March 28, 2024

Views aren’t supported by facts

Mark Alspaugh

Hot Springs Village, Ark.

Thanks to Jerald Nelson for his service to our country as noted his Jan. 5 letter. Unfortunately, his Constitutional perspective adopts views that are not supported by the facts.

For example, the Madison citation offered came at an “in between” time when we did not even have the Constitution. While it had been drafted at the Constitutional Convention of 1787, and submitted by the Continental Congress to the 13 sovereign States for ratification, it had not yet gained ratification by a sufficient number of States to become effective. The outcome was uncertain and a great battle was being waged between the Federalists and the Anti-Federalists.The citation was written in a letter to a gentleman of the latter persuasion who was among those who wanted to throw out the entire work of the Constitutional Convention and start over. Madison, of course, opposed so drastic an action.

In contrast, the recent meeting Nelson references was concerned solely with matters related to a possible “Amending Convention” as provided by Article V of the Constitution. Such a convention has nothing to do with the type of “General Convention” of which Madison was speaking. If you do some fact based historical research, you will find that the founders, led by Col George Mason, included the Article V state-led way of amending the Constitution as a fail-safe means for the States to rein in a corrupt and oppressive federal government. Moreover, an Article V amending convention can only propose amendments to the Constitution which would still require ratification by a super majority of states to become effective. Those who utter the hogwash that an Article V convention cannot be limited are referred, for example, to Antonin Scalia who has said that the convention can be limited if that is what the States want.

Based upon Nelson’s service, it would probably be a good bet that once he gains a better understanding, he would favor some Constitutional amendments, perhaps those that would balance the budget, establish a fairer tax system, impose term limits on Congress and the Judiciary, eliminate cronyism, eliminate de-facto law-making by regulation and executive order, and establish a superior court of the States over the SCOTUS. He is encouraged to do some homework, become well informed, and help save our country by supporting an Article V amending convention which can accomplish those ends.