Fixing the Deep State Without an Article V Convention

By Rich Kozlovich

There's been a great deal of talk about convening an Article V Constitutional Convention of the States to fix the mess the federal government has become.  Well, I've decided that's potentially even more dangerous.  When the Convention was convened that created the Constitution it wasn't convened for that purpose.  The United States was organized under something called the Articles of Confederation, and it was clear from early on that arrangement had flaws that needed to be fixed, so they convened a Convention to fix that document.  The convention never fixed the Articles of Convention - they threw it out entirely, and replaced it with the Constitution.

No matter what anyone says - once an Article V Convention is convened there's absolutely nothing in the Constitution that gives Congress, or anyone else, any power over what's going to be discussed, who the delegates will be, or how they would be apportioned among the states.  Nor would anyone have the right to overturn anything they present to the States, and once it's been voted on and approved by the States, that now would become law of the land.  Neither the Congress, the Executive or the Judiciary can prevent the formation of such a Convention or overturn anything that comes out of such a convention. 

That falls entirely under the purview of the States, and pretty much the only power left to the States.  And that's a dangerous right. It takes 34 states to call a Convention of States and 38 to ratify what's presented.  Currently 28 States have passed resolutions calling for a constitutional convention, but that's based on the idea only a balanced budget amendment would be discussed.  That's an illusion!  A frightening illusion!

The problem lies in who and what America was in 1787, and what America is now.   As a society all the State's citizens functioned under a Judaic/Christian moral paradigm, and that's reflected in the Constitution.  But that nation no longer exists.  Neither party - no matter what anyone claims - functions with those moral restraints, and one of those parties fails to recognize any moral limitations.  I hate to think who the representatives would be at that convention, and what they would do. 

So, can the Deep State be fixed? There is no fixing the Deep State unless you can fix the fundamental underlying problem that created it, and it can be done without the dangers of an Article V Convention.

Nineteen thirteen was a seminal year in American history. Under the progressive movement, to which Teddy Roosevelt gave personality, they managed to pass the 16th Amendment, the 17 Amendment and created the FED, which gave almost unaccountable power over the currency to others rather than the Congress.

The 16th was income tax, and the 17th gutted the balance of power created in the Constitution by the Founding Fathers by having Senators chosen by popular vote instead of being chosen by the State governments. Senators were supposed to be de-facto ambassadors to the central government to keep it from getting out of control.  Those two amendments gutted any ability of the States to curtail the growing and out of control malignancy the federal government has now become. 

Here’s the fix! Eliminate all that excess testosterone by abolishing the FED, repeal the 16th and 17th Amendments and pass a 28th amendment.

The federal judiciary is out of control.  There's nothing in the Constitution that gives them the unbridled power they've assumed.  And the only federal court created in the Constitution is the Supreme Court.  All the rest are creations of the Congress.  And, in point of fact, the Constitution gives Congress the power to determine the jurisdiction of all the federal courts.  Congress can also overturn any federal court ruling by passing a bill that overturns any decision by any federal court. 

The federal judiciary has gotten into the mistaken belief it's their job to rewrite the laws, or make up new laws according to their personal liking.  If the Constitution is going to really be the document that governs government - and is to recognized as the real and only legitimate law of the land that governs government - it's in serious need of reinforcements. It’s time for a 28th Amendment that would impose strict term and age limits on the federal judiciary.

There are three levels of the federal judiciary- the District level, the Appeals level and the Supreme Court. Each level should have a ten year limit with a review after five years requiring a majority approval by the Senate. At each level each nominee would have to go through the same process, even if nominated to a higher court before they finish their term in a lower court. If their term runs out and they’re not nominated to a higher court they may be nominated at some point in the future.

No jurist can return to a lower court if their term runs its course at a higher level, and no jurist can ever be appointed to a court if their nomination to any court has ever been rejected by the Senate. No jurist may serve after the age of seventy.

Repeal the 16th and 17th Amendments, eliminate the FED, pass a 28th Amendment and everything else will fall into place.