For this latest in my series of communications I will address, paragraph by paragraph, the recent National Association of Gun Rights (NAGR) fear-mongering, money-grubbing smear campaign against our Constitution, I’ll discuss these parts of Dudley Brown’s tirade:
“Is the U.S. Constitution broken? Are the problems America now faces caused by a bunch of flaws in the original document? According to a few misguided conservative leaders, the answer is yes. They claim that virtually all our modern ills can be fixed by changing the Constitution."
"Politicians and judges won’t obey the Constitution, so let’s change it?!? Most liberty-loving Americans agree that the U.S. Constitution is an amazing document. Not perfect, but one that has blessed us with over 200 years of unprecedented freedom. Our nation faces many serious problems today, but flaws in our founding document are not one of them. No, the root of these problems lies with the politicians and judges who are working to undermine and destroy the Constitution.
"Now here’s what blows my mind: Of the handful of conservatives calling for a Constitutional Convention, virtually all of them agree that politicians and judges who refuse to obey the Constitution are the problem. Their solution: change the Constitution! Not only do they seem willfully oblivious of the danger their Convention poses to the bulwark of our freedoms, but they’re missing the most fundamental and obvious fact.”
Did you catch the irony of Dudley’s fear-mongering arguments? On the one hand, he lauds the Constitution as an amazing document that has blessed us with over 200 years of unprecedented freedom (True!). But his aim (in addition to getting you to fork over your hard-earned dollars) is to convince you that you cannot trust the process the Founders put into Article V of the Constitution to check federal power!
Apart from this blatant hypocrisy, Dudley makes two critical errors.
First, he oversimplifies the root of the problem that has bloated our federal government. The problem is not that “politicians and judges won’t obey the Constitution;” the real problem is that politicians and judges have perverted the Constitution by capitalizing on phrases like “general welfare” and “interstate commerce” to expand federal power at the expense of the states and individual liberty. They invent ways to tie their actions to some constitutional language--and then get the Supreme Court's blessing.
Clearly, the way to fix this problem—the only way to fix it definitively—is to add amendments that define those broadly worded federal powers in alignment with their original meaning. To fix the loopholes the feds have created with the assistance of activist courts. To clarify the outer limits of federal power.
Second, Dudley makes a dead-wrong assumption that the only legitimate reason to propose constitutional amendments is to correct “flaws" in the original document. Did Dudley forget about the Bill of Rights (which, of course, includes the Second Amendment)? It didn't correct drafting errors--it codified additional, specific protections for the people against federal encroachment! Because the people weren't willing to trust those precious rights to the proper interpretation of other parts of the Constitution.
The fact is, flaws or no flaws, the Constitution’s drafters fully expected a time to come when the national government would accrue too much power and require an effective “check” by the people via a constitutional amendment process. Indeed, that is the very reason the amendment-proposing convention was incorporated into Article V. And it was approved unanimously. (I refer you to James Madison’s Notes of the Federal Convention of 1787 on this point).
You are smarter than Dudley Brown on these issues. He peddles his organization as a savior to the 2nd Amendment while hurling bombs at a real solution to an out of control federal government that sits just one Supreme Court appointment away doing real damage to our rights. If it was up to Dudley, we would wait until they do come and try and take them… Not I, I’ll use the Constitution and head them off at the pass. I’m actually doing something that will put this federal government back into the box the Founding Fathers intended it to stay in. You can help by recruiting others in this fight to stand up and volunteer.