July 4, 2018
A Guest Editorial by Mary McDonald
A MESSAGE TO OUR LAWMAKERS ON OUR NATION’S BIRTHDAY
“Act worthy of yourselves”
As I opened the door to let my pups out this morning, I was greeted with the musical symphony of songbirds welcoming another new day. It dawned on me that their song doesn’t sound the least bit dampened or saddened by the events unfolding and conspiring to destroy our country economically, socially and spiritually.
I surmise that most Americans across the country will celebrate this country’s birthday today with the same jubilation this year as they do every year as predictably as songbirds sweetly announcing a new day, unaffected by the foreboding signs many of us see on a nearly daily basis that bring us ever closer to the end of our democracy.
It was Thomas Jefferson who drafted the Declaration of Independence, severing the colonies ties to Great Britain and an oppressive, tyrannical King. It marked the beginning of a new era of democratic thought.
The Articles of Confederation and Perpetual Union organized the nation’s first legal government and bound the 13 states. The strife resulting from a post-war depression led to uprisings and the Founding Fathers’ determination that a strong central government was needed to provide economic stability.
Thus, the Federal Constitutional Convention opened in Philadelphia in the same room in the State House where the Declaration of Independence had been adopted. The purpose of the Convention was to form a more perfect Union of the states and to replace the failed Articles of Confederation. The new Constitution provided a strong federal government that balanced the division of power between state and federal governments. It established independent Executive, Legislative and Judiciary branches of government. The first 10 Amendments which constitute the Bill of Rights were written to satisfy states that were reluctant to ratify the new Constitution.
Today, our own democracy is under siege by our Executive Branch, the Koch coalition of networks and organizations and the influences of a foreign power. I refer to it as the Triad of Evil. The groups at the 3 corners of the triangle all interact with one another.
A major driving force behind a Constitutional Convention has been the Koch brothers. The Koch network include an inventory of 700 mega-wealthy donors. The Koch brothers have branded a unique and particularly extreme version of libertarianism which doesn’t align with any of the better known versions. Their influences have pushed the Republican Party so far to the right; they can no longer be considered Republican in the traditional sense. That transition began with the Tea Party and republicans have continued shifting further and further to the right. To give you an idea of the enormous amount of money their network is willing to invest to further their undemocratic ideologies, they budgeted $889 million to spend on the 2016 elections. Their definition of ‘liberty’ and ‘freedom’ applies only to the wealthy and can accurately be translated to ‘oppression’ for all others.
The American Legislative Exchange Council (ALEC) is made up of republican legislators and corporate representatives. They produce model bills for legislators to modify and introduce in their own legislatures. ALEC receives funding from the Koch brothers and the Mercer family. ALEC representatives lobby and put continuous pressure on state legislators to adopt their model legislation to apply to Congress for an Article V Convention of States. [1]
“The 1787 convention was clearly a “runaway convention” in the sense that every single state delegation that had restrictions imposed on its delegates by their state legislature violated those instructions” and the finalized Constitution looked nothing like the original documents.” [2]
Advocates for an Article V Constitutional Convention refuse to acknowledge that once Congress calls a convention it cannot be stopped or undone and no predetermined rules or limitations, adopted by either Congress or the states, will have any bearing on what the convention delegates may choose to do or propose. Convention delegates would have free latitude to propose any changes they saw fit, including the writing of an entirely new constitution, along with changes to the ratification process.
Advocacy groups will go so far as to say that they have legal research and reports proving it impossible for a convention to turn into a runaway convention. Highly qualified constitutional scholars base their reports and research on State conventions used to amend their own Constitutions. Perhaps they used their powers of observation during the mock Constitutional Convention that was organized by COSProject in Colonial Williamsburg, Virginia, in September, 2016.
Some legal scholars who are in favor of a convention argue that strict instructions would prevent delegates from straying from the boundaries set for them by the states. But since those restrictions are not enforceable the boundaries are meaningless. “The convention could make its own rules and set its own agenda. Congress might try to limit the convention to one amendment or one issue, but there is no way to assure that the convention would obey.” wrote the late Chief Justice Warren Burger. [3]
Advocates are in the habit of omitting or understating the risks of a Constitutional Convention. There is nothing to prevent a convention from being held in secret, or that delegates would not act on behalf of the Koch network or other corporate interests. It’s reckless & dangerous to consider opening the Constitution to a full rewrite that would serve corporate interests over the interests of the American people. The Koch brothers and their network of donors have invested heavily to promote a Constitutional Convention. Surely, they expect their investment to culminate in the incorporation of their libertarian agenda into the Constitution. A Convention of States could potentially cost us the Bill of Rights and put all of our rights and freedoms at risk. In this politically divisive climate it’s impossible to predict what constitutional mayhem and political maelstrom a convention could lead to.
COSProject argues that An Article V convention is the only way to restrain an out of control Congress, reign in an “activist judiciary”, reduce the federal government, and restore our Constitution back to its original pocket size and its original intent.” [4]
When you consider the following bold statements taken from their promotional material [4], one has to wonder just how far the re-write is going to go. They say ‘Radical’ groups opposing their movement “are dedicated to radical environmentalism and abortion on demand” and “Everything from abortion, to same-sex marriage, to ObamaCare, and more are now ‘the law of the land.’ An Article V Convention, which the Framers provided, is the only way to reign in our activist judiciary, reduce the federal government, and restore our Constitution—back to its original pocket size and its original intent.”[4]
It appears that libertarian and republican advocates for a Constitutional Convention would reinstate the failed Articles of Confederation. We know they would consider salvaging some of the Bill of Rights, but which Amendments would they leave untouched? We can’t predict what changes would be made.
Fun Fact! According to the first census in 1790, the population of the whole of the United States was just under 4 million people. Currently, our population totals 325 million.
A balanced budget amendment would have a devastating economic effect during economic down turns. It could tip a weak economy in a recession sooner, would prevent the use of economic stimulus packages; result in deepened, extended recessions that could result in unemployment rates double the rate following the 2008 crash. Could it result in more frequent recessions that might blend into the next without fully recovering before the next recession? I don’t know the answer to that question, but experts know that a balanced budget amendment would put Social Security and other important federal programs at risk. [5]
Here are the names of only a few of the groups advocating for an Article V Constitutional Convention or Convention of States. Convention of States Project (COSProject) and the Balanced Budget Amendment Task Force (BBATF) support causes on the right. Groups advocating causes on the left include American Promise, WolfPAC and Move to Amend. These groups claim to support a 28th Amendment to reverse Citizens United, but they will and in the case of WolfPAC do support a Constitutional Convention to accomplish this goal.
The CNP is a secretive, complex network of conservative organizations. Their 2014 Vision Statement:
“A united conservative movement to assure, by 2020, policy leadership and governance that restores religious and economic freedom, a strong national defense, and Judeo-Christian values under the Constitution.” [6]
How could Justice Anthony Kennedy retirement from the Supreme Court potentially affect our everyday lives? For one, the Koch brothers could use a strongly conservative SCOTUS to fast track a Constitutional Convention to rewrite it. Here is a warning from Arn Pearson, Executive Director of the Center for Media and Democracy. “If between the groups they get to 34 states,” he says, “there is really nothing preventing them from aggregating those calls even if they’re not identical, and pushing for a convention.” [7] We are now just six states short of a Constitutional Convention; that is if other applications aren’t combined, then the number of applications already made to Congress exceeds the requirement of 34 state applications.
At the Old South Meeting House in Boston, on March 6, 1775, Dr. Joseph Warren climbed a ladder and entered through a window to address thousands of citizens who had gathered there to commemorate the 5th anniversary of the Boston Massacre. He reminded his fellow citizens that their forefathers had come to America to escape European oppression.
He ended his address with this statement:
“Our country is in danger, but not to be despaired of. Our enemies are numerous and powerful; but we have many friends, determining to be free, and heaven and earth will aid the resolution. On you depend the fortunes of America. You are to decide the important question, on which rest the happiness and liberty of millions yet unborn, Act worthy of yourselves.” [8]
“Act worthy of yourselves”
I would like to dedicate this piece to people who upon their arrival within our borders have endured unforgivably cruel and inhumane treatment. We will not forget. I would also like to dedicate it to Americans who have yet to realize the promise of equality and continue to endure systemic injustices and those whose hard fought victories for equality is threatened under this administration. We have not forgotten. #EnoughIsNOW
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Mary McDonald: Member of the Resistance alarmed about the disastrous trajectory our country is following. Advocate for a nationwide strike; the only way we will be able to correct our course and bring an end to this tyrannical regime. Twitter: @Ruetheday852; www.saveourconstitution.info; www.usgeneralstrike.org
