Guest post by former Republican member of Montana House of Representatives Rick Maedje
Congress is increasingly malfunctioning as far too many lobbying interests, foreign actors and ideologues force the institution to cater to elites over the needs of the people. Voters overwhelmingly agree Congress is broken. The question becomes what can be done about it?
Both Democrat and Republican state legislators have noticed Congress’s institutional decline, and about three years ago, a bi-partisan group began quietly working together on possible solutions to this Federal problem. After countless meetings, it appears something remarkable is about to happen. There is a tenable, bi-partisan way to fix Washington DC.
We forget who owns our Constitution. It is not Congress. It is not the President. It is not even the Supreme Court. The people who “own” our Constitution, for lack of a better word, are the approximately 7,500 state legislators in the fifty states. The original legislatures created the Federal government to be of service to the states, and the states purposefully retained the power to reign in Congress if the time ever arose.
In the past, when the Constitution was amended, Congress would suggest changes. We’ve done that at least 17 times. Today though, the states are poised to finally use their Article V powers to do something Congress will never do: Constitutionally Reform Congress. All the states have to do is agree to meet, and it looks like they will.
The states have a primary incentive to reform Congress on Budget matters, but agency overreach and lack of concern for the people are important concerns. Congress is woefully unable to stop its disconnect from the people.
In fact, Congress recently separated itself even more. In April, they re-authorized a FISA bill allowing agencies to spy warrantless inside America but required warrants for Congress members. They long ago exempted themselves from insider stock trading bans, but now still allow what amounts to legal bribery for themselves through Leadership PACS and high paying campaign jobs for their spouses and family members. Worse yet, Congress is increasingly controlled by anonymous money influencers- the ‘donor class’ who provide all this “member funding.”
It is reported by members of Congress themselves that 30 hours are spent each week raising money from donors, and it shows. Most members seem to care less what people back home need until a few months before election time. They then use lobbyist money to persuade voters they really care. In the meantime, billions are funneled to “contractors” in and out of the country and not directed towards citizens and programs. State legislators noticed.
It is one thing when Congress misleads the media and voters, but when Congress misleads state legislators, Congress is agitating the wrong people- the very people who have the power to do something about it.
As such, there now exists a bi-partisan draft of a 28th Amendment to the Constitution proposing to reform Congress. No other part of the Constitution is altered. State legislators even went so far as to prohibit other topics without 3/4ths agreement prior. That rule prevents political issues such as the gun control, the Electoral College, or abortion from ruining the effort. The goal is to reform Congress and Federal overreach- nothing else.
So what does this new 28th Amendment to Reform Congress do?
It requires Congress submit a complete budget each year and on time. If they do not, the nation goes to an automatic Continuing Resolution budget- something we have been doing on and off for 50 years. Congress then loses its salary until they complete the budget.
However, the states will have the right to Veto the Budget if three-fifths oppose it. If that happens two years in a row, every member serving the last 24 months is banned from holding any Federal office after their term expires. This provision forces Congress to work together for the people back home- not for lobbyists in DC. In short, Congress essentially fires itself. No one has to do a thing.
Additionally, the budget can no longer be political. No law in the budget is allowed- only spending. Social Security and entitlements are finally protected from Congressional raids of trust funds. As well, Congress is forever banned from exempting itself from any law.
All law must be submitted to the states through a non-budget process. The people will have a final say. Essentially, the states become a much needed check and balance the Federal mess in DC. Congress will continue to have power over Defense with limits, which is after all, what Congress was largely created for.
Further, and very importantly, the 28th Amendment bans all out of state money for campaigns.
Lobbyists and billionaires are prevented from unfair electioneering advantages. If you are not a registered voter in a state- you will not be able to fund electioneering in that state. It levels the playing field absolutely. This is called “electoral equity.” Billionaires will have to buy islands instead of elections.
The 28th Amendment also requires the Federal government to obtain permission of a state for new immigration. Both blue and red states are overwhelmed by Federal policies that harm their cities, overburden their services, and negatively impact the environment. “Ask first” will be the new rule for all regulations.
The states will consider this 28th Amendment package in 2025 January sessions and likely schedule the meeting of the states for late 2025. The website for the final draft and summary will go live June 1 at Task28.com.
Our Constitution is never finished or perfect, and one can argue endlessly about philosophical interpretations of the past, but that does not mean we as a people should not reform Congress to make our country better.
Congress and dark money donors will fight hard against this- very hard. It won’t be pretty. However, using the Article V process, reform may very well become Constitutional law based on the positive reception it has received from the only people with the power to reform Congress- the state legislators.
Rick Maedje is a former state legislator, a graduate of Harvard University, and co-author of the 28th Amendment to Reform Congress. He has been a legislation consultant and bill drafter for 25 years.
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