CO Document Library-Case for Series Part 1

Attachment: 4669/1._Case_for_Amending_U.S._Constition_(Limiting_Power_of_the_Federal_Government__August_30__2024).pdf

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Case for Amending U.S. Constitution:

Limiting the Power of the Federal

Government

Written by Mr. Michael D. Forbis

August 30, 2024

Overview. This short paper attempts to provide an overarching view for amending the U.S.
Constitution, and it centers around limiting the power of the federal government.  It provides
broad topics for some potential amendments.

Disclaimer. The views expressed in this work are those of the author and do not necessarily
represent the views of Convention of States Action (COSA), its staff, or affiliates.

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The United States has reached a critical historical point where federal power has become

very centralized, and it is necessary to amend the U.S. Constitution in order to bring power
closer to the states and the American people. Grassroots activism is the core approach to achieve
this accomplishment.  In other words, it simply requires American citizens to take action to seek
change in the structure of the federal government as established by “We the People.”

By the design of the U.S. Constitution, the American people allow and limit power of the

federal government, and two amendment methods exist through the process of the U.S.
Constitution as described in Article V. First, Members of Congress can propose amendments by
two-thirds majority in both chambers. Second, two-thirds of state legislatures (34 of 50) can
pass a resolution to form an Article V convention to propose amendments.  In both methods, any
proposed amendments are then sent to the states where three-fourths of the states (38 of 50) must
ratify the amendments to change the U.S. Constitution.

Historically, Members of Congress have become the primary method to propose

amendments, and every American citizen has three voices in Congress through one U.S.
Representative and two U.S. Senators. Any American can write, speak, and engage his or her
voices in Congress with a proposed amendment to the U.S. Constitution. If this method does not
work effectively, then any American can write, speak, and engage his or her state legislator with
a proposed resolution to call an Article V convention in order to amend the U.S. Constitution.
The second method of calling an Article V convention appears to be the preferred method this
current day in age, and it firmly illustrates the grassroots activism approach.

There are multiple amendments to potentially add to the U.S. Constitution, and there are

some that specifically limit power of the federal government. For instance, Members of
Congress currently have no time restrictions on their length of service as long as they are
reelected. The more time a Member of Congress is able to serve means more power. Thus, an
amendment that places term limits on Members of Congress is a clear way to limit power of the
federal government. As another example, the federal government also has broad powers with
respect to the federal budget process, and it does not have the same restrictions such as state
governments or the free enterprise system of America. For this reason, a series of disciplined
and fiscal restraint amendments involving timing and a balanced budget place bounds on the
federal government budget process that does not currently exist.

•

Timing Amendment. Dictates a strict deadline for passing an annual federal budget and
enforces a significant consequence if failed to pass on time.

•

Balanced Budget Amendment. Defines a balanced budget where total outlays do not
exceed total receipts. Provides flexible exceptions where a supermajority vote is required
in both chambers of Congress. Aligns with Article I Section 8 of the U.S. Constitution.

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A case for each of these amendments is possible, and a simple and objective explanation

can be the basis for each one.  Both historical data analysis and current day knowledge can
inform the case for each amendment, and it can serve as a reference point to inform further
discussion and development of the final amendment structure.  It is better to have a starting point
for potential amendments with some basis to them rather than nothing at all.

In his farewell address published in September 1796, George Washington stated: “If, in

the

opinion of the people

, the distribution or modification of the constitutional powers be in any

particular wrong, let it be

corrected by an amendment in the way which the Constitution

designates

.”

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  When James Madison was developing the initial Bill of Rights (or first 10

Amendments) in May 1789, he faced heavy resistance within the U.S. Congress. It was a serious
challenge to the preservation of the newly formed union under the U.S. Constitution.  Madison
asked President George Washington for assistance, and Washington wrote a letter to Congress
stating the amendments “are importantly necessary” and “have my wishes for a favorable
reception in both houses.” Without Washington’s help, “Madison’s crusade for what has
become a constitution cornerstone would have been hopeless.”

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Likewise, Abraham Lincoln stated: “This country, with its institutions,

belongs to the people

who inhabit it. Whenever they shall grow weary of the existing government,

they can exercise

their constitutional right of amending it

, or their revolutionary right to dismember, or overthrow

it…In your hands, my dissatisfied fellow countrymen, and not in mine, is the momentous issue
of civil war. The government will not assail you. You have no conflict, without being
yourselves the aggressors.

You have no oath registered in Heaven to destroy the government,

while I shall have the most solemn one to ‘preserve, protect, and defend’ it

.”

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  Before the

outbreak of the Civil War, President Lincoln understood there were two ways angry Americans
could change their government: amend it or overthrow it. He preferred to amend it, and the
critical issue of slavery was the division facing the nation. Even though the Civil War broke out,
Lincoln viewed the passage of a constitutional amendment eradicating slavery once and for all
was “a King’s cure for all the evils.”

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  In other words, it took the 13

th

Amendment to the U.S.

Constitution to help heal the nation, and Lincoln’s efforts to pass it were vital.

Thus, the American nation can simply learn from George Washington as the Father of the

United States and Abraham Lincoln as the Savior of the United States in order to resolve grave
issues and heal the country. This is the essence of grassroots activism, and both of these former
Presidents understood this principle.  Most importantly, amending the U.S. Constitution will
bring back a balance of power between the federal government, the states, and the American
people.

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Farewell Address

, paragraph 25, September 1796.

2

Washington: A Life

, Ron Chernow, Penguin Books Ltd: 2010, page 607.

3

Lincoln’s 1

st

Presidential Inauguration Address

, March 4, 1861.  Note: this was one month before first shots were fired at the

onset of the Civil War at Fort Sumter, South Carolina.

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Team of Rivals: The Political Genius of Abraham Lincoln

, Doris Kearns Goodwin, Simon and Schuster: 2005, page 686.

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Created:	2025-03-14 23:44 GMT
Updated:	2025-03-14 23:44 GMT
Published:	2025-03-14 23:44 GMT
Converted:	2025-11-11 12:35 GMT
Change Author:	Vivian Garcia
Credit Author:	Mike Forbis