September 4, 2014

Is It Time to Propose More Constitutional Amendments?

Outgoing Sen. Tom Coburn says the time has come for an Article V convention.

In the U.S. Constitution, America’s Founding Fathers crafted the world’s preeminent governing document securing Liberty. Yet they also understood their work wasn’t perfect, and thus they created an avenue for amending it. Unfortunately, for most of the last century, the Left discarded the amendment process in favor of adopting what they call the “living constitution” – a malleable document that means whatever they want it to mean at the time they want to mean it.

Outgoing Sen. Tom Coburn (R-OK) says the time has come to rectify some of the wrongs done by calling for an Article V convention to propose amendments to the Constitution. That is different from a constitutional convention in which a new document would be written.

Article V of the document lays out the process for amendments: “The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, 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, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress.”

All 17 amendments enacted after the Bill of Rights were accomplished through the first of the two constitutional methods prescribed – two-thirds of both houses passing an amendment. There has never been a convention held upon application by the states.

But Coburn is aiming high. “I think [George] Mason was prophetic that we would devolve to where the federal government became too powerful, too big and too unwieldy,” he said. “That’s why he put Article V in.” There are specific things Coburn wants, too. “I think we ought to have a balanced budget amendment,” he asserted. “I think we ought to have term limits. I think we ought to put a chokehold on regulation and re-establish the powers of the Congress.”

The last item is of utmost concern given the imperial presidency of the last six years. As The Hill notes, “President Obama’s use of executive action to pursue an array of policy goals related to climate change, immigration and healthcare reform has precipitated what many conservatives are calling a constitutional crisis.”

It’s not just conservatives. Liberal law professor Jonathan Turley of George Washington University, a long-time Obama supporter, warned recently, “We are seeing the emergence of a different model of government, a model long-ago rejected by the framers.” Turley added that we have “a system that is in crisis.” In fact, he argued, “The president’s pledge to effectively govern alone is alarming, and what is most alarming is his ability to fulfill that pledge. When a president can govern alone, he can become a government unto himself, which is precisely the danger the framers sought to avoid.”

Coburn knows a convention would never succeed if it becomes only a way to push for partisan changes. Lawrence Lessig, a liberal professor at Harvard Law School, supports a convention, though he agrees with Coburn that politicizing it would guarantee failure. Lessig says, “The legitimate constitutional questions that are being put on the table are questions about the balanced budget, the size of government … as well as the integrity of the electoral process. That’s the stuff the people on the left are talking about.”

All conservatives see a federal government that has completely disregarded the Constitution and Rule of Law, yet many see problems with calling an Article V convention. Amending the Constitution assumes, first of all, that the federal government would abide by those amendments when it has clearly not remained within current bounds. A convention also opens the door to undesirable changes (Democrat efforts to stifle free speech, for example) – but then again, so did starting a revolution. That said, any proposed amendments would still have to clear three-fourths of the states.

(As an alternative to Coburn’s proposal, Mark Alexander has suggested a Constitutional Confederation.)

In the words of George Washington, “The basis of our political systems is the right of the people to make and to alter their Constitutions of Government. But the Constitution, which at any time exists, ‘till changed by an explicit and authentic act of the whole People, is sacredly obligatory upon all.”

Coburn’s idea has its merits, but our primary hope in restoring that truth is educating the American people about Essential Liberty and in electing representatives, including at the state level, who will honor their oath to “support and defend” the Constitution, and then to hold those government officials accountable.

As was the case at the dawn of American Liberty, we are but a small band of American Patriots facing an empire of statists, but we remain steadfast in our sacred oath to support and defend the Constitution.

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!


The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2024 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.