Title: A Solution As Big As The Problem
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A Solution As Big As The Problem By Michael Farris, JD, LL
Created: 2024-02-07 17:16:55
Updated: 2025-02-07 19:00:00
Published: 2024-02-07 03:00:00
Converted: 2025-04-14T20:15:45.729694654
The protection of liberty
requires a strict adherence
to the principle that power
is limited and delegated.
A SOLUTION AS BIG AS THE PROBLEM
Michael P. Farris, JD, LLM, Convention of States Action — Senior Fellow for Constitutional Studies
Updated November 2022
We See Four Major Abuses Perpetrated
by the Federal Government.
These abuses are not mere instances of
bad policy. They are driving us towards
an age of “soft tyranny” in which the
government does not shatter men’s wills
but “softens, bends, and guides” them.
If we do nothing to halt these abuses, we
run the risk of becoming nothing more
than “a flock of timid and industrious
animals, of which the government is
the shepherd.” (Alexis de Tocqueville,
Democracy in America, 1840)
1. The Spending and Debt Crisis
The national debt is staggering, but
it only tells part of the story. Under
standard accounting practices, the federal
government owes trillions more invested
Social Security benefits and other
programs. This is why the government
cannot tax its way out of debt. Even if it
confiscated everything, it would not cover
the debt.
2. The Regulatory Crisis
The federal bureaucracy has placed a
regulatory burden upon businesses that is
complex, conflicted, and crushing. Little
accountability exists when agencies—
rather than Congress—enact the real
substance of the law. Research from the
American Enterprise Institute shows
that, since 1949, federal regulations have
lowered the real GDP growth and made
America poorer.
3. Congressional Attacks on State
Sovereignty
For years, Congress has been using
federal grants to keep the states under
its control. Combining these grants
with federal mandates (which are rarely
fully funded), Congress has turned state
legislatures into their regional agencies
rather than respecting them as truly
independent republican governments.
A radical social agenda and an invasion of
the rights of the people accompany all of
this. While significant efforts have been
made to combat this social erosion, these
trends defy some of the most important
principles.
4. Federal Takeover of the Decision-
Making Process
The Founders believed that the
structures of a limited government
would provide the greatest protection of
liberty. Not only were there to be checks
and balances between the branches of
the federal government, but power was
to be shared between the states and
federal government, with the latter only
exercising those powers specifically
granted in the Constitution.
Collusion among decision-makers in
Washington, D.C., has replaced these
checks and balances. The federal judi-
ciary supports Congress and the White
House in their ever escalating attack upon
the jurisdiction of the fifty states.
We need to realize that the structure of
decision-making matters. Who decides
what the law shall be is as important as
what is decided. The protection of liberty
requires a strict adherence to the principle
that power is limited and delegated.
Washington, D.C., does not believe in this
principle, as evidenced by an unbroken
practice of expanding the boundaries
of federal power. In a remarkably frank
admission, the Supreme Court rebuffed
a challenge to federal spending power,
despite acknowledging that power had
grown far beyond the bounds envisioned
by the Founders.
What Does this Mean?
This is not a partisan issue. Washington,
D.C., will never voluntarily relinquish
meaningful power—no matter who is
Continued on back page
elected. The only rational conclusion is
this: Unless some political force outside
of Washington, D.C., intervenes, the fed-
eral government will continue to bank-
rupt this nation, embezzle the legitimate
authority of the states, and destroy the
liberty of the people. Rather than secur-
ing the blessings of liberty for future gen-
erations, Washington, D.C., is on a path
that will enslave our children and grand-
children to the debts of the past. The
problem is big, but we have a solution.
Article V gives us a tool to fix the mess
in D.C.
Our Solution Is Big Enough to Solve the
Problem
Rather than calling a convention for
a specific amendment, Convention of
States Action (COSA) urges state legisla-
tures to properly use Article V to call a
convention for a particular subject—re-
ducing the power of Washington, D.C.
It is important to note that a conven-
tion for an individual amendment (e.g.,
a Balanced Budget Amendment) would
be limited to that single idea. Requiring
a balanced budget is a great idea that
COSA fully supports. Congress, howev-
er, could comply with a Balanced Budget
Amendment by simply raising taxes. We
need spending restraints as well. We need
restraints on taxation. We need prohibi-
tions against improper federal regulation.
We need to stop unfunded mandates.
A Convention of States needs to be called
to ensure that we are able to debate and
impose a complete package of restraints
on the misuse of power by all branches of
the federal government.
What Sorts of Amendments Could Be
Passed?
The following are examples of amend-
ment topics that could be discussed at a
convention of states:
• A Balanced Budget Amendment
• A redefinition of the General Welfare Clause
(the original view was that the federal gov-
ernment could not spend money on any topic
within the jurisdiction of the states)
• A redefinition of the Commerce Clause (the
original view was that Congress was granted a
narrow and exclusive power to regulate ship-
ments across state lines–not all the economic
activity of the nation)
• A prohibition on using international treaties
and law to govern the domestic law of the
United States
• A limitation on using executive orders and
federal regulations to enact laws (since Con-
gress is supposed to be the exclusive agency
to enact laws)
• Imposing term limits on Congress and the
Supreme Court
• Placing an upper limit on federal taxation
• Requiring the sunset of all existing federal
taxes and a super-majority vote to replace
them with new, fairer taxes
Of course, these are merely examples of
what would be up for discussion. The
Convention of States itself would deter-
mine which ideas deserve serious consid-
eration, and it would take a majority of
votes from the states to formally propose
any amendments.
The Founders gave us a legitimate
path to save our liberty by using our
state governments to impose binding
restraints on the federal government.
We must use the power granted to the
states in the Constitution.
(540) 441-7227 | COSACTION.COM | Facebook.com/COSAction | Twitter.com/COSAction
Founders gave us a
legitimate path to save our
liberty. We must use the
power granted to the states
in the Constitution.