Why should they have lifetime appointments, never answerable to the people?
Some others might include a limit on taxation and federal spending, expanded protections for private property, limits on executive regulations, and the institution of greater checks and balances to keep our government from abusing its power. Oh, by the way, let’s fix another mistake we made, just like prohibition, we should recognize the error of the 17th Amendment when we took power away from the states and started to directly elect senators. Now there is no one in Congress who truly has the interests of the states anymore.
But what about fears of a “runaway convention?” This is where crazy amendments are proposed and the world comes crashing down around our ears. After all, if we are amending the Constitution, perhaps we go back to a monarchy with a king and everything. Perhaps we require microchip implants to track citizens. Maybe we abolish the Third Amendment, not that practically anyone knows what the Third Amendment is anyway. Nothing but fearmongering, I say, promoted by those who want us to remain in our current post-constitutional society.
Consider this. First, each state would not be inclined to send a busload of maniacs to the Convention, now would they? That makes absolutely no sense. Second, the stated purpose of the Convention would be to “limit the power and jurisdiction of the federal government, impose fiscal restraints, and place term limits on federal officials.” Third, any offered amendment would have to be ratified by three-quarters of all the states, or in other words, 38 states would have to agree on any proposal. That’s a pretty high bar for any crazy proposal like the return of a king, right?
You can find out more about the Convention of States Project at conventionofstates.com. I would also invite you to sign their on-line petition and call your state legislators to ask them to support this measure. Together we can take back our federal government and return the power of governance back to the people.
Next time, let’s have a chat about this whole “right vs. left” thing. Until then, God bless.
Dan Kontos is a paid columnist for the Metro Wire. He chooses his own topics and his opinions do not necessarily represent the staff of the Metro Wire. He lives with his family in Whiting.