By Senator Tom Brewer
I was recently contacted by a Nebraska resident who complained about my support for the Convention of States (COS) initiative. They argued the process was illegitimate and dangerous and could lead to a run-away convention wiping out our beloved constitution, etc. Over the years I have devoted a number of these weeklies to this topic, so here goes.
It is a tediously common tactic by several different political organizations to gaslight people into believing the convention of states is a dangerous idea. I urge people to read the plain language of Article V. It allows for two-thirds (34) of the states to “propose” amendments. Nothing more. The amendment still must be ratified by three-fourths of the states (38).
As has been demonstrated by two mock conventions; the far greater likelihood is you cannot get at least 26 states to agree on anything, let alone wiping out the existing federal Constitution. The idea the convention would “run-away” is scaremongering from groups that profit from a large and rapacious federal government. Congress has proposed 33 amendments since the birth of our nation. The states have ratified 27 of them. The process clearly works, and the States have a sovereign, constitutional right to do so. Several amendments are urgently needed.
History records that on the second to the last day of the constitutional convention, the delegates were reviewing the final draft of the constitution. Not much was on the agenda. It was going to be a light day before the big finish the following day when George Washington would adjourn the convention Sini Die.
George Mason realized the article V in the Virginia plan that had earlier been adopted by the committee, had been modified. During Hamilton’s brief time at the constitutional convention, he argued against giving the states the ability to amend the constitution, so a pen-and-ink change to the draft constitution was made to placate him. He really did not want congress to have much power either. Hamilton wanted Washington to be anointed an imperial president with the divine right of a sovereign king.
Instead of argue with him, because everyone knew he was Washington’s favorite son, the other delegates let him depart for New York, which he did soon enough, but the draft language never did change back.
Mason pointed out this error, and he also made the obvious point that the several states are sovereign, and are the creator of the federal government. Not giving States the ability to propose amendments to the federal constitution they had just created had utterly zero support among the delegates.
Of the hundreds of motions and amendments heard and debated during the constitutional convention, Mason’s amendment restoring the article V language to what we have today was passed unanimously without debate. All thirteen States declared at the convention in Philadelphia that they are sovereign, and they will reserve the right to call a convention and propose amendments to the federal constitution if two-thirds of them so choose.
I think the day George Mason feared has arrived. I am glad nineteen states have passed and sent resolutions to congress. Fifteen more are needed. The States must rein-in the marauding federal creature they created. The proper constitutional role of our federal republic is limited to just a few “enumerated” powers. This limited role must be restored for our republic to thrive. The States are the only ones strong enough to do it.
Please contact my office with any comments, questions, or concerns. Email me at tbrewer@leg.ne.gov, mail a letter to Sen. Tom Brewer, Room #1423, P.O. Box 94604, Lincoln, NE 68509, or call us at (402) 471-2628.