To:
Presidential Candidate
John Edwards
By Joel S. Hirschhorn
11 January, 2007
Countercurrents.org
Subject: Winning the presidency by defending OUR Constitution
I am
intrigued by your clear populist and progressive orientation, particularly
your focus on addressing economic inequality that is harming working-
and middle-class Americans. There is another issue that is ideal for
you to champion. I beg you to open you heart and mind to something that
likely has escaped your attention. In a nutshell: Congress has steadfastly
ignored a clear provision in Article V of our Constitution that empowers
the states to have Congress call for a convention of state delegates
to consider proposals for constitutional amendments.
Article V is crystal clear.
The only requirement is that two-thirds of state legislatures submit
applications to Congress for a convention. This is the alternative route
for the first step of the amendment process. Up until now, only Congress
has formed proposals for amendments. Let me assure you that vastly more
than two-thirds of state legislatures have at various times sought a
convention. In fact, there have been 567 such applications from 50 states.
Judge Thomas Brennan, former
Chief Justice of the Michigan Supreme Court and Dean Emeritus and President
of Thomas Cooley Law School in Lansing, Michigan, has spoken out boldly
in favor of Congress calling an Article V convention: “The right
to demand an amendatory convention under Article V of the federal Constitution
is the last prerogative of the several sovereign states of the American
union. If dual sovereignty means anything in the United States any more,
if there is any irreducible minimum beyond which the lawful authority
and inherent power of the states cannot be diminished, it must
lie in the clear mandate of Article V. By the plain words of Article
V, the people of three-fourths of the states can amend the Constitution
of the nation. Speaking either through their state legislatures or through
state ratification conventions, the people of the fifty states,
counted state by state, are the ultimate sovereign authority by which
the federal Constitution is amended. But the right and the reserved
power of the people of the states to pass upon constitutional amendments
is hollow indeed without the prerogative of demanding an amendatory
convention to discuss, refine, draft and propose amendments. …
There is no danger of a runaway convention. That phrase, ‘runaway
convention’, and all the accompanying horror stories about repealing
the Bill of Rights are utterly without substance. They are myths, harmful
to democracy, invented by those who are afraid to let the people exercise
their historic and God-given right to self government.”
There is a widespread misperception
that only applications seeking the same amendment can be counted. This
is dead wrong. No such thing is said or implied in Article V. A little
thought and it becomes clear that our Founders knew that requiring states
to specify what they wanted to amend could cause Congress to oppose
the change and ignore the states’ request. And doing do would
stifle debate on possible amendments among state delegates – the
same kind of debate that Congress now enjoys.
Of course, Congress has done
just that – totally ignored the constitutional requirement to
call a convention. So many people find this incredulous that they fall
prey to incorrect justifications for this congressional inaction. Clearly,
Congress has wanted to keep all the power when it comes to defining
possible amendments to our Constitution. This only proves the wisdom
of our Founders, who created the alternative convention path because
of their concern that the federal government could grow too powerful
and ignore the true interests of we the people. Just what has happened.
An Article V convention is
a constitutionally mandated form of direct democracy that now is more
sorely needed than ever. The presidency of George W. Bush has revealed
how the constitution can be twisted. The corruption of Congress by corporate
and other special interests has created the “two Americas”
you have so boldly talked about.
Many may wonder how Congress
could have gotten away o long with violating a clear constitutional
provision. One reason is that federal courts have not acted. A petition
to the Supreme Court failed. In other words, the judicial branch decided
that it would not force Congress to comply with OUR Constitution. What’s
left?
The Executive Branch must
come to the rescue. Now is the time for you sir to boldly say that if
elected President of the United States of America and having sworn to
defend and uphold the Constitution that you would use the full force
of the presidency to demand Congress call a convention. There is little
to fear from an Article V convention, while there is much that it might
do to put America on a better track with a stronger democracy.
Now is the time for all good
Americans to come to the aid of their constitutional republic. Let you,
presidential candidate John Edwards, take the initiative by becoming
the first presidential candidate to take a stand on this issue. Please
defend OUR Constitution. Do we really have a country where the rule
of law is sacred?
If as you say “tomorrow
begins today,” then please begin the national movement for an
Article V convention to make a better tomorrow for we the people. Your
courageous stand could compel the new Congress to hold hearings on this
issue. Let those who believe in totally ignoring Article V and the states’
and the public’s right to a convention testify publicly and try
to defend their position. I await your reply. The country awaits your
leadership.
[Many sources of information on the Article V issue are on www.article5.org.
Known as Democracy’s Mr. Fix It, Joel S. Hirschhorn is the author
of Delusional Democracy – Fixing the Republic Without Overthrowing
the Government; www.delusionaldemocracy.com.]
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