2016 Oct 27^th

Cal Thomas is playing “constitutional scholar” again and he hasn’t done his homework. He tells us that Trump will “propose a constitutional amendment to limit terms. One can safely predict that isn’t going to happen because in order for a constitutional amendment to be considered for ratification by the states it must first pass congress. Most members are not about to limit their own power and position.” The last sentence is likely accurate; the sentence before that is not.

The founders were certainly not perfect when they set up the constitution but they were well aware the congress would never vote to limit their power so they provided an alternative route to amend the constitution and it requires no congressional action. A constitutional convention can be called once two-thirds of the state legislatures want one. Not a single congressional legislator is required to assent to that.  Any change in the constitution proposed by such a convention must be approved by three quarters of the states to become part of the constitution.

Constitutional scholars tell us that a constitutional convention is opening a can of worms because anything can be presented, from an insistence on a balanced budget to “you name it.” There are even now, a number of states that have called for such a convention. There is no time limit so once enough states agree we’ll have such a meeting. Right now we are just six states short.

Thomas tells us that Trump wants to introduce a five-year ban on federal officials becoming lobbyists after they leave government service and also proposes a lifetime ban on White House officials lobbying on behalf of foreign governments.” Exactly why the Speaker of the House, third in line for the throne, can eventually lobby on behalf of foreign governments but the Presidents third assistant chief of staff can’t, is nowhere made clear.

I have been over the issue of defining a lobbyist and why any legislative effort to restrict this activity will not work. It is pointless to cover that ground again. Thomas reiterates a previous columnist’s claim that Trump would “cancel every unconstitutional executive order.” As I said before, if they were unconstitutional the right wing would have already moved against them. Trump claims that he will cancel the visas of countries that will not accept the return of their citizens if we deport them. If these countries tell Trump what he can do with his visas, what will Trump do with these deportees. Trump is not big on planning a step or two ahead.