By Douglas V. Gibbs
From a constitutional point of view, we have numerous tools to "take back the country." In various writings and speeches I have laid out the lot.
1. Peaceful Revolution. This is how the Founding Fathers began their journey to independence, not shooting guns and demanding independency, but appealing to the leadership of Britain asking to be treated like Englishmen in a manner consistent with how Englishmen were being treated in the motherland. The king refused, and the rest is history. The Tea Party movement is an example of today's peaceful revolution, as are constitution classes, and our information campaign on the internet, and by other means.
2. Nullification. The States have Original Authority, meaning that prior to the United States Constitution all powers belonged to the States. We the People, through our States, send delegates representing our States to the Constitutional Convention in 1787 to create a new government, and grant a limited number of authorities to that government so that it may act in a manner that would protect, preserve, and promote the union of States. As the creators of the federal government, the States are the parents of the federal government. As the creators of the United States Constitution, the States are the final arbiters of the United States Constitution - not the courts, as we have been erroneously taught. Therefore, as the creators of both the federal government, and the law of the land, the States have the right to refuse to implement any illegal (unconstitutional) federal laws and actions. That is called "nullification."
3. Secession. As voluntary members of the union, the States have the right to exit from the union if the contract, the U.S. Constitution, is being breached by the federal government. Even the mere threat of secession makes Washington, D.C. nervous. My friend Tim "Loki" Kerlin and I used to joke that we ought to have all of the conservative States secede, and become a new country. Then, in a decade or two, the conservative States of America would be able to take back the rest of the country from the liberals because the conservatives would have all of the guns, jobs, and prosperity.
4. Bloody Revolution. A last resort, and not one the Founders planned to engage in. If push comes to shove, and the federal government were to fire the first shot, a bloody revolution would be a stark reality, and is a possibility many people fear may not be unavoidable.
5. Convention. There has been only one Constitutional Convention, and that was in 1787. There whould only be one "con-con." But an Article V. Convention, despite what those that argue against convention say, is not a con-con. An Article V. Convention is a valuable tool given to us by the framers of the Constitution as a legitimate way to restore the republic, and get a corrupt government headed for tyranny under control. Alexander Hamilton argued in Federalist #85 that the fail-safe against a runaway convention is the fact that an Article V. Convention is only for proposing amendments, and it still takes 3/4 ratification by the State legislatures. An Article V. Convention is a way for We the People, through our States, to amend the Constitution without the politicians of the federal government being involved. The only other way for amendments to be proposed is through Congress, and we must ask ourselves, "which is better? Congress proposing amendments without our involvement, or us through our States proposing amendments without federal involvement? The answer is clear.
Oh, and that poppycock that we are almost to the 2/3 requirement for the States to call a convention is not correct. 49 States with over 750 applications have demanded a convention of States, but the convention has not been called.
I recognize the concerns that many people have about convention, and the fear of a runaway convention, so that is where a third convention surfaces. The third kind of convention is a grass roots effort that audits the federal government, exposing the unconstitutional aspects of the federal government, and then making these constitutional shortcomings of the federal government aware to the State governments, and using pressure on the local politicians to go after the federal politicians. A Republic Review then uses the States to gain control of the federal government, and may open the door for nullification, or an Article V. Convention, but under an atmosphere of more control by the people, with limiting aspects that will deny such a convention the opportunity to "run away."
We will be discussing and debating Republic Review at the next Constitution Association meeting on Saturday, March 7, 2015 at Boston Billies, 26850 Cherry Hills Blvd., Menifee, CA 92586. Check-in is at 5:00 pm, and the meeting begins at 5:30 pm.
-- Political Pistachio Conservative News and Commentary
State-Led push to force convention to amend constitution gains steam, with high-profile Republican support - Fox News
Ron Paul: Good News that Secession is Happening - Buzz Feed
Federalist 85 - The Avalon Project
Republic Review - Constitution Association
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