An Obligation to the Founders

Posted on by Fritz Pettyjohn

The Framers of the Constitution were students of history. Most of them were lawyers, and they had studied the history of the law. They were establishing a republic and looked to history to guide them. The history of the Republic of Rome (449 B. C. to 131 B. C.) was given special attention.

The Roman Constitution, the Twelve Tables, had a fatal flaw. There was no way to amend it. In 131 B. C., when reformer Tiberius Gracchus became frustrated with his inability to change a society which was woefully in need of it, he, essentially, overturned the Constitution. If Gracchus could do it, anyone could. And soon did. And that was the end of the Roman Republic.

So the men who met in Philadelphia in 1787 were determined to allow for amendments to their Constitution. But they didn’t want to make it easy. Supermajorities, by their nature bipartisan, would be needed to amend. 2/3 of each House of Congress to propose, 3/4 of the states to ratify.

Since the first Congress proposed the Bill of Rights, we’ve had a couple technical amendments, (11 and 12) and then the great Civil War amendments, 13, 14, and 15.

The progressives at the turn of the 20th century, Republican and Democrat, brought us the income tax and direct election of senators, 16 and 17, (1913) and then the enfranchisement of women, 19 (1920). The only other truly significant amendments were 22 and 25, term limiting the President and providing for his removal if he is unable to perform his duties.

That’s it, the total for the last 230 years. They did good work, the Framers of the Constitution.

You will notice, if you look closely, that none of the reforms which have been adopted since 1791 have anything to do with Congress. That’s because Congress has no desire to place constitutional restrictions on itself. The first ten amendments, the Bill of Rights, do restrict Congress, but they were only agreed to because that was necessary to get the Constitution ratified.

The 17th amendment was a reform of Congress, but it was only agreed to by Congress because 30 of the required 32 states had passed Article V Resolutions calling for a Convention of States to propose direct election of senators.

It goes without saying that over the last 233 years Congress has evolved in ways the Framers wouldn’t recognize. Today it is a corrupt and dysfunctional institution, desperately in need of reform

This can only be done when state legislators wake up, and realize they hold the power in their hands to fix Congress. The Framers gave it to them, in Article V. Because they have this power, they bear the responsibility. I would argue that to keep the oath that they all swore, “to protect and defend the Constitution of the United States” they must take up the power given them in Article V, and use it.

I think it is their obligation.

The Elon and Vivek Show

Posted on by Fritz Pettyjohn


Elon and Vivek are about to enter a strange new world, the one where federal spending takes place.  It’s the congressional appropriations process.  The members of Congress who control this process, the “cardinals”, are among the most powerful people in Washington.  Their favor is sought by every special interest group in the country, and they’re prolific fundraisers.

Musk and Ramaswamy want to reduce the spending that these Congressmen control.  That would reduce their power and infuriate their donors.  Republicans and Democrats alike don’t relish that prospect.

The President can veto a budget, and “shut the government down”.  Over the last 40 years, beginning with Newt Gingrich, this has become a familiar Washington ritual.  

But it’s the political equivalent of a sledgehammer.  It doesn’t really work.

What the president ought to have, as the Governors of 44 states have, is the line-item veto.  Only with such a power can an executive hope to truly restrain legislative spending.   It works.

A constitutional amendment giving the President a line-item veto can only be proposed by the states, using Article V.  Congress, needless to say, would never propose such an amendment, restricting its spending ability.

Under Article V, 34 states can call for an amendment convention, which can be restricted to a limited subject matter by the terms of the call.  Once the 34-state threshold has passed Congress is instructed by Article V to call the Convention.  

In 1979 the 34th state passed a resolution calling for an Amendment Convention.  Congress ignored the states, and has continued to defy their constitutional authority.

The states need to enforce their Article V power by suing Congress and obtaining from the United States Supreme Court a declaratory judgment, ordering the Congress to call the convention.

Once the delegates to the Convention meet, they will try to draft an amendment which can be ratified by 38 states.  It must have bipartisan support.  The only fiscal restraint that will have Democrat as swell as Republican support is the line-item veto.

We’re fast approaching a fiscal cliff.  The Attorneys General need to act, soon.