We have a rather odd opportunity this election season with up to four scenarios to consider, as I see things.
Unfortunately, none of our options is great.
First option is that Donald Trump wins the presidency, the Republicans retain the Senate, and the Democrats keep the House. In other words, status quo.
Second option is Trump wins, but the Senate is lost to the Dems, and the Dems retain the House.
Third option is that Trump loses, but Republicans retain the Senate, Dems retain the House.
And the fourth, what conservatives fear the most and what I will concentrate on, is Trump loses, the Dems also take the Senate, while retaining the House, giving them full control of government.
In case you're wondering, I didn't include an option of a Republican sweep of both Houses of Congress and the White House. Anything is possible, but not probable.
If the fourth scenario does come to pass, as many are predicting, most agree it will surely be a disaster.
While true, it doesn't have to spell the end of America, as some are predicting.
Luckily for us, our Founding Fathers, those geniuses who crafted the Declaration and Constitution, thought this might happen, perhaps even be inevitable, which is why they installed a backstop against tyranny without having to completely, "throw off such Government," or, "absolve" it, but rather, "to alter" it.
And that backstop is the Constitution's Article V, Convention of States.
Oh, here we go, you may be saying – drag out the Constitution that most know nothing about. That's real productive.
Our country is on the verge of meltdown and I bring up some academic experiment? Well, you may be right, but if the fourth scenario comes to pass, we'll have lost the federal government – and not just two, but all three branches.
If it happens, I'd like to hear a better way forward.
As I see it, it's our only shot. So let's get to it, shall we?
George Mason of Virginia, anti-federalist and one of my favorite founders, and in my opinion, the staunchest champion of states' rights, was responsible for Article V of the Constitution, as it was ultimately written.
It was he who pointed out at the ratification convention in September 1787 that the Constitution's original two methods of amendment were both left in the hands of the national government – "both the modes to depend, in the first immediately, in the second, ultimately, on Congress, no amendments of the proper kind would ever be obtained by the people, if the Government should become oppressive" (Madison's notes, Sept. 15, 1787).
Well, George, we're almost there.
In other words, there's no way the government is going to give power back to the people willingly – Congress will never seek to amend the Constitution for the express purpose of limiting itself. It must be up to the states and the people to do so.
The delicious part of Article V is that it completely shuts out the federal government, including the courts – even the Supremes, packed or not. They can only sit back and watch.
And don't believe the naysayers who claim it's just too dangerous. These are the same fools who trust in ultimate federal authority at the expense of the people, who believe that we the people are too stupid to know what's best for our nation.
In fact the founders thought of everything to prevent any hasty, ill-informed changes to the Constitution. It takes 34 of the 50 states just to convene a Convention of States and a super-duper majority of 38 states to ratify any amendments.
Hopefully, we will never have to get to this point, and I firmly believe, by the grace of God, that, at the very least, the president will win reelection. But, if things go south, I'm just saying that there is an alternative to civil war.
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