Rebalancing Power The Constitution of the United States, Article V

Rebalancing PowerThe Constitution of the United States, Article V

Ron Scott

Bottom Line Up FrontJustify the need for an Article V remedyExplain the Article V processMotivate actionObamacare Architect Jonathan Gruber

Key admissions in this video:Lack of transparency was needed to pass the Affordable Care ActStupid voters arrogantly highlights the disdain political elite have for the American citizen.In a NutshellDo you feel ruled or served?Does this sound like the land of the free?

Are you served or ruled (by the Federal Government)?Do you believe the Federal Government is out of control and disrespecting the Constitution?Do you believe electing any cadre of new representatives can ever fix the Federal Government?In other words, do you believe DC will fix itself?Do you want the trend of federal growth to continue?Where is the growth? Not elected officials.Did you know there is a Constitutional remedy?

Growth of Government1913 = $178/person2013 = $11,435/person64 times more expensiveBudget data: http://www.whitehouse.gov/sites/default/files/omb/budget/fy2015/assets/hist.pdf

Population: http://www.u-s-history.com/pages/h980.html and http://www.census.gov/popclock/

Inflation calculator: http://www.usinflationcalculator.com/ Fiscal NightmareDebt of $17.6T exceeds GDP $17TDisturbing corporatism and crony capitalismWealth creation lags government spending

Debt: http://www.usdebtclock.org/

GDP: http://www.bankrate.com/rates/economic-indicators/gdp-gross-domestic-product.aspx?ec_id=m1108373&s_kwcid=AL!1325!10!3741550769!7016991951&ef_id=U2VuvgAAAKerewhQ:20140712213421:s

Debt of $17.6T exceeds GDP $17TUnfunded liabilities is $122TDisturbing corporatism (e.g., GM) and crony capitalism (e.g., lobbying, tax subsidies)Wealth creation now lags government appetite for spendingPrivate sector jobs create wealthSince 2007, job participation rate has plummeted to the lowest since 1978Our sovereignty is threatened

Shaping Voter SentimentMedia bias for large central governmentEmotive language: Do nothing Congress Code for obstructionism . . . Justifies executive action80% of public gets news from digital sourcesDiversity in viewpointsAdministration now wants Internet neutrality

Media bias for active government is ubiquitousDo nothing Congress was code for obstructionismHouse passed 294 bills stalled in the SenateOf these, 40 are jobs billsBlamed for government shutdownNarrative used to justify executive action80% of the public gets news from digital sourcesConsider the threat of regulating the internetThere is no 1st Amendment protection

Word Clouds

Statesthe US ConstitutionCurrent ArticlesIrony: 1776 1789

As our Founders were establishing a new Nation, starting with our Declaration of Independence in 1776 and the ratification of our Constitution in 1789, Edward Gibbons published The History of the Decline and Fall of the Roman Empire.

Edward Gibbon researched and published his six volume work between 1776 and 1788.

As the narrator observed at the end of this clip, Rome was destroyed by political corruption from within the Republic.

Oppressive GovernmentBill of Rights at riskJefferson argued:That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government

1st Amendment: Consider political correctness2nd Amendment: Do you like the Colorado gun laws?4th Amendment: How about NSA monitoring?5th Amendment: Ferguson, MO Why is the DOJ meddling in a state crime?8th Amendment: Lifetime bans on athletes, like Ray Rice, Pete RoseHate crimes10th Amendment: Supreme Court rulings, like HR1070

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new GovernmentWhat Are Your Concerns?What Can Be Done?Do nothingKeep electing federal officials to fix itUnconstitutional meansConstitutional remedy Article VDo nothingBury head in sand or assume someone else will fix it.Keep trying to elect federal officials to fix it.Isnt this what weve been doing? (e.g., insanity)Constitutional remedy Article V.Reinforces the rule of law and the ConstitutionUnconstitutional meansSecession, Nullification, etc.All such methods negate the rule of lawThe federal government will override

The Founders Gave Us a Big SolutionArticle VAmending the ConstitutionThe SolutionConstitution articulated rules of the gameFounders anticipated Changing conditionsFramer fallibility Disputes over interpretation Abuses in the systemThus, Article V provides the means to amend the Constitution

Article V anticipated Changing conditions (e.g., 19th Amendment for women suffrage)Framer fallibility (e.g., 12th Amendment on VP eligibility)Disputes over interpretation (1st-10th Amendmentsto make sure government serves and not rules)Abuses in the system (14th Amendment; Dred Scott)

The Congress, . . . on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing amendments, which . . . Shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States . . ..

Information on flaws is from Robert G. Natelson during a presentation on July 2, 2014 sponsored by the Bastiat Society of Colorado Springs, Colorado, held at the Cheyenne Mountain Resort.Amendment ProcessAmendments are proposedProposals are presented to the states for ratification

Amendment RatificationALWAYS requires approval of 3/4ths of states38 of 50 states1 vote per state (1 of 2 possible state forums)state legislaturesratification conventions

Amending the Constitution

3/4 of the States (38)2/3 Congress2. Convention of states (34)*Proposed by eitherRatification requires* Has never been doneConvention of States ScopeImpose fiscal restraints on the federal governmentLimit the power and jurisdiction of the federal governmentLimit the terms of office for its officials and for members of Congressanything outside of scope is only a suggestion and it cannot be ratifiedInformation on flaws is from Robert G. Natelson during a presentation on July 2, 2014 sponsoted by the Bastiat Society of Colorado Springs, Colorado, held at the Cheyenne Mountain Resort.Questions?

What Can Go Wrong?Article VAmending the ConstitutionConvention ObjectionsConstitutional ConventionThe runaway conventionThe Federal Government ignores the Constitution now. Why would it obey amendments?Misunderstanding that an Article V convention is NOT a Constitutional ConventionA Constitutional Convention is outside of the ConstitutionStates can call one anytimeThe runaway convention.any proposals still need to be ratified.out of scope suggestions cannot be ratified.Thus, the notion is a canard.There is no guarantee of a proposal being adopted.The Federal Government ignores the Constitution now. Why would it obey amendments?It ignores the Constitution because it is unchallenged from below.History shows that it responds to a challenge from below.11th Amendment

The full and articulated name of this convention is: Convention of the States for the Purpose of Proposing Amendments - so named because it can ONLY propose. It does not make law. Only legislative bodies can make law. The irrational fear of a runaway convention is based on the fear of some group of unelected people (appointed by the State legislators) changing our Constitution without our consent. It cannot. The worst possible outcome is a slate of proposals that never get ratified.

Realistic OutcomesGradual accumulation of applications--indefinite until rescindedA Convention occursNo amendments proposedConstructive amendments proposed: none, some, or all ratified by 38 or more StatesOut of scope amendments may be suggestedThe whole run-away argument is based on the idea that the Article V Convention of the States can make law. Article V restricts the power of the Convention invoking Article V to PROPOSING amendments. Were it to run away the result would be a slate of amendment proposals with very little chance of getting ratified.

RATIFICATION requires passage in both houses of 38 states (two of which have bicameral congresses). That means 74 separate legislative bodies must vote YES before any proposal becomes law. Any idea surviving that cant be all bad. DiscussionAmericans v. Political DysfunctionIn a Foreign Affairs article, America in Decay: The Root Causes for Political Dysfunction, Fukuyama argues only an external shock can help.Are we so risk averse today that we lack the courage to preserve our Constitutional Republic as the home of the brave?Where is the American pride that was prolific following WWII, when American made meant something?We fear losing our current standard of living.Timidity has replaced courage and pride.We the People can provide an internal shock through an Article V Convention of States.How You Can HelpSign our petitionVolunteer to be a district captainWrite/call/email/fax/text elected officialsChampion this effort with your friends, family, colleagues, and neighborsEncourage State legislators to approve Colorado application in 1Q2015Were striving for 8,000 signed petitions to convince Legislators to apply

WebsiteConventionofStates.comQuestions?Backup Slides

Average Defense to GDP Ratio: 5.05; now 3.66 or 226BAverage HHS to GDP Ratio: 3.05; now 5.33 or +379B Data from US Budget Historical Table 4.1: http://www.whitehouse.gov/omb/budget/Historicals/Data set begins at 1962. Projections through 2019 indicate a larger gapwith HHS increasing and defense decreasing.29

1861 1932: Republican Congress1933 1993: Democrat Congress1994 2014: Heightened contest for majorityNow: An uber-presidency transforming AmericaThe algorithm for computing party power magnitude:

Political Party Affiliation for the US Senate (Sscore). To measure the relative strength of the Sscore, the strength of party dominance (positive for the Republican Party [RP] and negative for the Democratic Party [DP]) is calculated by the relative difference in seats occupied.For each year,Let Democrat Senators (DS) = the number of DP senatorsLet Republican Senators (RS) = the number of RP senatorsLet total senators (TS) = the total number of senatorsThen, for each year,Sscore = ((-1)(DS/TS) + (RS/TS))*100Political Party Affiliation for the House of Representatives (Hscore). To measure the relative strength of the Hscore, the strength of party dominance (positive for RP and negative for DP) is calculated by the relative difference in seats occupied.For each year,Let Democrat Representatives (DH) = the number of DP representativesLet Republican Representatives (RH) = the number of RP representativesLet TH = the total number of representativesThen, for each year,Hscore = ((-1)(DH/TH) + (RH/TH))*100Political Party Affiliation of the Congress (Cscore). Cscore is the combined Sscore and Hscore for each year.Data for the analysis is fromSscore data are from http://www.senate.gov/pagelayout/history/one_item_and_ teasers/ partydiv.htm; and http://www.senate.gov/artandhistory/history/resources/ pdf/chronlist.pdf. Hscore data are from http://artandhistory.house.gov/house_history/partyDiv.aspx. 30

http://blogs.marketwatch.com/themargin/2014/07/08/10-powerful-companies-that-put-nearly-all-the-food-on-supermarket-shelves/10 companies provide almost all of the 38,000 items in most grocery stores31Direction, Trust, Confidence

64%19%30%

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Agencies & Media

23%85%

20%

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