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.

“Tater Tot Ron” for Defense?

Posted on by Fritz Pettyjohn

Ron DeSantis would, I’m sure, be an outstanding Secretary of Defense. He’d be a better President. I don’t think he can be both.

He needs independence if he wants to make a run in 2028. Working for Donald Trump wouldn’t work. He needs to be his own man, not subject to the caprice of an impulsive authoritarian. Vice President Vance has the inside track to be the Donald’s designated successor, and he will resent anyone competing in his lane.

DeSantis needs his own lane, and I think one is available – Reform Republican. The reforms which are needed are all understood and supported by large majorities of voters, both Republican and Democrat. But the needed congressional action will never happen, because these reforms are of Congress itself.

First, and most obvious, is fiscal reform. To have any teeth, it needs to go into the Constitution. It could be as simple and obvious as a line-item veto. 44 Governors have it, people are familiar with it, and it works. If the President had this power, he would be responsible and politically accountable for deficit spending. There are other fiscal reforms which work in other countries, like the Swiss debt break.

Next is congressional term limits. Want to drain the swamp? Keep recycling the swamp creatures. Don’t let them get too comfortable. The American people understand this issue, and they dearly desire that someone takes up this cause.

Third is campaign finance reform. Using the powers granted to it in Article 1, sec. 4 of the Constitution, Congress has created a web of federal campaign finance laws suited perfectly to the incumbent. This power needs to be taken away from Congress, and returned to the states, and the people. Let each state decide on how it wants congressional campaigns financed within its borders. Kansas will do it one way, Rhode Island another. In states with an initiative available, the voters can decide, directly, how they want to regulate campaign financing. Every state already does it, but only for state elections. Give them the power to regulate congressional races as well. Simply remove that part of Article 1, sec. 4 which was inserted at the last minute by James Madison.

In 1787 state legislatures were the center of the anti-federalists. These people didn’t want the Constitution, which would mean the central government taking away their power. Madison was afraid that if the state legislatures controlled elections to Congress, they would abuse that power and somehow sabotage the first Congress.

It made sense at the time, but that concern is no longer a problem. Congress is the problem.

These three reforms must all be achieved using Article V of the Constitution. The states, acting together, can propose these amendments themselves, bypassing Congress. This provision was inserted because the delegates to the Convention knew that Congress, itself, could be the problem, which could not be relied on to reform itself. Article V was written specifically as a means of reforming Congress.

The effort to achieve these reforms began in 1975 with two blue dog southern Democrats. It’s had fits and starts along the way. But it has never gone away. It has never succeeded because it’s never had a leader.

Gov. Ron DeSantis could be that leader, and if the effort succeeds it would be as significant as the progressive reforms enacted at the beginning of the 20th century: direct election of Senators, the income tax, and women’s emancipation.

There were Progressive Republicans and Progressive Democrats, and there need to be Reform Republicans and Reform Democrats. It’s the on ly way it can work. Which is why anyone associated with Donald Trump cannot lead it.

Kash Patel, fanatically loyal to Trump, liked to call DeSantis “Tater Tot Ron” for having the temerity to challenge Trump. That’s the kind of loyalty Trump wants. It’s too much.

DeSantis is better off staying away from Washington. Instead, he should travel the states to gather support for the Reform Republican agenda.

Pardon me for Livin’

Posted on by Fritz Pettyjohn

Now Democratic wise man Rep. James Clyburn supports a pardon for Trump. This is the man who decided, on behalf of the Democratic party, to overlook all of Biden’s inadequacies and give him the 2020 nomination. When he speaks, Democrats listen.

A Trump pardon would set the stage for Kamala to pardon Joe. Let’s put all the lawfare behind us. Let’s stop criminalizing our political opponents. Let’s make a clean break from the tawdry past, and turn the page to a better, more tolerant political culture.

Turning the page is not excusing or justifying malfeasance in office. The Department of Justice, and the FBI need a thorough overhaul. But don’t start trying to throw everyone in jail. Take their pensions, their power, and their reputations, for sure. But let’s not descend into the banana republics where losing an election means going to jail.

Lyndon Johnson was as crooked as they come. He and Chicago Mayor Richard Daley probably stole the 1960 Presidential election from Nixon. But when Nixon succeeded Johnson in the presidency, he didn’t try to have him prosecuted. That may have served justice, but it wouldn’t have been in the national interest.

Ford’s pardon of Nixon was in the national intertest. The humiliation of resignation was enough punishment for Nixon’s crimes.

If Biden resigns, he puts himself in the same league with Nixon. It’s a disgrace, a permanent stain on his historical reputation. At his age, that’s enough.

The pardon power is the power of Christian forgiveness. Heading into Christmas, it would be fitting.

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.