Until certain federal and state powers are redefined in the Constitution by the States through Article V, Congress will continue to act accordingly (meaning, to regulate in all cases whatsoever), regardless of what pet remedies you think are the answer, like recalling public officials, voting, state nullification, the militia, informed juries, coordination, impeachment, civil disobedience, etc. None of these remedies correct the jurisprudence created by the Judiciary. None fix the inherent diffusive congressional power structure developed over time, which makes Congress essentially accountable to no one. [1] Most constitutional scholars that have updated their research beyond what the John Birch Society and The Eagle Forum proposed in the 1960’s and 1970’s agree that Article V permits a limited convention and agree the time has come to use Article V to restore Federalism.The United States Attorney Generals under Jimmy Carter and Ronald Reagan stated the same. President Ronald Reagan advanced using Article V to reign in federal power. The United States Senators in the 1970s and 1980s proposed bills that set forth the procedures of calling a States’ amendment convention, which stated that Article V’s purpose was a limited convention—not a so-called “runaway.” Constitutional scholars have rightly said, “the Article V procedures for amending the Constitution are ‘a domestication of the right to revolution.’” Like any sane person, I strongly prefer we use Article V as a means of constitutional revolution instead using violence, which many in the liberty movement foolishly advocate. That is, their answer lies somewhere along the lines of the militia and civil disobedience, both of which only invite death and yet DO NOT change the constitutional structure and jurisprudence as they exist today. They reject what George Mason said concerning the usefulness of Article V, that “it will be better to provide for them, in an easy, regular and Constitutional way than to trust to chance and violence.”
Posted on: Sat, 21 Sep 2013 17:40:58 +0000
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