Opinion
Photo of the Constitution of the United States of America. A feather quill is included in the photo.The Constitution of the United States is the supreme law of the United States of America and is the oldest codified written national constitution still in force. It was completed on September 17, 1787. Photo of the Constitution of the United States of America. A feather quill is included in the photo.The Constitution of the United States is the supreme law of the United States of America and is the oldest codified written national constitution still in force. It was completed on September 17, 1787.  

Next time, let’s roll with the states before Cruz-ing with Ted

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Nick Dranias
Vice President, Compact for America Educational Foundation
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      Nick Dranias

      Nick Dranias is Vice President of Compact for America Educational Foundation, Inc. which is a 501(c)(3) charity that focuses on educating citizens and statesmen about the power of interstate compacts to achieve constitutional amendments and other reforms. He also serves as a Board Member of Compact for America, Inc., a 501(c)(4), and as a Civil Liberties Advisory Council member for Our America Initiative, also a 501(c)(4). He previously served as General Counsel and Constitutional Policy Director for the Goldwater Institute. Dranias led the Goldwater Institute’s successful challenge to Arizona’s system of government campaign financing to the U.S. Supreme Court. He remains "of Counsel" for the Institute in representing the City of Tombstone in a fight to protect its 130 year old municipal water supply from U.S. Forest Service overreach. Dranias also serves as a constitutional scholar, authoring scholarly articles dealing with a wide spectrum of issues in constitutional and regulatory policy. His articles have been published by leading law reviews, bar journals and think tanks across the country. Dranias’ latest works are In Defense of Private Civic Engagement (forthcoming), Introducing "Article V 2.0:" The Compact for a Balanced Budget (Heartland Institute/Federalist Society); Recognizing Pension Fund Insolvency: A Catalyst for Reform (Goldwater Institute with Dr. Byron Schlomach) and Moving Forward: A Roadmap for Choice and Competition (Goldwater Institute with Drs. Andrew Kleit and Byron Schlomach).

In October, the Republicans failed conservatives and libertarians yet again. It’s not just about the $328 billion dollars the Obama administration borrowed 24 hours after the shutdown ended. It is not only because the Reid-McConnell deal empowered President Obama with limitless borrowing authority until February 8, 2014. And it does not matter that the Party Elite sided with Senator McConnell, rather than Cruz, in the preceding dust up. Republicans failed us because the premise of their fight was wrong.

All sides looked to Washington to reform itself — either immediately or after the next election. But we must recognize that Washington will never reform itself. Its denizens are too distant from the heartland. They are too encircled by entrenched interests that favor the endless growth of government. They are too tempted by the concentration of limitless power.

Not since the New Deal has there been anything close to a level playing field in Washington for advocates of limited government. It is profoundly mistaken to bank on any Washington-centric strategy for restoring our republic. Instead, we must bring the fight to our home turf — the states, and we need to do more than a rear-guard action resisting federal overreach.

We must organize the states to change the rules of the game by exercising their ultimate power to originate constitutional amendments under Article V of the United States Constitution. Only then can we sidestep the rigged game produced by the New Deal and restore our republic.

We should start by advancing a Balanced Budget Amendment that makes debt truly scarce for the federal government. Unlimited debt is the fairy dust that creates the illusion of limitless resources. When the illusion of limitless resources exists, it becomes impossible to persuade politicians that the federal government should have a limited role in our lives. Moreover, politicians use unlimited debt to buy political advantage today while shifting the costs of their policies to non-voting future generations. There is no effective political check on such behavior — except to impose a strong constitutional limit on the use of debt.

Sadly, as most recently illustrated by the Reid-McConnell deal, Washington will never control its addiction to debt. Fortunately, Article V empowers state legislatures to originate constitutional amendments through a convention of the states.

In Federalist No. 85, Hamilton reassured the States that they could “rely on the disposition of the State legislatures to erect barriers against the encroachments of the national authority” through state-initiated constitutional amendments. Federalists made similar arguments at various ratification conventions. Because of this “closing argument,” the Constitution was ratified.

It is high time for us to prove the Founders right. But to have a real shot at success, we need to step away from a rote application of the language of Article V. We just do not have time to muddle through a process that would require at least 100 legislative enactments across multiple legislative sessions, taking ten or more years to generate an amendment. That was a legislative quest that even President Reagan could not complete in the 1980s. Instead, we need to upgrade to “Article V 2.0” — what the Goldwater Institute calls the “Compact for America.”

Using an agreement among the states called an “interstate compact,” the Compact for America invokes Article V to advance a powerful Balanced Budget Amendment. The amendment would define a balanced budget in common sense terms: cash flow out must match cash flow in. By definition, deficit spending would be out of balance and would be limited by a constitutionally-imposed debt limit.