The patriotic framework better gets to the root of the problem from a rule of law perspective. Rather than condemn convention opponents as irrational or ignorant, we condemn unpatriotic constitutional hypocrites. When they openly oppose the convention option they are constitutional traitors.
With the patriotic framework we take advantage of frequent strong public support for constitutional amendments not proposed by Congress, including these: In 1996, 74 percent of Americans favored a constitutional amendment to limit the number of terms that members of Congress and the US Senate could serve. In 2005, 76 percent favored an amendment to allow voluntary prayer in public schools, and in 1983 81 percent favored it. In both 2000 and 2004 61 percent favored amending the Constitution so that the presidential candidate receiving the most popular votes would win, replacing the Electoral College. In 1995, a balanced budget amendment passed the House but failed to meet the two-thirds requirement in the Senate by a single vote; this year there is a strong national movement to get it and a number of other amendments that would surely earn broad public support.
The basis for the new framework is this: Virtually everyone professes respect and admiration for the US Constitution and knows that it includes a process for amending it. But if someone opposes using the Article V convention option, then he or she is an unpatriotic constitutional hypocrite. When they openly oppose a convention they are a constitutional traitor replacing the Founders thinking with theirs, putting themselves above the law.
Moreover, it is impermissible to pick and choose what parts of the Constitution are supported and obeyed. Similarly, elected public officials who swear obedience to the Constitution cannot pick and choose which parts to obey. Such behavior makes a mockery of the supreme law of the land, the rule of law, and our constitutional republic. Silence by public officials on the issue is cowardly opposition to using the convention option.
No one can accurately forecast exactly what a convention would propose, but we do know that continuation of the status quo will not eliminate the corruption and dysfunction sustained by the two-party plutocracy. The two major parties are rejected by 58 percent of the public for not effectively representing them, but a convention is far more attractive than forming a competitive third party. Many reforms can only be achieved through constitutional amendments that Congress will never propose; this is inarguable. Voting in elections to get reforms is passà ©. A hard truth to take.
Amending the Constitution in our modern world should compete with ordinary elections. With Internet news, blogging, email, tweeting, texting and myriad other forms of instant communication, holding a convention is a new way to satisfy public thirst for true reforms, not promises. Amending the Constitution can be done relatively quickly. Of the 27 amendments to the Constitution, seven took one year or less to become the law of the land because of public engagement. The 26th amendment (giving the right to vote to 18 year-olds) took only 3 months and 8 days to be ratified in 1971! Public pressure works. It will work for and against specific amendments. Americans deserve the constitutional opportunity that Congress has deprived them of.
Americans must be taught this: Just by being in the Constitution the convention option demands public support. Citizens are obliged to support it. People cannot be allowed to have it both ways and be two-faced and hypocritical. Embrace the convention option or be openly and aggressively condemned for unpatriotic hypocrisy and behavior that undermines the sanctity of the Constitution and the rule of law, both crucial for maintaining the integrity of our republic.
Trust is the crucial issue. So many Americans have lost trust in their government and politicians but far less so in their Constitution. Trusting the Constitution means trusting the Founders' wisdom in providing the Article V convention option. They anticipated the day when citizens would lose trust in the federal government, which has surely arrived. The convention option bypasses Congress, the President and the Supreme Court; it gives power to the states and citizens. Wisely, ratification by the states is required for any proposed amendments from a convention, providing a hedge against dangerous amendments. When it comes to reform and making government work for we the people, the greatest risk for the nation is not using the convention option.
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