Think federal policy matters? Here’s why conservatives have a once-in-a-lifetime

Source: Conservative Review | November 16, 2016 | Daniel Horowitz

Think federal policy matters? Here’s why conservatives have a once-in-a-lifetime legislative opportunity at the state level

If Donald Trump truly wants to make America great again, the most profound and enduring way to accomplish that is by making state governments great again. This is the case not only because localism is the right approach to governance and a way to heal the partisan divide, but it could also help create a permanent majority for conservatives throughout much of the country and erect a long-term firewall in the states for when Democrats win back control of the federal government.

The amazing opportunity in the states

The breadth of GOP dominance in state legislatures in recent years, which culminated in last week’s elections, is nothing short of astonishing. They hold 34 governorships, 33 states with control of both chambers of the legislature, and hold the trifecta (governor and both chambers) in 25 states.[1] Democrats hold a trifecta in just five states and there are only 12 states in which they fully control both chambers of the legislature.[2] Republicans also won 31 secretary of state offices, which means they will control election law in many states — to the extent the courts are barred from meddling with the process.

State Control by Party

What is so astounding about the GOP achieving this degree of domination in the states is that this was a presidential year. Due to increased racial polarization of the parties, there has been a growing gulf in turnout between presidential years and midterm elections that benefits Republicans in off years. This means Republicans have room to grow to pick off a few red/purple state governors and even some lean-blue state legislative chambers in two years.

Moreover, in an overwhelming number of the 33 GOP-controlled states, including critical states such as Pennsylvania, Ohio, North Carolina, and Florida, Republicans enjoy super-majorities in one or both chambers. Democrats only have five or so deep blue states where they command a super majority in the state senate to overcome a filibuster from Republicans or override the veto of a GOP governor. For example, even in deeply blue Illinois, Republicans broke the Democrat super-majority in the state house.

The significance of controlling 33 state legislatures is that Republicans are now just one state short of having enough states to propose constitutional amendments and convene an Article V Convention of the States. It is clear from the lackluster Republicans in Washington and Trump’s unreliable views, in conjunction with a tenuous hold on presidential elections, that the only way for conservatives to create enduring victories is to fight back in the states and through changing the system from bottom up. That opportunity is now stronger than most realize.

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Now is the perfect time for Convention of the States

History has shown that Republicans have failed to limit government even when they are in charge of all branches of government. History has also shown that the balance of power will always shift back to the other party in short order. That would apply even to a principled conservative party, much less the mess of a Republican Party we have today.

But why should we ever be just one election away from losing our liberty, Constitution, Bill of Rights, and civil society? Why should we be one Supreme Court justice or court case away from redefining fundamental rights? This is our country, our Constitution, and our system of governance. Why should we allow the 100-year-long coup against the Constitution to continue, irrespective of which personnel is in power? This is not merely a problem of getting the right personnel into government; it is a systemic problem in that the firewall of the Constitution has been breached.

This is where the Convention of the States comes into play. Republicans are now just one state shy of the 34 needed to propose an Article V convention and permanently take back our government. This will provide us with the opportunity to finally clarify the key clauses of the Constitution, return power to the states, weaken the federal judiciary, and ensure that the federal government in general, and federal elections in particular, aren’t that consequential.  

The amazing grassroots movement led by the Convention of the States Project has already gotten eight states to pass subject-matter resolutions agreeing to convene a convention to limit the size and jurisdiction of the federal government, propose fiscal restraints, and consider term limits. We can bring this movement to the goal-line on the cusp of success after the coming year’s legislative sessions. This is the only way for the people to bypass Washington and finally return to self-governance in which we will make state and local elections more consequential.

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