Timothy N. Baldwin, JD.
March 8, 2014
I am happy to see the Article V movement increasing. It is the epitome of self-government and political will of the people of these States. Obviously, Article V opponents do not see it this way. They describe Article V almost in religious terms as being the demise of all that is holy. Article V opponents have a different vision of America’s future compared to those who see the necessity of using Article V.
I am going to test Article V opponent’s philosophy, however, with this article and show that their opposition to Article V actually opposes their self-declared principles of State rights and self-determination. In the end, I will show that the only thing driving their opposition is fear and not hope in principles of liberty.
For purposes of demonstrating my point, I will assume (though I do not agree with) the virtually-impossible: that an amendment convention would “runaway” from the purpose for which the convention was called and would propose to the States an entirely new constitution—one that presumably is HORRIBLE (to Article V opponents).
So, what happens when acceding States ratify a new constitution?
Despite the unfounded hype of Article V opponents, the Constitutional Convention of 1787 and its results show us reality. Namely, a proposed constitution would be advisory only and would not be binding on any State that did not ratify it--even if other States ratified it and reached the number of States necessary to bring the constitution alive (according to the new constitution’s ratification clause).
For example, say the amendment convention turned into a constitutional convention, proposed a new constitution, and required, say, 26 states (a simple majority) to ratify it before the new constitution became effective. Say 26 States ratified the new constitution (acceding States), but 24 States did not (the dissenting States). The result: the 24 dissenting States would remain under the Constitution, and the 26 acceding States would become a part of a new union under a new constitution. In reality, the 26 acceding States would be seceding from the Constitution; while the 24 dissenting States would remain connected under the existing Constitution.
Does one really think that all 50 States will abandon the Constitution to ratify a new (worse) constitution? This will not happen! There will be a sizeable number of people and States that choose the limited government model of the Constitution, and many people will move to those States for that purpose, thus strengthening the Constitution’s movement. Knowing this reality, let’s discover how this applies to today’s political plight and the remedies the States should consider.
Multiple Unions in America: The Past, the Present
Considering America’s history alone, a constitutional convention resulting in more than one union is not far from reality. James Madison foresaw more than one union existing in the United States under the Articles of Confederation. When times were really bad under the Articles, the States knew they had to do something, and Madison observed the public sentiment during that day. Madison said,“the bulk of the people will probably prefer the lesser evil of a partition of the Union into three more practicable and energetic governments.”
This same sentiment continued and even spread after the Constitution was proposed to the States for ratification in 1787. Alexander Hamilton observed in Federalist Paper 2 that many notable statesmen “suggested that three or four confederacies would be better than one.” The reason many of them preferred this was because they believed one union would be too large for the federal government to handle well in republican form. (And, this was even when they only had 13 States under much more simplistic, homogenous circumstances.)
Political Science 101: the larger and more complex the society, the less influence and control each part has over the whole. In truth, many of America’s political experiences today have more to do with the nation’s characteristics in correlation with the Constitution’s natural limitations than with political corruption (that is for another article). Hoping thus for more meaningful control over the respective central governments, 1787 statesmen preferred smaller, separate unions.
Perhaps we have come full circle because political commentators today observe the same solution. Some are suggesting that the States form more than one union; let the “Red” and “Blue” States go their separate ways. Let there be peace. Reported by the World Net Daily, notable conservative, Walter Williams recently advocated such a remedy:
If one group of people prefers strong government control and management of people’s lives while another group prefers liberty and desires to be left alone, should they be required to enter into conflict with one another and risk bloodshed and loss of life in order to impose their preferences on the other group? Yes or no. My answer is no; they should be able to peaceably part company and go their separate ways.
In today’s political climate (given our secession history of the 1860s), the only way different unions could be formed peacefully is through a constitutional convention.
Article V Opponents Oppose Self-Determination Through A Convention
By opposing a constitutional convention, Article V opponents deny the States’ right to secede through a convention, which is the best and most peaceful method of secession—something Abraham Lincoln admitted in his First Inaugural Address. Article V opponents oppose this even though most of them admit the all-encompassing scope of States rights, including the right of secession.
Let me shine more illegitimacy to Article V opponents. If Article V in fact authorizes an amendment convention to “runaway” and to propose a new constitution (as Article V opponents declare) this necessarily means that the Constitution permits secession through Article V. Let me say it again, if Article V allows for a constitutional convention to propose a new constitution, then Article V is the constitutional method for secession!
Do Article V opponents believe Article V permits secession? If Article V opponents deny this, they deny that the States have a right to secede from the union and admit that Article V does not authorize a “runaway” convention, which means the States and Congress may legally stop the “runaway.” Thus, they should be advocating Article V to limit federal power.
Additionally, if Article V opponents admit the right of individual secession (which many do), they must also admit the right of collective secession as demonstrated by the States in 1787 when they seceded from the Articles and ratified the Constitution. Moreover, if they admit the right of secession through a State’s single act, they must admit the States’ right to secede through Article V.
All the truth notwithstanding, Article V opponents will deny the States their right of self-determination through a constitutional convention (which is, to them, Article V). Article V opponents are at a constitutional junction, and both directions condemns their rhetoric and logic. Thus, they should cease all of their talk of State rights because they prove themselves hypocrites.
If our nation’s survival is on a short rope (as many of Article V opponents proclaim), there is not enough time to fix America using their method. Yet, they insist on the unworkable. By their own logic, America will fall before the fix. This means that the States are ultimately headed for a constitutional convention regardless of their “safe” methods. Yet, who are they preparing for such a day? No one. Sadly, they offer no solutions and foolishly lambast advocates of Article V.
They insist that America change its direction but they deny the real methods of doing it. They claim today’s Americans are too dumb, yet they failed to do what needed to be done generations ago. They claim my parents’ and grandparents’ generations were so much more moral and educated, yet their generations were perhaps the most apathetic of any American generation and led us to our current conditions.
They reject an obvious and necessary constitutional remedy because George Soros supposedly wants to use it for his purposes. They pick and choose their conspiracy theories instead of imposing a conspiracy theory of why Soros would do this (i.e. fake out, infiltration, subversion, etc.). They choose to lie down in fear and use much-needed energy in the liberty movement to actively oppose Article V—the expressed remedy for the States to control the federal government.
They claim the Declaration of Independence. They quote countless statements of the Founders. They glorify how brave the Founders were to take the steps necessary to create the United States. Yet they refuse the actions that brought to life those words and ideas. In short, they have a form of patriotism but deny the power thereof.
Article V opponents, you may be scared of exercising the tools of self-government, but there is a growing number of Americans who choose a better motivator to act than fear: they choose hope.
� 2014 Timothy N. Baldwin, JD - All Rights Reserved
This, of course, assumes the United States Congress would not oppose the
secession of the 26 States, would not invade their States to force union
upon them, and would recognize their new union as a separate nation.
2. Madison letter of February 24, 1787 to Pendleton, in Rossiter, 1787, p. 72, cited in Weber, Paul; Perry, Barbara, Unfounded Fears, (Praeger Publishers, New York, NY, 1989), 18.
Timothy Baldwin, born in 1979, is an attorney licensed to practice law in Montana (and formerly Florida) and handles a variety of cases, including constitutional, criminal, and civil. Baldwin graduated from the University of West Florida in 2001 with a Bachelor of Arts (BA) degree in English and Political Science. In 2004, Baldwin graduated from Cumberland School of Law at Samford University in Birmingham, AL with a Juris Doctorate (JD) degree. From there, Baldwin became an Assistant State Attorney in Florida. For 2 1/2 years, Baldwin prosecuted criminal actions and tried nearly 60 jury trials. In 2006, Baldwin started his private law practice and has maintained it since.
Baldwin is a published author, public speaker and student of political philosophy. Baldwin is the author of Freedom For A Change, Romans 13-The True Meaning of Submission, and To Keep or Not To Keep: Why Christians Should Not Give Up Their Guns–all of which are available for purchase through libertydefenseleague.com. Baldwin has also authored hundreds of political articles relative to liberty in the United States of America. Baldwin has been the guest of scores of radio shows and public events and continues to exposit principles which the people in America will need to determine its direction for the future.
Web site: libertydefenseleague.com