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I was on a nationwide conference call with multiple GOP Congressmen, their staffers and representatives of conservative activist groups to discuss how to address the healthcare disaster. When I got to speak to the group I asked them why we, in the form of the states, were not dealing with the problem directly under Art. V of the Constitution in addition to the various court cases being filed. I was greeted with stunned silence as none of the Congressmen, their staffers or many of the other people on the phone were familiar with Article V or considered its applicability to the problem at hand. After I laid out the meaning and implication of Article V of the Constitution the staffers came back with “we’ll take a look at it immediately”.
The Constitution was the compact by which the sovereign states created and adopted a constitutional republic as a form of national government and placed themselves under it. As part of doing that the states insured that they retained the ability to have an ultimate check on the Federal Government. The ultimate answer for healthcare and the other excesses of the Federal Government is for the states to utilize the power provided them in Art. V.
A rt. V "on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress"
The states have the direct power to call and run a constitutional convention, write and propose amendments and ratify those amendments. The only role the Federal Government, in the form of Congress, plays is to determine which of the two ratification methods the states will use. That’s it. The states hold the power to fix this. It takes 34 states to call a convention and 38 to ratify amendments. If 38 states are willing to go to court why are not the same 38 states willing to deal with this and many other problems directly?
Whether 34 states would actually pass the required legislation or not, consider the impact on the Federal Government and the pending court cases if states began to pass legislation calling for a convention to deal with healthcare and the many other encroachments of the Federal Government on the rights of the people and of the states. I recommend that we seriously consider this action. We are fighting for the very soul of this country. When you are in a fight for your life and your liberty you do not let any viable weapon go unused.