It has been said that, "you can catch more flies with honey than with vinegar." That is, civil discourse will bring about more change than will anger, animosity and chicanery. For those looking to act in some regard to the Constitution, AmendmentII urges civil discourse to the be centerpiece of that action. This is the goal of the Minute Man emblem, to be a sign not of one side or another, but to be the public statement and notice that the bearer is informed, active and willing to share their understanding of the Constitution in a thoughtful manner; as well as willing to hear the views of others, and perhaps ready to engage in debate to a fruitful end.

The American Founders provided the United States with a Constitution that is simple and straightforward, comprising only 7 Articles over 4 pages.  The simplicity of the Constitution demonstrates a belief by the Founders that the American citizenry would be responsible for their liberty and that the federal authority was designed to support the states. Almost immediately after enactment of the Constitution the first 10 Amendments, known as the Bill of Rights, were added to codify key rights of the people which were already implicit in the Constitution as expressed by the Declaration of Independence. For more than 200 years after the Bill of Rights, the Constitution has been amended only 17 times including the enactment and repeal of Prohibition. The Constitution has stood the test of time.

The United States Constitution is under constant attack and threat of being undermined and its expressed powers and rights being usurped. The Constitution requires the support of the American citizenry to allow it to continue to stand the test of time as a bulwark of liberty. Any action, whether through ignorance, inattention or ill intent, that effectively changes the meaning or effect of the Constitution without abiding the process provided for constitutional amendment, undermines the validity of the Constitution. When any part of the Constitution is undermined, or its powers and rights usurped, the remainder of the Constitution is diminished and the very rule of law in the United States becomes endangered.

There are several ways by which the Constitution is undermined and attacked:

Judicial Fiat - Courts have power to provide opinion on the constitutionality of laws, but they have no power to create law. Too often judicial opinion overreaches, and excerpts portions of laws changing the legal intent, or creates entirely new "law" from a contrived view of the law under review. Neither is constitutional, all federal laws are sourced by Congress in accordance with the Constitution.

Strangulation by Legislation - The Congress, perhaps the branch of government most entrusted to keep the Constitution, can become an opponent of the Constitution. The creation of numerous and incrementally more restrictive laws, particularly around rights specifically afforded, dulls and dilutes the value and protection of the Constitution.

Executive Orders - The President may issue orders, originally designed for the implementation of the executive function in running the government. Increasingly (although Franklin Roosevelt used more than any), Presidents are issuing orders that change the intent or implementation of existing laws or effectively create law, entirely bypassing Congress.

International Treaty - Under Article 6 of the Constitution, treaties are given equal status as supreme law of the land. As such, treaties having provisions counter to the Constitution have been used to challenge the validity of the very Constitution that gives them their authority.

Revisionism - Subtle and deceptive political groups may also advocate the usurpation of Constitutional rights. Articles and opinion pieces often advocate change, outside of Constitutional process, in the name of "progress." Watchwords of this tact of usurpation often include phrases such as "Modern times," "This day and age," "Old ways," and "Old thinking." For example, saying that "In these modern times there is no need for bearing arms because..." is a call for usurpation of Constitutional rights, unless advocating that change via the Constitutional process.

Reactionism - Emotional reaction, particularly following a natural or criminal tragedy is often leveraged as rationale for enactment of laws that support strangulation by legislation. While sympathy for those suffering from tragedy and a desire to protect against future tragedy is important to a society, such emotion may lead to swift reaction which is a poor protector of liberty. The structure of the American Republic and its Constitution provide for a process by which the sharp peaks and valleys of reactions are tempered.

All of these attacks on the Constitution must be defended by Americans who support the Constitution. Educate, express opinions in public, discuss issues with your neighbors, express beliefs to representatives, participate in government, protest and act with civil disobedience, and ultimately, when beyond "light and transient causes," exercise the Right of the People to "alter or to abolish ... and to institute new Government..."

The American Founders recognized that there may be need to change, or amend, the Constitution. The provision to change the Constitution is a safeguard of liberty, putting change in the hands of the people and the states, and keeping it out of the hands of those in federal power which might undermine it or outright ignore it. The means to change the Constitution is within the Constitution itself, in Article 5.

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

So for those with a call to change the Constitution, the means are there, if you also support the Constitution! Work with Congress and your state legislators on a proposed amendment and convince your friends and neighbors of the need for the change to the supreme law of the United States of America.

Go to top