Runaway
American Brainwashing
By Joel S. Hirschhorn
18 January, 2007
Countercurrents.org
You
may not want to know this. Americans have been successfully brainwashed
to fear exactly what their revered Constitution gives them the right
to have. Those smart Framers of the Constitution decided that we needed
exactly what the establishment, pro-status quo elitists who run our
plutocracy do NOT want us to have. There is even a well funded semi-secret
group organized to prevent what we the people have a right to.
Has the brainwashing worked?
You bet it has. In the absence of public furor, for over 200 years Congress
has not done what Article V of the Constitution says it “shall”
do. Congress has never issued a call for an Article V convention of
state delegates to consider constitutional amendments, in response to
two-thirds of state legislatures asking for one. That numeric requirement
– the only specified requirement in Article V – has been
satisfied, with 50 states submitting over 500 requests. Such a convention
operating under authority of the Constitution would be a fourth, impermanent
branch of the federal system, not beholding to the three permanent branches.
Such independence has been cartooned into a frightening monster.
There is no uncertainty about
what the Framers thought the nation needed. They wrote in crystal clear
language a two-step process for amending the Constitution. First, craft
proposals for possible amendments. Either Congress can do it or an Article
V convention of state delegates can. Second, ratify proposed amendments
by three-quarters of the states, either through their legislatures or
state conventions, as Congress chooses. The Framers believed that Americans,
acting through large numbers of state legislators, deserved a way to
circumvent the excessive power of Congress or its refusal or inability
to satisfy sovereign citizens – their bosses. No role was given
to the federal judiciary and executive branch in amending the Constitution.
An Article V convention is
a clear threat to the political, social and economic establishment exerting
self-serving influence on Congress. It can put into public debate ideas
for amending the Constitution that threaten established political forces,
both liberal and conservative. Acting independently, it can courageously
propose amendments without interference from status quo defenders.
So, not surprisingly, many
persons and groups holding power oppose an Article V convention. How
have they brainwashed Americans to fear such a convention? They fostered
the image of a “runaway convention” – something to
fear on a par with fears of a physical attack on the nation by foreign
enemies or terrorists. How could something placed into our Constitution
to thwart an ineffective federal government be turned on its head to
become such a feared threat?
Clever people grasped onto
a historical fact and extrapolated it into a phantasy nightmare. In
fact, the nation’s first and only constitutional convention was
a runaway. Rather than do what had been planned for it – namely
to modify the Articles of Confederation that first tied the states together
– the state delegates constructed what we have for over two hundred
years worshipped: the U.S. Constitution. Those rascal Framers created
a strong federal government that not everyone at the time wanted. The
anti-status quo guys won.
Backstage power brokers have
never wanted another convention that might change the political system
they expertly corrupt and control. They made people believe that a convention
could destroy their cherished, constitutionally protected rights and
freedoms. Or, equally bad, strange amendments would overturn the structure
of our federal government and throw the nation into chaos and destroy
our lauded political and governmental stability.
Is there any supporting evidence
for fearing an Article V convention? No. To the contrary, there are
solid reasons for demanding it.
First, there have been many
state constitutional conventions and a huge number of amendments to
state constitutions. Look around. Our states and their governments have
not been ruined. Conventions were not hijacked and turned into weapons.
And the first national constitution convention was hugely successful,
even if it was a runaway, telling us that the good is the enemy of the
better.
Second, the requirement that
three-quarters of the states must ratify any specific amendments produced
by an Article V convention provides a safety net. This is such a high
hurdle that it is crazy to believe that truly awful amendments could
ever become permanent changes to our Constitution. Anyway, when an amendment
not worthy of retaining has happened, it was fixed through another amendment.
Third, the nation’s
first Article V convention would be so unique and of such historical
significance that in our modern age of media and Internet communication
there would be a solar-bright light on all its activities, from the
election of state delegates to their debates and final amendment proposals.
In fact, this temporary fourth branch of our federal system would be
under more public scrutiny and less susceptible to corruption than our
present, permanent branches of government.
Fourth, we should reject
the indirect way of changing our constitution, namely through interpretations
and judgments by those few non-elected, political appointees that serve
on the Supreme Court. Plus, as President George W. Bush has demonstrated,
a runaway CEO of our nation along with an ineffective Congress can take
big bites out of our constitutional rights and protections and suffer
no consequences.
Fifth, while it is true that
we have had considerable political and governmental stability, we have
paid a heavy price for it: namely a permanent culture of corruption,
lying and deception that have danced around our constitutional protections
and riddled American democracy with hypocrisy. Too much stability has
turned our democracy into a plutocracy and a convention could consider
remedies.
Sixth, the majority of Americans
are independents, not loyal Democrats or Republicans, and only an Article
V convention offers a truly independent route to addressing intransigent
root problems that the political system under two-party control has
allowed to fester.
Seventh, the congressional
experience with proposing amendments has shown that though many may
be considered, few survive. Over 11,000 have been considered by Congress,
but only 33 reached the ratification phase, and only 27 were ratified
– very few in the last 100 years. [The last amendment was finally
ratified in 1992 – 203 years after it was first proposed by Congress!]
Why should we think that a convention would agree on a huge number of
amendments? With all America watching, delegates that know their states
would focus on a few critical amendments likely to be ratified.
Lastly, what about that semi-secret
group that was created to block attempts to amend our Constitution?
Few know about The Constitution Project (www.constitutionproject.org),
“that urges restraint in the constitutional amendment process.”
It was formed in 1997 to “oppose the facile rewriting of the U.S.
Constitution.” They fear “unthinking tinkering with fundamental
rights and liberties” – actually, amendments on social and
fiscal issues from conservatives. It has been funded by The Century
Fund, a liberal group. The nearly 70 members in the constitutional amendments
initiative are true status quo elites. Many were members of Congress
or presidential appointees. They produced guidelines for evaluating
possible amendments that, as discussed in “The Second Constitutional
Convention” by Richard Labunski, were formulated to defeat attempts
to amend the Constitution.
On the political right, the
John Birch Society has consistently pushed the Big Runaway Lie and said
the “prospect [of a convention] is ominous.” “We do
not believe that, under today’s mentality and morality, the nation
can handle that much sovereignty in one place.” To support their
position, they cite elites: Conservative U.S. Supreme Court Chief Justice
Warren Burger said “there is no effective way to limit or muzzle
the actions of a Constitutional Convention. The Convention could make
its own rules and set its own agenda. Congress might try to limit the
Convention to one amendment or to one issue, but there is no way to
assure that the Convention would obey.” Liberal Supreme Court
Justice Arthur Goldberg said “one of the most serious problems
Article V poses is a runaway convention. There is no enforceable mechanism
to prevent a convention from reporting out wholesale changes to our
Constitution and Bill of Rights. …delegates could put a runaway
convention in the hands of single-issue groups whose self-interest may
be contrary to our national well-being.” Ardent right-wingers
admire what a joint congressional resolution said in 1935: "The
government of the United States is not a concession to the people from
some one higher up. It is the creation and the creature of the people
themselves, as absolute sovereigns." Yet, they do NOT trust we
the people to exercise our sovereignty and be smart enough to make a
convention work in the public interest!
There are, luckily, pro-convention
advocates. Listen to the wise words of Judge Thomas Brennan, former
Chief Justice of the Michigan Supreme Court and Dean Emeritus and President
of Thomas Cooley Law School in Lansing, Michigan: “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.” Amen.
Despite the truth, opponents
to an Article V convention have successfully framed the issue in the
public consciousness. A highly negative status quo bias belief has been
cemented into many minds – but not everyone. Even when confronted
with pro-convention information, brainwashed people fall victim to the
pain of cognitive dissonance. The truth is blocked out to minimize discomfort.
They stay fixated with the implanted Big Runaway Lie that a convention
will harm the nation. For those that let in objective reality, angry
dissent must fuel demand for one.
Where do we go from here?
If respect for our Constitution and our sovereign selves prevails, pro-convention
patriots must work extra hard to move the nation towards an Article
V convention. The first battle is to get a convention. The second challenging
battle is to prevent a convention from being abused and co-opted by
the power elites that would be out for blood after failing to prevent
a convention. A high level of public support is critically needed to
win both battles. To win the first battle, the smart strategy is not
to let people become sidetracked about specific possible amendments.
Those who have fostered the Big Runaway Lie will surely posit some terrible
possible amendments – ones that would immediately frighten and
alienate huge numbers of Americans. Public fear is their weapon.
Back to reality: What we
now have, along with runaway public distrust of government, is runaway
political disengagement as evidenced by low voter turnout, runaway disgust
with both the Republican and Democratic Parties, runaway economic inequality,
runaway corruption of government by corporate and other special interests,
and runaway mainstream media dysfunction – a corporate press more
than a free press. The only thing Americans should fear is more of the
same.
Can people purge their brainwashing?
Only if they confront the false status quo bias belief and acknowledge
that power elites did it to maintain a system they manipulate. To be
against a convention is to stay a victim. Let the truth set you free.
Do not fear the second American constitutional convention. Embrace it.
Do not worry about a convention being hijacked. Instead, stay focused
on this ugly truth: America has already been hijacked by corporate and
other special interests on the left and right, along with their sycophant
corrupt politicians. Stay vigilant! Because power elites will use every
dirty trick imaginable to instill fear about a convention and then to
undermine it, should they lose the first battle.
Come work for an Article
V convention to reboot American democracy and provide a transfusion
into the body politic through a heavy dose of transparent direct democracy.
Help the USA remain committed to the rule of law. Compel Congress to
respect what is clearly stated in the Constitution, and the meaning
of “shall.”
The Supreme Court decides
whether laws passed by Congress are or are not constitutional. But it
refuses to tell Congress and the nation that Congress’ refusal
to call an Article V convention is unconstitutional. What happened to
checks and balances? Maybe Supreme Court Justices have also been brainwashed,
or like members of Congress don’t want to risk losing their power.
The bitter truth is that
literally every individual, group and institution now holding real power
opposes a second national constitutional convention. Does that make
the quest for a convention futile? Only if one gives up on the supermajority
of Americans that should, for their own sake and the sake of future
generations, want a convention. Elitists have much to lose. Everyone
else has much to gain.
The fight for American democracy
is not over. Our Founders fought British oppression and now we must
fight congressional oppression. Can nonviolent collective action produce
an Article V convention? Only if each of us says “yes!”
And then help spread an idea virus to reach a tipping point among we
the people: Millions of Americans must tell state legislatures and congressional
delegations they demand a convention. Tools may include citizen state
petitions on the Internet and thousands of community meetings arranged
through meetup.com. Such activities and a convention itself would provide
what many believe the Framers intended to create: a deliberative democracy.
On the occasion of the 200th
anniversary of the Constitution, esteemed political scientist James
MacGregor Burns, warned that “major changes will not be made until
there is a severe crisis – at which time we might open the floodgates
to reckless constitutional change.” Instead, he advised taking
thoughtful action now. “We must all become framers,” he
advised.
To keep working on the goal
of forming “a more perfect Union,’ and as a political necessity
and a moral obligation, we OUGHT to have a second national constitutional
convention – which means we the people CAN have one. Simply put,
an Article V convention is all about “power to the people.”
Either you believe in it or you don’t. The people who created
our nation and Constitution believed in it. They gave us Article V.
Our elected MISrepresentatives in Congress and their masters don’t
believe in it. They won’t willingly give us a convention. We have
a runaway Congress. That’s what’s frightening. And that’s
why we must fight for a convention.
[The author’s new book
Delusional Democracy – Fixing the Republic Without Overthrowing
the Government supports constitutional conventions and other peaceful
ways to restore American democracy: www.delusionaldemocracy.com. To
join the pro-convention effort or discuss issues write the author: articlev
at gmail dot com]
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