With Madison Departed, Best to Stick With Original Document

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After eight long years, the Revolutionary War finally drew to a close in 1783. The Continental Congress had successfully managed that valiant struggle for independence.

However, with the arrival of that freedom came new concerns. Knowing that a framework to govern was needed, Congress hastily drew up the Articles of Confederation to combine the Colonies into a weak confederation of sovereign states. Adopted by the Second Continental Congress in November 1777, the Articles were ratified in March 1781.

Unfortunately, the Articles did not achieve their goals. The fledgling country was faced with huge war debts and money owed to foreign nations. Attention was needed on national challenges such as managing territories, foreign policy matters, and representation issues. The Articles failed to address these concerns and Congress had no power to tax or regulate affairs.

In 1785, James Madison called for a meeting to amend the Articles. Now known as the Annapolis Convention, representatives from five states attended. The 12 participants realized it was imperative that another, larger convention be arranged. In a report that was sent to state legislatures and to Congress, the attendees called for such a convention.

The majority of states agreed. The Grand Convention was scheduled for May 14, 1787. However, not enough delegates arrived in Philadelphia to meet the required number of seven states until May 25.

Thankfully, the 55 Founding Fathers who took part in this first Constitutional Convention were among the finest men this land has ever produced. They all cared deeply about their new nation. Every one of them had played a role in the Revolution, and most had risked lives and fortunes to win independence. More than half of them had served in the Continental Army. Forty-one had served (or were serving) in Congress. Eight of the men had signed the Declaration of Independence. All had vast political experience.

For four months, these men met every day in the Pennsylvania State House. By the middle of June, led by Alexander Hamilton and James Madison, the representatives decided to scrap the Articles of Confederation and draft an entirely new document.

On Sept. 17, 1787, the 55 representatives held their final meeting. That day, 39 of the men pres ent signed the document. Delaware became the first state to ratify the new Constitution on Dec. 7, 1787. On June 21, 1788, New Hampshire became the necessary ninth state needed for ratification.

The United States Constitution is indisputably one of the greatest documents ever written. It is one of the world's oldest constitutions and it works so well that multiple countries around the world have used it as a model for their own constitutions.

In that document are laid out the exact role of the federal government and the powers and limitations of each of its three branches -- and their relationship to the states and the people. It was a document intended to ensure that no arm of the government grew too strong or influential. And it has served us well for more than 200 years.

Yet, since the signing of our Constitution, there have been endless arguments over interpretations of articles, phrases -- even the placement of a lone comma. There are those who are ready for a change. Article V of the Constitution stipulates that when two-thirds of both houses of Congress, or three-fourths of the states (38), call for a Constitutional Convention, one must be held.

Many states, concerned over the federal government's prolific spending, have called for a convention to adopt a balanced budget amendment. To date, 32 states have made such a call. (Ten of those states have rescinded their calls, but some worry that those recalls will have no weight in court.)

Although the reasons are many for a con-con (as it is flippantly referred to, underscoring just how little respect there is for the gravity of the situation), it is a very dangerous path to tread. The idea of holding a convention to address a balanced budget amendment is noble.

Unfortunately, a constitutional convention cannot be held to address a single issue. The late Chief Justice Warren Burger noted, "There is no effective way to limit or muzzle the actions of a Constitutional Convention. After a convention is convened, it will be too late to stop the convention if we don't like its agenda." Everything in that sacred document would be up for grabs. It is foolish to think that numerous changes would not be proposed.

Imagine the circus that would surround such a convention. Every lobbyist in the country would be shoveling buckets of money at his or her favorite convention delegate and amendment issue. Protestors would be parading outside the convention demanding amendments about everything from drug legalization to marriage amendments to incorporating international laws.

Fox, MSNBC, and other news channels would endlessly cover the event -- all of them broadcasting their own version of what was transpiring.

Just one question: What's wrong with the document we have now? The Constitution was written by men who literally invested their lives in its success.

Supreme Court Justice Samuel Alito summed up the concerns of many when he noted wryly that it was unlikely that a group of statesmen with the stature of George Washington and James Madison would be around today. Said the good judge, "I'm skeptical we'd be so fortunate if we tried it a second time." Amen to that.



Contact Robin Beres at (804) 649-6305 or .

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Reader Reactions

Flag Comment Posted by Bill Walker on September 17, 2009 at 10:15 am

In response to Robert, I suggest the reader take the time to realize I am quoting the United States Government in this, that is the Solicitor General of the United States. Further FOAVC is using official government records when it makes its statements.

Robert is flat out lying. We can prove it and do so by simply showing public record. Also, if you go to our blog page you will find a response to his allegations that are made on the site he states.

Robert says I lie without proving his statement. We prove he is by use of documented facts that can be verified independently.

Flag Comment Posted by Robert on June 16, 2009 at 2:46 pm

Note to Readers:

Bill Walker and FOAVC are very misleading.  Their claims are based upon very fringe legal interpretations that are wholesale rejected by the legal system and even mainstream proponents of a Con Con.  For more information about the dangers of a Con Con see: http://www.stoptheconcon.com.

The website includes opinions from many legal scholars, a brief video prodiced by experienced state legislators and an exposee of a few of the MANY frauds perpretrated by FOAVC.

Flag Comment Posted by Bill Walker on June 14, 2009 at 3:41 pm

If Mr. Beres opinion is to be taken seriously, he should learn to get his facts straight and correct. Mr. Beres states, “Article V of the Constitution stipulates that when two-thirds of both houses of Congress, or three-fourths of the states (38), call for a Constitutional Convention, one must be held.“

He is correct an Article V Convention (the correct term to describe an Article V Convention)must be held but incorrect as to the number of states. The Constitution specifies that if two-thirds of the states (34) so request, a convention must be held. Having demonstrated that he is ignorant of the subject in that he is not even aware of the actual constitutional requirement, Mr. Beres then attempts to “educate everyone on a convention.

He does not, for example, point out that the language of Article V clearly limits the power of the convention to proposing amendments to our present Constitution. Thus the language of the Constitution itself makes the rest of what he writes laughable as it simply is not true and the Constitution itself proves it.

It is no surprise, given his vast already demonstrated knowledge of the Constitution that other “information” he provides is equally in error. He mentions balanced budget applications of 32 states. According to public record, the number is at least 36 applications. The public record of the text of the applications can be read at http://www.foavc.org. Incidentally, Mr. Beres fails to mention the most important point of all regarding a convention call: all 50 states have submitted 750 applications for a convention call, some 20 times the number required.

Mr. Beres refers to the so-called Burger Letter. On the FOAVC website, is proof that the letter from which this quote is drawn is a phoney. Further, documented evidence in the form of published newspaper accounts clearly show Burger was actually in favor an Article V Convention.

Then Mr. Beres pulls his trump card: he asks to imagine what would happen if instead of public decisions on public policy were made behind locked doors as is the case with Congress, it was on full public display where all could see it. Because of that fact alone, a lot of what he sees as a danger simply wouldn’t happen.

Mr. Beres also fails to mention that if the convention has the power to write a new constitution as he says based on the language of Article V, then so has Congress and judging by his column he has no problem with that happening as he makes no warning or expresses no concern about that “fact.“

The fact is, neither Congress or a convention can do anything but propose amendments which, until ratified, have no legal authority whatsoever. Perhaps Mr. Beres should spend sometime learning the true facts about a convention and reading his Constitution so at least he reports the facts of Article V correctly before writing another column on the matter. Meantime, those wishing to learn the true facts should go to http://www.foavc.org.

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