11/26/22

Convention of States too risky in wake of Big Lie

The United States Constitution is the finest legal instrument ever created by the human hand but when it was written the Federalists argued for a strong central government with co-equal branches. Today neo-Federalists advocate for a weaker central government with a strong unitary executive. Tribes are bound by the Supremacy Clause just like individual states are.
[The US Constitution is on] par with the Magna Carta and believed by many to have been divinely inspired. Holding a new constitutional convention today, as some are suggesting, could end up being a disaster. Again, on Dec. 8, 2015, Justice Scalia repeated his warning against a new convention when he warned the Federalist Society that “A Constitutional Convention is a horrible idea. This is not a good century to write a constitution.” An organization calling themselves the Convention of States (COS) has been promoting the idea that the answer to all our nation’s problems can be solved by having 34 states apply to Congress under Article V to convene a Constitutional Convention (Con–Con). An Article V Convention cannot be limited. James Madison, father of the Constitution, warned in 1788 that a second convention “would no doubt contain individuals with insidious views seeking to alter the very foundation and fabric of the constitution.” [Guest column: An Article V Constitutional Convention would be very risky]
It seems important to add that until Justice Clarence Thomas’ tenure the late Justice Antonin Scalia had been the longest serving member of the Court. Scalia resided in McLean, Virginia, and was a devout, traditionalist Catholic uncomfortable with the changes in the Church caused by Vatican II. He preferred the Latin Mass and drove long distances to parishes which he felt were more in accord with his beliefs. 
Who is on board with Convention of States Action? These names may ring a bell: Texas Governor Greg Abbott, former Florida Governor Jeb Bush, Dr. Ben Carson, Iowa conservative radio host Steve Deace, former U.S. Senator Jim DeMint, Florida Governor Ron DeSantis, U.S. Representative Louie Gohmert of Texas, conservative personality Sean Hannity, former Arkansas Governor Mike Huckabee, former Louisiana Governor Bobby Jindal, Donald Trump's former chief of staff Mark Meadows, former Alaska Governor Sarah Palin, Senator Rand Paul of Kentucky, Senator Marco Rubio of Florida, and former Senator Rick Santorum of Pennsylvania. [Steve Corbin]
The national Republican Party is in a box. If they don't nominate Donald Trump as their guy in 2024 he will run an unaffiliated campaign and they'll lose the White House anyway so GOP support to block him under the Fourteenth Amendment looks like its best course but don’t expect a sitting Republican to bring it up.

George Washington was a warlord because enslaved people afforded him cannon, muskets, powder and ball. And, if they were alive today he and President Jefferson would be horrified to learn the US is operating on a manual written in the Eighteenth Century. Abraham Lincoln and Theodore Roosevelt would be putting American Indigenous in concentration camps arguing it’s for their own protection. 

But prohibition won't work. Yes, bullying can lead to massacres and when the US ended the draft in 1973 the number of mass shootings began to rise so Congress should enact compulsory military service or police training as one way to slow gun violence. Enlistment could look like the Swiss model where soon after high school eighteen year olds would join for two years then re-up or enroll in the college or vocational training of ones choosing. 

Raise the civilian age of possession, operation and ownership of all firearms to 21, levy 100% excise taxes on the sales of semi-automatic weapons then tag the revenue for Medicaid expansion so parents have the resources to address the devastating effects of Fox News on American youth.

If it were possible and the oligarchs wouldn’t hijack a Convention of States a rewrite of the Second Amendment would be at the top of my list. 

Anyway, thank you again, Nino Scalia, for reminding us why Democrats need to control not just the federal bench but every court in every jurisdiction.

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