Month: December 2016

The Trump coalition has taken over, and I am part of a small faction within that coalition.  I’m a libertarian and a constitutional conservative, and there just aren’t very many of us.  Hell, I didn’t even vote for Trump, but that was personal. As voters, there aren’t enough of us to matter.

But because we understand the Constitution we have an important role to play.  One of us will be appointed to the open Court seat, and we’ll get all the other Supreme Court vacancies as well.  I’d like to see Cruz get Scalia’s seat.  It would be a big hearted move, and we need all of that we can get.  Regardless, we’re the ones who care about the Constitution, and as long as we get the Court we’re relatively satisfied.

I saw Steve Ballmer on Fox Business today, and he said the words I’ve been waiting for weeks for a Democrat to say.  He said, “We need to balance the budget.”  Ballmer is Microsoft, the 22nd richest man in the world, and a brilliant and well connected Democrat.  When he speaks, I listen.  That wasn’t an offhand comment.  And it could have major implications for the Reagan Project.

I haven’t heard a Democrat talk about a balanced budget in 20 years.  Democrats are the party of environmental extremists, trial lawyers and government employees.  The money comes from all three.  The greens give a lot of the cash, but the government has discovered ways that it can funnel cash to the cause as well.  When it settles a case, the federal and state governments direct large parts of the monetary settlement to favored groups, like ACORN.  Its a huge scam, and they do it all the time.

As the Party of enviros, trial lawyers, and government employees the Democrats hate balanced budgets.  The more spending, the more they get out of it.

But there are other Democrats, like Ballmer, private sector Democrats.  And they understand money.  Boy, do they understand money.  And they understand that $20 trillion in debt, with no end in sight, can not be sustained.  Because he’s a Democrat, and loyal, he kept his mouth shut during the election.  But now with Trump and the Republicans doing all the spending, he’s got no hand in the game.

So he wants a balanced budget, which means he wants a BBA, which means he’ll be in support of using Article V.

And if we can agree with him on a BBA, what else can we agree on?  Term limits, maybe?  He’d have to give up Nancy Pelosi after six more years, but by then he’ll probably  be ready to let her go.  What else could we agree on?  It would be an interesting conversation.

Ballmer thinks the internet is as revolutionary as the invention of printing, and in the same way.  The printed word, or book, was a communications revolution and led directly to the invention of science, and the modern world.  It was liberating.  It spread knowledge out from the center, dispersed it.

Just like the internet, and with the same result.  Empowerment of the individual, and the expansion of freedom.

 

 

If Congress proposes a Balanced Budget Amendment, what happens to the campaign for an Amendment Convention?  At that point, would it be moot, duplicative?

Not at all.  Whatever Congress proposes, the Amendment Convention should review.  If it finds itself, satisfied, no further action would be necessary.  But if the States are not entirely happy with the Congressional proposal, they can make one of their own. It can be a supplement to the Congressional proposal, or a substitute.  The States in assembly at the Amendment Convention will be deciding on ratification, so they’ll have a pretty good idea of what will get a 3/4 vote, and what won’t.

The first time Article V was used successfully no Amendment Convention needed to be held.  The issue back then was straightforward  — the direct election of Senators.  Once Congress proposed the 17th Amendment, an Amendment Convention would have served no purpose, and was never held.  A Balanced Budget Amendment is complicated, and the supervision of the States is needed.  Congress should be under no illusion that it can somehow prevent an Amendment Convention.  If they want to pass their own BBA, fine. The States operate independently, and in a supervisory capacity..

I gather the announcement in D.C  of the Nashville Convention was received enthusiastically, and that every Legislator who has been asked has said they’d like to attend.  Who wouldn’t want to be a part of history?

The meeting in Nashville is an organizational tool.  When you study Article V closely, and work out its implications, it’s readily apparent there are two problems, education and communication.  Implicit in Article V, and not yet realized, is a fourth branch of government.  State Legislators need to be educated on that. Some get it right away.  Others never do.

Once State Legislators are aware of Article V’s potential, they need to communicate with one another about what to do with bit.  Acting alone, no State has any power.  Acting together, their power is virtually unlimited.  At Nashville, both formal and informal networks of communication will be formed.  I think there will be a consensus that term limits comes next.  And at an Article V Term Limits Amendment Convention, the delegates can decide, formally or informally, what the third Amendment Convention will meet to consider.

We should have an Amendment Convention every other summer, in odd years, when elections aren’t coming up.  It can become part of our regular political calendar.  The reason that idea is not all just smoke is because of the kind of people who serve in State Legislatures, and will be delegates to these Conventions.  They’re all going to love doing this.  What’s not to like?  Spend a week or so in some nice State Capitol, and propose Amendments to the Constitution.  I was one of them for eight years, and I’ve met hundreds from around the country.  For these guys, this is hog heaven.

There have been almost 400 comments posted at American Thinker about my article a couple days ago.  The last one posted, earlier today, was the only one by a guy who really gets it  — the power and potential of Article V.  A lot of State Legislators don’t really get it either.  But enough do to make it happen.  And more are learning.

 

It will convene in the elegant chambers of the host, the Tennessee House of Representatives.  It will be gavelled in by Speaker Beth Harwell, seated high above the floor on her podium.  Hers will be the face of the Convention, and she could not be more perfect.   She’s an attractive and gracious Southern lady, well spoken, and accustomed to  the requirements of presiding over the 99 member House.

After she calls the Convention to order she will call the roll, alphabetically.   The head of the Alabama delegation will identify himself as a delegate chosen by the Alabama Legislature to represent it at the Convention.  He may want to say a few words, explaining why Alabama chose to attend the Convention.  Then Alaska, and through the 50 States.  Some States may have chosen not to send a delegation.   The TV audience in that State will wonder why.

On the display screen which normally displays the names of the 99 member House, and how they are voting, the names of the States will be listed instead.  When Alabama identifies itself, a green light will appear after its name, the same for Alaska, and on through the roll.  The light next to the  names of States not attending will remain dark.

All of this will be observed by people across the country.  No one has ever heard of a Convention of States, and people will be curious.  This is an historic meeting, with serious business to attend to.  Its success will be, above all, in how it is perceived by the public.  It  must all be scripted in advance, to maintain order and decorum.  In one sense, it is political theater. How does it all look?

The audience, for the very first time, will see how the Framers envisioned the country.  It was a union of the sovereign States, and when assembled they have a higher authority than Congress, the President, and the Supreme Court put together.  This Convention is for the purpose of agreeing on the forms and procedures to be used in exercising that authority.  It will set the rules, and agree on the procedures for the Article V Balanced Budget Amendment Convention, which is expected to be held later in the year.  It will also recommend to Congress where that Amendment Convention should be.

The first piece of business is the election of a Speaker of the Convention.  Another delegate from Tennessee, probably from the Senate, will call for  nominations.  If someone, for some megalomaniacal reason, wants to replace Speaker Harwell in the Chair, they’ll have to explain why.  It’s her chamber, she belongs in the Chair.  She’s perfectly competent to do the job.  She’s presided over the Tennessee House for six years.  She can handle it, and she’ll be fair.  So what’s the problem?

A floor leader, probably a Tennessee Senator, will then make a motion that a Committee on Committees be appointed.  Or all this may have been agreed on beforehand.  As long as 26 States can agree in advance on something, it will happen.  I don’t see any reason why Tennessee should not lead this Convention Majority.  All the western and southern States would support it, and that’s almost 26 right there.  If this ad hoc coalition can be formed, it can decide on everything in advance, and the Convention itself will be largely ceremonial..That’s the way it should work.  There’s really not much to disagree on.

And when it adjourns it will have accomplished its purpose if it has conducted itself in an orderly and polite manner.  This will be the first of many such meetings, and we want the audience coming back.

They will be seeing the Constitution in action.