We at Compact for America recently learned that Joe Wolverton of the John Birch Society has authored a piece declaring that the our initiative threatens the Constitution. In reality, only the Compact for America Initiative can save our Nation and restore our Constitution. Please ensure that you visit http://www.compactforamerica.org regularly and learn the truth about the initiative through our news and blog updates. Also, do not forget that there are numerous educational videos fully explaining the entire Initiative–including a great “Frequently Asked Questions” video that addresses and refutes all of the criticisms made by the Wolverton in the above article.
But it must be emphasized that the Wolverton has failed to give a full or fair accounting of the many safeguards built into the Compact for America–safeguards that Wolverton never criticized or faulted for a lack of robustness in our many email and phone discussions last year. Here’s a summary of what was said in those conversations with Wolverton, which apparently he forgot or has deliberately refused to reveal to his readership.
The Compact for America was actually designed to set in place every conceivable and reasonably possible safeguard necessary to target the state-origination of constitutional amendments to a specific goal; that is the goal of ratifying a Balanced Budget Amendment. For Wolverton’s feared runaway convention to happen despite the numerous safeguards built into the Compact for America, ALL of the following ELEVEN unlikely events would somehow have to take place:
Unlike event #1. Delegates from 50 states show up at Convention, including at least 38 governors representing at least 38 compacting states. The supermajority of governor-delegates who are bound to the Compact for America under state and federal law somehow refuse or fail to vote the Compact rules and limited agenda into place, presumably because at least 14 Compact State governor-delegates defect to join the non-member states in opposing the same. This defection somehow happens despite the fact that these are all the same governors who previously signed into law (just a few months earlier) the Compact, who enjoy no official gubernatorial powers while they are at the Convention under the Compact, and who know that the Lt. Governor of their state (typically a political rival) then holds their powers.
Unlikely Event #2. The Compact Commission, which has the power to relocate the Convention as needed to ensure it proceeds under the rules and limited agenda specified in the Compact, stands down and does not exercise its power to relocate Convention to ensure it follows the rules and limited agenda specified in the Compact.
Unlikely Event #3. At least 14 rogue governor-delegates from the Compact States, who are bound to vote into place the Compact’s rules and limited agenda under state and federal law, join the delegates from non-member states to vote in an wide open agenda and rules that violate the Compact knowing that the ratification referral contained in the counterpart Congressional Omnibus Resolution will thereby be rendered inoperative.
Unlikely Event #4. Attorney generals from at least 38 compacting states, all of whom are bound to enforce the Compact’s rules and limited agenda under state and federal law(the obligation of which is guaranteed to each Compacting State under the U.S. Constitution’s Contracts Clause), either stand down or fail to secure an injunction as required under the Compact to block further proceedings or recall rogue delegates under state law, federal law, and the Constitution’s Contracts Clause in the federal and state district courts for Texas. Political rivals of the rogue governor delegates, such as Lt. Governors who are acting as governor while the rogue governor-delegates are at the Convention,stand down and neither take nor advance any legislative or legal action to restrain those delegates.
Unlikely Event #5. The Convention in violation of state and federal law (the obligation of which is guaranteed to each Compacting State under the U.S. Constitution’s Contracts Clause) emerges with one or more proposed amendments that are different than the CFA’s Balanced Budget Amendment.
Unlikely Event #6. Attorney generals from at least 38 compacting states, all of whom are bound to enforce the Compact’s rules and limited agenda under under state and federal law (the obligation of which is guaranteed to each Compacting State under the U.S. Constitution’s Contracts Clause), again either stand down or fail to secure an injunction under the Compact to block ratification referral of the rogue amendment(s) in the federal and state district courts for Texas.
Unlikely Event #7. The same Congress that called the Convention in accordance with the Compact for America (just a few months ago) elects not to regard the rogue proposed amendments as void ab initio, as required by the Compact for America under state and federal law, and instead refers the amendment(s) out for ratification.
Unlikely Event #8. All non-compacting states ratify the amendment.
Unlikely Event #9. Fewer than 13 of the compacting states stay true to the Compact’s binding obligation to refuse to ratify anything other than the CFA’s BBA in violation of state and federal law (the obligation of which is guaranteed to each Compacting State under the U.S. Constitution’s Contracts Clause).
Unlikely Event #10. Attorney generals in at least 38 compacting states, all of whom are bound to enforce the Compact’s provisions under state and federal law (the obligation of which is guaranteed to each Compacting State under the U.S. Constitution’s Contracts Clause), yet again either stand down or fail to secure injunction to block ratification in at least 13 compacting states.
Unlikely Event #11. The process and end result is somehow accepted peacefully by the American people as legitimate; and the Nation yields to an obviously lawless amendment process.
To fret about the foregoing extremely unlikely, if not politically impossible, events, while holding out hope for “nullification” or “culture change” to save our Nation is completely unrealistic and illogical. The possibility of such a lawless process actually evading the Compact for America’s safeguards AND the end result being accepted by the American people logically precludes the possibility of freedom-friendly “culture change” much less “nullification.” Our country would already be lost. So no reasonable person can really believe the Compact for America’s numerous safeguards will be violated and the country can still be saved by other means at the same time. The Wolverton critique is self-refuting when considered against the facts of reality. Simply put, it is absurd to think that the same elected state officials who apparently will violate and ignore all manner of state and federal law set out in the Compact, together with the people who tolerate such behavior, will be valiant or engaged enough to find some other means of saving our Nation.
The bottom line is, whether we like it or not, the power to amend the constitution exists. Choosing not to use that power is unilateral disarmament. Cultural change is important, but it does not make sense to focus everything on the hope for cultural change while the opponents of liberty play the entire political field. Freedom lovers need to learn to play three dimensional chess, not checkers. This is especially true because the Constitution we have today is not the Constitution the founders gave us. It makes zero sense to surrender to the constitutional status quo. Instead, we must advance the Compact for America Initiative.