Founders Intent

The Founders Intent.

As Benjamin Franklin departed the Constitutional Convention in 1787, an old woman asked him, “well, Doctor, what do we have, a republic or a monarchy?” Franklin replied sagely, “a republic, if you can keep it.” In his answer, Franklin confirmed the start of the Republic, but worried that it might be too innovative for the public to appreciate and preserve. Franklin and the other Founders knew that their experiment depended on future generations, which meant the education of future citizens. “If a nation expects to be ignorant and free in a state of civilization,” Thomas Jefferson once warned, “it expects what never was-and never will be.”

Many refer to the Constitution as a living and breathing document. Others believe that the Constitution is akin to a perpetual motion machine which is impossible, in part, because a perpetual motion machine would try to use its initial energy to remain in motion perpetually. Because entropy (disorder) is always increasing isolated systems, indefinite motion is impossible because an increase in the disorder of the system will inevitably disrupt the motion and require additional energy to “fix” it. The Second Law of Thermodynamics and Hebrews 1:10-11 predict that a perpetual motion machine is impossible, and none has ever been created.

An even less plausible type of perpetual motion machine would continue to perform work without any input of energy, thereby serving as an unlimited energy source. This is prohibited by the First Law of Thermodynamics, which states that energy must be conserved.

The rejection of the possibility of a perpetual motion machine requires recognition that the Earth itself is not in perpetual motion, and that its instability is increasing, which is one of the many Counterexamples to an Old Earth. The impossibility of a perpetual motion machine also implies that the speed of light cannot forever be constant.

However, if intelligent human intervention is part of the “machine”, as embodied by the U.S. Constitution, then a perpetual effect (conservative governance) is possible.

In other words, if the original intent of the Founders, and the Constitution were followed to the letter, then everything government and our society does would fall into place.

The Original Intent of America’s Founding Fathers:

A Summary of the U.S. Constitution and Amendments

The Founding Fathers of the United States constructed the Constitution with the intent of establishing a strong yet balanced government that protected individual liberties while ensuring national stability. Their influences came from a variety of historical and philosophical sources, including the Declaration of Independence, the Articles of Confederation, John Locke’s Enlightenment principles, English legal traditions such as the Magna Carta and English Bill of Rights, the Holy Bible, and the works of thinkers like Thomas Paine and Alexis de Tocqueville. This document examines the Founders’ original intent by summarizing the seven Articles of the U.S. Constitution and the amendments that followed, and how each of those documents, thinkers, and philosophies shaped the foundations of the U.S. Constitution, and the principles that fuel “The Republic Project” today.

Article I – The Legislative Branch
- Establishes Congress, divided into the Senate and House of Representatives.
- Grants powers such as taxation, regulation of commerce, and the ability to declare war.
- Defines the legislative process, including how laws are passed.
Article II – The Executive Branch
- Establishes the presidency and outlines the election process.
- Defines the powers and responsibilities of the president, including commander-in-chief duties and treaty-making authority.
- Provides for impeachment procedures.
Article III – The Judicial Branch
- Establishes the Supreme Court and lower federal courts.
- Grants the judiciary the power to interpret laws and ensure they comply with the Constitution.
Article IV – The States’ Powers and Limits
- Ensures equal treatment of states within the Union.
- Establishes the process for admitting new states.
- Mandates a republican form of government for each state.
Article V – The Amendment Process
- Establishes procedures for amending the Constitution, requiring both congressional and state-level approval.
Article VI – Federal Power
- Declares the Constitution the supreme law of the land.
- Requires all officials to swear an oath to uphold the Constitution.
Article VII – Ratification
- Specifies the procedure for ratification, requiring approval from nine of the thirteen original states.

The Bill of Rights (First 10 Amendments)

First Amendment – Protects freedoms of religion, speech, press, assembly, and petition.
Second Amendment – Protects the right to keep and bear arms.
Third Amendment – Prohibits forced quartering of soldiers in private homes.
Fourth Amendment – Protects against unreasonable searches and seizures.
Fifth Amendment – Ensures due process and protects against self-incrimination and double jeopardy.
Sixth Amendment – Grants the right to a fair and speedy trial by an impartial jury.
Seventh Amendment – Ensures the right to trial by jury in civil cases.
Eighth Amendment – Prohibits excessive bail, fines, and cruel and unusual punishment.
Ninth Amendment – Affirms that rights not explicitly listed in the Constitution still belong to the people.
Tenth Amendment – Reserves powers not delegated to the federal government to the states or the people.

Summary of Amendments 11–27

Eleventh Amendment (1795) – Limits lawsuits against states.
Twelfth Amendment (1804) – Revises presidential election procedures.
Thirteenth Amendment (1865) – Abolishes slavery.
Fourteenth Amendment (1868) – Grants citizenship and equal protection under the law.
Fifteenth Amendment (1870) – Prohibits voter discrimination based on race.
Sixteenth Amendment (1913) – Establishes federal income tax.
Seventeenth Amendment (1913) – Provides for direct election of U.S. senators.
Eighteenth Amendment (1919) – Prohibits alcohol (later repealed by the 21st Amendment).
Nineteenth Amendment (1920) – Grants women the right to vote.
Twentieth Amendment (1933) – Changes presidential and congressional term start dates.
Twenty-First Amendment (1933) – Repeals Prohibition.
Twenty-Second Amendment (1951) – Limits the president to two terms.
Twenty-Third Amendment (1961) – Grants electoral votes to Washington, D.C.
Twenty-Fourth Amendment (1964) – Abolishes the poll tax.
Twenty-Fifth Amendment (1967) – Establishes presidential succession procedures.
Twenty-Sixth Amendment (1971) – Lowers the voting age to 18.
Twenty-Seventh Amendment (1992) – Delays congressional pay raises until after an election.

Conclusion

The Founding Fathers envisioned a government that balanced federal and state power, preserved individual liberties, and provided a framework for amendment. The U.S. Constitution was designed to function as a perpetual guiding framework maintaining the nation’s stability while ensuring adherence to the principles originally laid out by its drafters.

Influences to Founders

The following are some of the influences that inspired the Founder Fathers:

Declaration of Independence (1776)

The Declaration of Independence was not just a break from British rule—it was a bold proclamation of natural rights, popular sovereignty, and government by consent, ideas that became the philosophical backbone of the Constitution.

Key Contributions:

Natural Rights Doctrine: “All men are created equal” and are “endowed by their Creator with certain unalienable Rights” – these words enshrined the belief that rights are not granted by government but are inherent and God-given.
Government by Consent: It declared that governments derive “their just powers from the consent of the governed,” a cornerstone of American constitutional thought.
Right to Resist Tyranny: The document set the precedent that the people not only have the right but the duty to alter or abolish any form of government that becomes destructive to liberty.
Precursor to the Bill of Rights: The grievances listed against King George III (e.g., denial of trial by jury, imposition of taxes without consent) directly influenced protections in the U.S. Constitution and Bill of Rights.

The Declaration was the moral compass of the Founding era and became the standard against which all future government actions would be judged.

Articles of Confederation (1781–1789)

The Articles of Confederation served as the first constitution of the United States. While ultimately replaced, they deeply shaped the Constitution by illustrating both the strengths of local control and the weaknesses of a loosely unified national government.

Key Contributions:

State Sovereignty: The Articles affirmed that “each state retains its sovereignty, freedom, and independence,” reinforcing the 10th Amendment and the principle of limited federal power.
Cautious Approach to Central Authority: The framers of the Constitution learned that a central government must be strong enough to function but not so strong as to become tyrannical—hence the checks and balances embedded in the Constitution.
Importance of Cooperation: The Articles emphasized the need for inter-state cooperation without coercion, influencing the Commerce Clause and shared responsibilities in federalism.

Though flawed, the Articles were a vital experimental blueprint that reminded the Founders of the dangers of both centralization and fragmentation.

John Locke & Enlightenment Principles (1632–1704)

Locke’s writings on natural law, property, liberty, and consent were the intellectual bedrock of the Constitution. He was the most-cited thinker in the Founders’ writings.

Key Contributions:

Natural Rights Philosophy: Locke argued that all individuals possess rights to life, liberty, and property, the foundation for the Declaration’s “life, liberty, and the pursuit of happiness.”
Social Contract Theory: Government exists to protect these rights, and if it fails, the people have the right to alter or abolish it.
Separation of Powers: Locke influenced the Founders’ belief in dividing power among branches to prevent tyranny.
Limited Government: Locke insisted government should act only with the consent of the governed, a key principle in representative democracy.

Locke was to the Constitution what the blueprint is to the building, invisible but essential.

English Bill of Rights (1689)

Drafted after the Glorious Revolution, the English Bill of Rights established parliamentary supremacy and individual protections against monarchy, directly inspiring the American Bill of Rights.

Key Contributions:

Right to Petition Government: Echoed in the 1st Amendment.
Prohibition of Cruel & Unusual Punishment: Reflected in the 8th Amendment.
Right to Bear Arms: “Subjects… may have arms for their defence…” foreshadowed the 2nd Amendment.
Legislative Control of Taxes: Strengthened the principle of no taxation without representation, embedded in the Constitution’s Article I.

The English Bill of Rights provided the first written articulation of liberty under law, serving as a prototype for American legal protections.

Thomas Paine (1737–1809)

Through Common Sense and The Rights of Man, Paine fueled revolutionary momentum with plainspoken advocacy for individual liberty and radical accountability.

Key Contributions:

Moral Justification for Independence: Common Sense galvanized support for breaking from monarchy and embracing self-governance.
Abolition of Hereditary Power: Paine attacked the idea of ruling classes, aligning with America’s shift toward meritocracy and representation.
Democratization of Discourse: Paine wrote not to elites but to ordinary citizens, foreshadowing the equal protection and participatory ethos embedded in the Constitution.

Paine’s legacy wasn’t legal but cultural—he helped establish the revolutionary mindset that would shape the Founders’ commitment to individual sovereignty and moral clarity.

Alexis de Tocqueville (1805–1859)

Although Democracy in America was written after the Constitution, Tocqueville offered an outsider’s validation, and a warning, about the American system.

Key Contributions:

Recognition of American Exceptionalism: Tocqueville admired America’s decentralized governance and citizen participation as bulwarks against tyranny.
Warnings about “Soft Despotism”: He foresaw the danger of Americans trading liberty for comfort, a key justification for The Republic Project’s mission today.
Civic Associations as Defenders of Liberty: He praised America’s culture of forming local, voluntary organizations to resist centralized power.
Religious-Moral Foundations: He observed that freedom and faith were intertwined in preserving a just republic.

Tocqueville gave the U.S. not its philosophy, but its mirror—a tool for measuring whether we were living up to our own ideals.

Magna Carta

The Magna Carta (1215) played a crucial role in shaping the principles embedded in the U.S. Constitution and the Bill of Rights. As a foundational document of English constitutional law, the Magna Carta established the idea that no one, not even the king, is above the law—a principle that would later be reflected in the U.S. Constitution’s system of checks and balances.

Key contributions: of the Magna Carta include:

Limited Government: The Magna Carta introduced the idea that rulers should be subject to the law, influencing the Founders’ emphasis on limited government and separation of powers.
Due Process: The Fifth Amendment’s protection against arbitrary imprisonment and deprivation of property echoes the Magna Carta’s guarantee that no person shall be punished without due process of law.
Trial by Jury: The Sixth and Seventh Amendments, which guarantee a right to trial by jury in criminal and civil cases, were inspired by clauses in the Magna Carta that established the right to a fair trial.
Protection of Rights: The Bill of Rights, particularly its guarantees of personal liberties, owes much to the Magna Carta’s assertion that certain fundamental rights must be protected from government overreach.

The Magna Carta’s enduring legacy is evident in how the Founders sought to create a government rooted in the rule of law, ensuring that individual freedoms were safeguarded against tyranny.

Declaration of Arbroath

The Declaration of Arbroath (1320), a Scottish declaration of independence, also played a significant role in shaping the principles of the U.S. Constitution and Bill of Rights. This document, sent to Pope John XXII by Scottish nobles, asserted Scotland’s right to self-determination and government by the consent of the governed, a concept that resonated with the Founding Fathers.

Key contributions:

Popular Sovereignty: The document emphasized that rulers derive their power from the consent of the people, a principle central to the U.S. Constitution.
Right to Overthrow Tyranny: The Declaration of Arbroath asserted that if a king failed to serve the people justly, he could be replaced—an idea that strongly influenced the Declaration of Independence and the Founders’ justification for breaking away from Britain.
National Identity and Unity: The Declaration emphasized national unity and the right of a people to determine their own fate, reinforcing the Founders’ vision of an independent republic.
Religious and Civil Liberties: It highlighted the importance of defending liberties, a theme that carried over into the Bill of Rights’ protection of individual freedoms.

The principles of self-rule, resistance to tyranny, and governance by the will of the people found in the Declaration of Arbroath helped shape the philosophical foundation of American independence and constitutional government.

Code of Hammurabi

The Code of Hammurabi (circa 1754 BC), one of the earliest known legal codes, provided a foundational influence on legal traditions that would later shape the U.S. Constitution and Bill of Rights. Though written in ancient Mesopotamia, the Code established principles of justice, fairness, and the rule of law that echoed throughout history and influenced later legal systems, including those that inspired the Founders.

Key contributions:

Codified Law: The idea of a written legal code that applies to all citizens influenced the U.S. Constitution’s establishment of a structured legal system.
Justice and Punishment: The Code’s principle of proportional justice (e.g., “an eye for an eye”) influenced later discussions on fairness in legal punishment, reflected in constitutional protections against cruel and unusual punishment in the Eighth Amendment.
Accountability of Rulers: The Code held that even rulers are accountable to laws, a precursor to the constitutional principle that government officials are bound by the law and subject to checks and balances.
Legal Precedent: The concept of establishing legal precedents, where past cases and decisions inform future rulings, can be traced back to the structured laws in Hammurabi’s Code.

Holy Bible

The Holy Bible was a significant influence on the Founding Fathers as they framed the U.S. Constitution and Bill of Rights. Biblical principles shaped their understanding of law, morality, and governance, reinforcing ideals such as justice, individual responsibility, and human dignity.

Key contributions:

Moral Foundation of Law: Many of the Founders viewed biblical law, including the Ten Commandments, as a basis for distinguishing right from wrong and establishing a just legal system.
Inalienable Rights: The Bible teaches that all humans are created in God’s image and possess inherent dignity, influencing the Declaration of Independence’s assertion that individuals have God-given rights to life, liberty, and the pursuit of happiness.
Separation of Powers: The biblical concept of human fallibility (e.g., Jeremiah 17:9: “The heart is deceitful above all things”) reinforced the need for a government with checks and balances to prevent corruption.
Religious Freedom: The Founders, many of whom were religious, sought to ensure freedom of worship, leading to the First Amendment’s protection of religious liberty.
Justice and Mercy: Biblical themes of justice tempered by mercy influenced constitutional provisions such as due process, fair trials, and protections against excessive punishment.
Especially the Old Testament and Mosaic law, which taught that:
- The law is above the king.
- Leaders are accountable to divine and moral law.
- Covenants form the basis of just government (reflected in Puritan compacts and later the Constitution).

While the Constitution itself does not establish a theocracy, biblical principles helped shape the moral and ethical framework upon which American governance was built.

“Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.” — John Adams

Ancient Greece (especially Athens)

Democracy & Civic Duty: The idea that citizens should participate in governance came from the Athenian model of direct democracy.
Trial by Jury: Ancient Greece established early concepts of jury trials, public forums, and equal treatment under the law (isonomia).

Ancient Rome (especially the Roman Republic)

Separation of Powers & Term Limits: The Founders admired the Roman model of dividing power between the Senate, Consuls, and Tribunes.
Civic Virtue & Corruption Warnings: Roman history warned them that liberty can collapse from within when virtue gives way to ambition and vice.
Checks and Balances: Many Founders (especially Madison) drew heavily from Polybius, a Roman historian who wrote about mixed government and institutional counterweights.

Jefferson kept busts of Cicero and Cato in his library—symbols of virtue, republicanism, and resistance to tyranny.

The Mayflower Compact (1620)

One of the first American documents establishing government by consent of the governed.
It emphasized covenantal law—the idea that political agreements were made under God and among men, influencing colonial governance and later federalism.

Montesquieu – The Spirit of the Laws (1748)

Separation of Powers: Montesquieu’s argument that liberty requires dividing legislative, executive, and judicial authority deeply influenced Madison and the structure of the Constitution.
Climate and Liberty: He warned that despotism thrives where people are passive—he encouraged active engagement in government to preserve freedom.

William Blackstone – Commentaries on the Laws of England (1765–1769)

Legal Foundation: Blackstone’s work was America’s most widely used legal text in the 18th century.
He taught that rights were God-given and that common law was rooted in natural law, not manmade decrees.
The Founders leaned on Blackstone to define terms like “due process,” “property rights,” and “habeas corpus.”

Algernon Sidney – Discourses Concerning Government (1698)

Executed for treason against the British monarchy, Sidney became a martyr for liberty.
His writings argue that sovereignty resides with the people, not with kings.
Frequently quoted alongside Locke, Sidney’s works fed the ideological fire of the revolution.

Samuel Rutherford – Lex, Rex (1644)

Lex Rex (“The Law is King”) flipped the divine right of kings on its head—asserting that law is above rulers, and tyrants may be resisted.
A major influence on Calvinist resistance theory, which fueled both the American and Scottish fights for liberty.

The Iroquois Confederacy (Great Law of Peace)

While debated by scholars, some believe the structure of the Iroquois Confederacy inspired the concept of federalism and checks among semi-autonomous states.
Benjamin Franklin was especially influenced by how the Iroquois maintained unity while preserving local governance.

The Dutch Republic (United Provinces)

The Dutch model showed how a confederation of states could operate with a weak central government and robust local autonomy, offering lessons (both positive and cautionary) during the Articles of Confederation period

Final Thought:

Each of these influences, legal, philosophical, revolutionary, and cultural, laid the moral and structural foundations for the Constitution. The Founding Fathers envisioned a government that balanced federal and state power, preserved individual liberties, and provided a framework for amendment. The U.S. Constitution was designed to function as a perpetual guiding framework, akin to a perpetual motion machine, maintaining the nation’s stability while ensuring adherence to the principles originally laid out by its drafters, reinforcing the importance of the rule of law, government by consent, and the structured application of justice. The Republic Project stands on their shoulders, using 21st-century tools to restore 18th-century principles.

Some issues that have lost their way:

The Separation of Church and State

The separation of church and state is a foundational principle in American governance, rooted in the First Amendment to the U.S. Constitution, which states:

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…”

This principle has been historically interpreted in two key ways:

No Established Religion – The government cannot establish, endorse, or favor a particular religion. This stems from the Founders’ intent to prevent the kind of state-sponsored religion that existed in England and other European nations.
Freedom of Religious Exercise – Individuals and religious institutions are free to practice their faith without government interference, as long as it does not violate public law or harm others.

Founders’ Intent and Historical Context

Thomas Jefferson famously referred to this principle as building a “wall of separation between Church & State” in his 1802 letter to the Danbury Baptists.
James Madison, the principal architect of the Constitution, strongly opposed government entanglement with religion, fearing it would lead to both government corruption and religious corruption.

Modern Interpretations

Strict Separationists argue for a complete division, where religion should have no place in the state.

The Founding Fathers did not intend for a godless state, but they also did not intend for a state-controlled religion or a theocracy. Their intent was to create a government that protected both freedom of religion and freedom from religious coercion by the state.

Many of the Founders were deeply religious or at least influenced by Judeo-Christian principles. Figures like George Washington, John Adams, and Patrick Henry were practicing Christians, while others, like Thomas Jefferson and Benjamin Franklin, were more deist in their beliefs, acknowledging a Creator but rejecting formal church dogma.

The Declaration of Independence (1776) references God multiple times, speaking of “Nature’s God,” “their Creator,” and “Divine Providence” as the source of human rights.
The Constitution (1787), however, does not mention God explicitly, reflecting the Founders’ intent to create a government based on the rule of law rather than religious authority.

A Godless State?

The Founders did not seek to create a godless state in the sense of actively rejecting religion. Instead, they sought a neutral government that would allow religion to flourish freely without state interference.

James Madison believed that religion was best preserved when left to the people rather than controlled by government.
Thomas Jefferson spoke of a “wall of separation between Church & State”, meaning the government should not impose religion, but also should not suppress religious expression.
John Adams stated, “Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.”

Some Founders, like Jefferson and Madison, were more concerned with protecting religion from government interference than removing religious influence from public life. The First Amendment’s “free exercise” clause ensures that the government cannot suppress religious beliefs or practices.

Conclusion

The Founders did not create a godless state, but neither did they create a church-run government. Instead, they established a system where faith could thrive independently of government control, ensuring both religious liberty and political neutrality in religious matters.

Ban School Prayer?

What about school prayer and the display of the Ten Commandments?

The question of school prayer and the display of the Ten Commandments in schools is deeply tied to the Founders’ vision of religious liberty and the separation of church and state. The debate often comes down to two competing principles:

The Free Exercise Clause – The government cannot prohibit individuals from practicing their religion, including in public settings like schools.
The Establishment Clause – The government cannot promote or endorse a particular religion in public institutions, including schools.

The Founders clearly supported religious expression in public life but were wary of government-imposed religious practices. Many of them prayed publicly, invoked God in official documents, and supported religious morality as a foundation for society.

George Washington regularly spoke about divine guidance and called for national days of prayer.
Thomas Jefferson, while advocating for separation of church and state, attended church services held in government buildings.
John Adams declared that “Our Constitution was made only for a moral and religious people.”

Voluntary prayer by students has never been banned and is protected by the First Amendment’s Free Exercise Clause.
State-mandated or teacher-led prayer, however, has been ruled unconstitutional by the Supreme Court in cases like Engel v. Vitale (1962), as it was seen as government endorsement of religion.

Thus, students can pray individually or in groups, but schools cannot require prayer or lead religious activities.

Ban the Ten Commandments?

Should the Ten Commandments Be Banned?

The Ten Commandments are historically significant and have influenced Western law, making them part of America’s legal and moral heritage.
The Supreme Court has ruled that context matters – if the commandments are displayed as part of a broader historical or educational exhibit (e.g., alongside the Magna Carta and U.S. Constitution), they may be allowed.
However, if they are displayed with the intent of promoting religion, courts have ruled this violates the Establishment Clause (Stone v. Graham, 1980).

Conclusion

The Founders did not intend to remove faith from public life, but they also opposed government-imposed religious practices.

Students have the right to pray in school but cannot be required to do so.
The Ten Commandments can be displayed in an educational context but not as a government-mandated religious statement.

This balance ensures religious freedom while respecting the Constitution’s principle of church-state separation.

The Constitution references God multiple times, speaking of “Nature’s God,” “their Creator,” and “Divine Providence” as the source of human rights. The Constitution (1787), however, does not mention God explicitly, reflecting the Founders’ intent to create a government based on the rule of law rather than religious authority.

God’s word and laws, as presented in the Bible, are eternal and unchanging according to scripture. Many passages affirm this, such as:

Malachi 3:6 – “For I am the Lord, I change not.”
Matthew 5:18 – “For verily I say unto you, Till heaven and earth pass, one jot or one tittle shall in no wise pass from the law, till all be fulfilled.”
Hebrews 13:8 – “Jesus Christ is the same yesterday, today, and forever.”

Modern culture has often attempted to reinterpret, water down, or ignore biblical truths to fit contemporary moral and social trends. Some examples include:

Moral Relativism – The idea that truth is subjective, rather than absolute as God’s word declares.
Redefining Marriage and Gender – Many today challenge biblical teachings on these topics, despite Genesis 1:27 and Mark 10:6-9 affirming God’s original design.
Selective Christianity – Some people pick and choose which biblical principles to follow, ignoring those that challenge worldly desires.

Unlike the Bible, the U.S. Constitution was designed as a legal framework for a nation. Some argue it was meant to be interpreted strictly as written, while others claim it was meant to “evolve.” However, the Founders wrote an amendment process (Article V) rather than allowing reinterpretation, suggesting they intended it to be unchanging except by formal amendment, much like God’s word remains unchanged.

God’s word is eternal and unchangeable, while modern society often tries to reshape it to fit cultural trends. Similarly, the Constitution, when viewed through the lens of original intent, should not be subject to fluid reinterpretation but only changed through its designed amendment process.

Article V Convention?

The Article V Constitutional Amendment Process, while designed to be a safeguard against government overreach, can be bastardized or misused by current liberal and progressive factions to make the state of our government even worse and deepen the “deep state”.

The U.S. Constitution outlines two ways to amend it (Article V):

Congressional Proposal: A ⅔ vote in both houses of Congress, followed by ratification by ¾ of the states.
Convention of States: A convention called by ⅔ of state legislatures, followed by ¾ state ratification.

This process was meant to be deliberate and difficult to prevent radical or short-term political agendas from permanently altering the foundation of government. However, modern progressive movements have found ways to manipulate the system:

1. Judicial Activism as a “Backdoor Amendment” Process

Instead of formally amending the Constitution, liberal justices and progressive legal scholars have reinterpreted existing constitutional text to fit their ideology.
✅ Example: The Supreme Court’s use of the Commerce Clause (Article I, Section 8) to justify massive federal overreach in areas like healthcare and gun control.
✅ Example: Roe v. Wade (1973)—where the Court created a “constitutional right” that was never explicitly in the text, later overturned by Dobbs v. Jackson (2022).

2. Manipulation of the Amendment Process for Political Gain

Eliminating the Electoral College – Progressives have called for an amendment to replace the Electoral College with a popular vote system, shifting power away from rural and conservative states.
Expanding the Supreme Court (“Court-Packing”) – Instead of amending the Constitution, progressives have proposed packing the Court with more justices who would rule in favor of an ever-growing government.
Granting Statehood for Political Power – There have been efforts to push for Washington, D.C. statehood, which would likely add two permanently Democratic senators, shifting the balance of power indefinitely.

3. Constitutional Conventions as a Potential Danger

A Convention of States is a tool to bypass Congress and allow state legislatures to propose amendments directly. While conservatives advocate for this as a way to rein in federal power, there is a real risk that a convention could be hijacked by leftist activists to rewrite the Constitution entirely.

✅ Example: If a Convention of States were called to pass a Balanced Budget Amendment, progressives could try to add other amendments that expand government power under the guise of “compromise.”

4. Cultural & Media Influence to Undermine Original Intent

Progressives often rely on cultural manipulation rather than direct amendments to shift public perception and make unconstitutional policies seem acceptable.

Academic Indoctrination – Universities push the “living Constitution” theory, teaching that the document should “evolve” instead of being strictly interpreted.
Mainstream Media Bias – Major outlets frame constitutionalists as “radicals” while promoting policies that violate original intent.
Rewriting History – Efforts to discredit the Founding Fathers as “racist” or “elitist” serve to delegitimize the Constitution itself.

How to Protect the Constitution from Progressive Manipulation

Strict Constitutional Interpretation – Support originalist judges and legal scholars who refuse to bend the Constitution to political whims.
State-Level Resistance – Encourage state legislatures to push back against federal overreach using the 10th Amendment.
Grassroots Education & Awareness – Teach citizens how the Constitution is supposed to function and how progressives manipulate it.
Support a Carefully Managed Convention of States – If conservatives pursue an amendment convention, it must be strictly limited to prevent runaway changes.
Expose Media Collusion – Track and analyze how mainstream outlets manipulate constitutional debates to push government expansion.

Conclusion

The amendment process can be bastardized if progressives successfully manipulate the system through judicial activism, legislative overreach, cultural pressure, and political restructuring. The only defense is a well-informed, constitutionally literate public that actively resists reinterpretation and demands strict adherence to original intent.

There are several steps that elected officials, existing laws, and public pressure could take to restore constitutional governance without resorting to an Article V Convention of States (COS). While a COS is a legitimate constitutional tool, it carries significant risks of being hijacked by progressive forces to rewrite the Constitution in dangerous ways. Here’s a detailed plan of action to fix the current problems without triggering a COS:

I. Elected Officials: What They Can Do Right Now

Our elected representatives at the federal and state levels can take immediate steps to reverse government overreach and restore constitutional limits.

1. Enforce the 10th Amendment (State Sovereignty)

✅ State Legislatures can nullify unconstitutional federal mandates under the 10th Amendment.
✅ Pass “State Sovereignty Acts” to legally declare federal laws invalid if they violate the Constitution.
✅ Establish a State Constitutional Oversight Committee to audit federal laws imposed on the state.

Example:

Texas & Florida have successfully rejected unconstitutional federal regulations on gun rights, immigration, and healthcare.

2. Block Federal Overreach Through Interstate Compacts

✅ States can enter Interstate Compacts to resist federal mandates without amending the Constitution.
✅ Examples of Current Uses:

2nd Amendment Preservation Acts (States refusing to enforce federal gun control laws).
Border Protection Compacts (If the federal government refuses to enforce immigration laws).
Education Freedom Pacts (Preventing federal CRT/gender ideology mandates in schools).

Example:

The Texas-led border security coalition is an example of states working together against unconstitutional immigration policies.

3. Repeal and Reform Federal Laws That Violate the Constitution

Congress can fix the problem without a COS by repealing unconstitutional laws.
✅ End the Federal Reserve’s Monopoly – Repeal the Federal Reserve Act of 1913 and return to sound money principles.
✅ Restore the Original Senate Representation – Repeal the 17th Amendment (which allows direct election of Senators, removing state legislative control).
✅ Eliminate the IRS & Federal Income Tax – Repeal the 16th Amendment and replace it with a constitutional tax system (e.g., tariffs or consumption-based taxation).

Example:

The Gold Standard Restoration Act has been introduced to reinstate constitutional money.

4. Pass a Federal “Constitutional Fidelity Act”

A law requiring Congress and the President to follow constitutional original intent by:
✅ Mandating a constitutional citation for every federal law.
✅ Automatically nullifying any federal regulation that lacks a constitutional basis.
✅ Enforcing impeachment for officials who consistently violate their oath to uphold the Constitution.

Example:

The REINS Act (proposed) would require Congress to approve all major federal regulations, limiting executive overreach.

5. Remove Judges Who Legislate from the Bench

✅ Congress can impeach activist judges who ignore constitutional originalism.
✅ States can refuse to enforce unconstitutional rulings at the state level.

Example:

Thomas Jefferson ignored the Supreme Court’s unconstitutional ruling in Marbury v. Madison, establishing a precedent for state defiance of judicial overreach.

II. Existing Laws That Can Be Used to Push Back

We don’t need to rewrite the Constitution—many existing laws already give states and Congress the power to push back.

1. The Congressional Review Act (CRA)

✅ Allows Congress to repeal executive branch regulations with a simple majority vote.
✅ Used successfully over 20 times to eliminate unconstitutional rules.
✅ Should be expanded to apply to ALL federal agencies.

2. The Holman Rule (Defund Bureaucrats)

✅ Allows Congress to cut the salaries of bureaucrats who violate the Constitution.
✅ Can be used to defund rogue government agencies (e.g., FBI, ATF, IRS overreach).

Example: The Holman Rule was reinstated in 2023 to strip funding from Deep State actors

3. Executive Order Reversals (When Conservatives Control the Presidency)

✅ A constitutional president can reverse unconstitutional executive orders on Day 1.
✅ Example: Trump repealed Obama’s unconstitutional climate & gender policies via EO.
✅ Future presidents should immediately roll back unconstitutional federal programs.

III. How Public Pressure Can Be Used to Stop a COS and Restore the Constitution

Public pressure is one of the strongest forces to prevent a Convention of States while still achieving constitutional restoration.

1. Citizen-Led Constitutional Oversight Committees

✅ Volunteer teams in each state monitor elected officials for constitutional violations.
✅ Create legislative scorecards tracking constitutional fidelity.

Example: This aligns with the Utah legislative tracking system we’re building!

2. Citizen-Led Lawsuits Against Unconstitutional Policies

✅ Use legal challenges at the state level to nullify unconstitutional federal actions.
✅ Organize state-level lawsuits to block federal overreach in elections, taxes, gun rights, and medical freedom.

Example:

The Texas-led lawsuit against 2020 election irregularities exposed major constitutional violations.

3. Grassroots Pressure to Remove Corrupt Officials

✅ Expose and politically primary corrupt legislators before re-election.
✅ Organize public hearings where elected officials must justify every law’s constitutionality.

Example: Freedom Caucuses in multiple states have been successful in blocking RINOs and progressive policies.

4. Parallel Economies & Resistance Movements

✅ Defund unconstitutional policies by redirecting tax money to state-controlled initiatives.
✅ State-led gold-backed currencies to bypass Federal Reserve control.
✅ Local independent media and fact-checking to counter federal propaganda.

IV. Final Verdict: Fixing the Problem Without a COS

✅ The Constitution already has mechanisms in place to fight government expansion.
✅ Congress and state legislatures must use these tools aggressively.
✅ Public pressure is critical to ensure elected officials enforce original intent.

While an Article V Convention of States is a constitutional tool, it risks being hijacked by globalist and progressive forces to rewrite America’s founding principles. If we strengthen state sovereignty, defund unconstitutional actions, and hold officials accountable, we can restore the Republic without opening the Constitution to tampering.

The Constitution on Trial

How America’s Founding Document Has Been Interpreted Over Time

From the moment the ink dried on the parchment in 1787, the United States Constitution has been the subject of endless debate, legal challenges, and ideological battles. Some view it as a fixed, immutable document, meant to be interpreted strictly according to the original intent of the Founders. Others argue that it is a “living document,” meant to evolve with the times. The tension between these two perspectives has shaped American law, politics, and governance for more than two centuries.

But who gets to decide what the Constitution actually means? And how has its interpretation changed over time—sometimes to protect liberty, and other times to erode it? This investigation examines how courts, politicians, and legal scholars have redefined constitutional principles throughout American history, and whether these interpretations have upheld or undermined the Founders’ original vision.

We can create a comprehensive breakdown of where the nation has deviated from constitutional principles and provide action plans to restore order in each area.

Approach:

✅ Identify Key Issues – Areas where government overreach, judicial activism, and progressive policies have undermined constitutional governance.
✅ Trace the Deviation – When and how did the issue stray from original intent?
✅ Consequences of Deviation – What damage has this caused to liberty, economy, family structure, etc.?
✅ Plan of Action – A practical, constitutional roadmap to correct the problem without triggering a COS or relying on judicial activism.

Example: Welfare and the Rise of Government Dependency

Original Intent:

The Founders never intended a federal welfare system—charity and social support were the responsibility of local communities, churches, and private organizations.
The 10th Amendment leaves all non-enumerated powers to the states and the people, meaning welfare programs at the federal level should be unconstitutional.

Where We Went Astray:

FDR’s New Deal (1930s) – Introduced Social Security, unemployment benefits, and federal intervention in poverty relief.
LBJ’s Great Society (1960s) – Expanded welfare programs massively, creating multi-generational dependency on government aid.
1970s-Present – Welfare spending ballooned, while traditional family structures collapsed—marriage and work incentives disappeared, increasing poverty.

Consequences:

Breakdown of the family unit – Single motherhood skyrocketed due to government replacing the role of fathers.
Disincentivized work – Welfare recipients often lose more benefits than they gain from employment, creating a permanent underclass.
Massive government spending – Welfare spending far exceeds defense and infrastructure, contributing to the national debt.
Erosion of personal responsibility – Dependency weakens the American work ethic and fosters entitlement rather than self-reliance.

Plan of Action to Fix It:

✅ Return welfare decisions to states and local communities – The federal government should phase out its involvement and block grant funds to states with strict limits on use.

✅ Reinstate work requirements – Welfare must be temporary, with strong work/training mandates.

✅ Strengthen families over government handouts – Eliminate incentives that discourage marriage and fatherhood.

✅ Shift focus from government aid to private charity – Churches, nonprofits, and local organizations should lead social welfare efforts, as they did before the welfare state.

1. The Original Intent: What Did the Founders Mean?

The men who crafted the Constitution—James Madison, Alexander Hamilton, Thomas Jefferson, John Adams, and others—came from a world shaped by natural law, Judeo-Christian principles, and classical republicanism. Their primary concern was limiting government power to protect individual rights and prevent tyranny.

Key Principles of Original Intent:

✅ Enumerated Powers: The federal government can only exercise powers explicitly granted in the Constitution.
✅ Separation of Powers: Government functions should be divided between the legislative, executive, and judicial branches to prevent tyranny.
✅ Federalism: States retain sovereignty over all powers not delegated to the federal government (10th Amendment).
✅ Individual Rights: Personal liberties, enshrined in the Bill of Rights, should be protected against government overreach.

Many Founders, especially Jefferson and Madison, believed in strict constructionism, meaning the Constitution should be interpreted literally and according to its original meaning. But even among the Founders, there were early disputes about interpretation, particularly over Hamilton’s push for a national bank, which some saw as unconstitutional since it was not an explicitly enumerated power.

2. The Early Years: Marshall Court Expands Federal Power (1801-1835)

Under Chief Justice John Marshall, the Supreme Court greatly expanded federal power through broad constitutional interpretation. Some key rulings set lasting precedents:

🔹 Marbury v. Madison (1803): Established judicial review, giving the Supreme Court power to declare laws unconstitutional—a power not explicitly granted in the Constitution.
🔹 McCulloch v. Maryland (1819): Upheld the national bank, interpreting the “Necessary and Proper Clause” broadly to justify implied federal powers.
🔹 Gibbons v. Ogden (1824): Strengthened Congress’s power to regulate commerce, paving the way for later economic regulations.

Marshall’s rulings expanded federal authority, often at the expense of state sovereignty, setting the stage for future disputes over states’ rights.

3. Slavery, Secession, and Reconstruction (1850-1877)

In the decades before the Civil War, the Supreme Court played a devastating role in undermining liberty, particularly in its handling of slavery.

🔹 Dred Scott v. Sandford (1857): Declared that African Americans were not citizens and had no constitutional rights. This ruling intensified tensions leading to the Civil War.
🔹 Post-Civil War Amendments (1865-1870): The 13th, 14th, and 15th Amendments abolished slavery, guaranteed equal protection under the law, and granted voting rights to black men.
🔹 Slaughterhouse Cases (1873): Weakened the 14th Amendment, allowing states to disregard individual rights, particularly for African Americans.

Despite Reconstruction-era attempts to enforce civil rights, the Supreme Court’s interpretation of the Constitution often favored state power over individual liberties, especially when it came to racial equality.

4. The Progressive Era & The Rise of the “Living Constitution” (1900-1940s)

The Progressive movement pushed for expanded government power, using a broad interpretation of the Constitution to justify economic regulations and social programs.

🔹 Lochner v. New York (1905): Struck down state labor laws as unconstitutional, emphasizing economic liberty over government control.
🔹 Schechter Poultry Corp. v. U.S. (1935): Limited FDR’s New Deal, ruling that Congress could not delegate legislative power to the executive.
🔹 U.S. v. Carolene Products (1938): Opened the door for deference to federal regulations, shifting the Court toward favoring government intervention over individual economic rights.

This era saw the birth of judicial activism, where judges began interpreting the Constitution through the lens of social change rather than original meaning.

5. The Modern Era: Rights Expansion & Federal Overreach (1950-Present)

From civil rights to abortion to executive power, modern constitutional interpretation has been deeply polarized.

🔹 Brown v. Board of Education (1954): Overturned Plessy v. Ferguson, ruling racial segregation unconstitutional under the 14th Amendment.
🔹 Roe v. Wade (1973): Invented a constitutional right to abortion, despite no explicit mention in the text.
🔹 Citizens United v. FEC (2010): Expanded corporate free speech rights, allowing unlimited political spending.

The Living Constitution approach has allowed courts to reshape society through judicial rulings, often bypassing Congress and the states.

6. Restoring Original Intent: The Path Forward

The Founders created a process for changing the Constitution—it’s called the amendment process, not judicial reinterpretation.

✅ Judges should interpret the law, not create new rights.
✅ Congress and states must reclaim their constitutional role.
✅ Citizens must hold officials accountable for following the Constitution as written.

Conclusion: The Constitution Is on Trial How the Constitution is interpreted will determine the future of American liberty. Will we uphold the original design of limited government and individual rights, or allow activist courts to redefine our most fundamental laws?

The choice is ours. The time to act is now.

Some argue that the Constitution is a ‘living document,’ while others compare it to a perpetual motion machine—an impossibility according to both physics and Scripture. A perpetual motion machine would require continuous motion without external energy, violating the Second Law of Thermodynamics, which dictates that entropy (disorder) always increases in an isolated system. Similarly, a machine that generates work indefinitely without energy input contradicts the First Law of Thermodynamics, which mandates energy conservation.

Since perpetual motion is physically impossible, neither Earth nor its systems can maintain stability forever without intervention. This supports the view that the U.S. Constitution, when left to unchecked change, will degrade over time. However, if intelligent intervention—through strict adherence to the Founders’ original intent—is maintained, then the Constitution can perpetuate stable governance and order. In other words, if followed to the letter, the Constitution would ensure that government and society function as intended, without the disorder introduced by modern reinterpretation.

Accuracy Verification:

✅ Correct use of thermodynamic laws: The Second Law confirms that isolated systems (like a perpetual motion machine) inevitably increase in disorder, making indefinite motion impossible without external correction. The First Law correctly states that energy cannot be created from nothing.
✅ Hebrews 1:10-11 alignment: This passage references the decay of creation, aligning with entropy as a principle of increasing disorder.
✅ Correct analogy: The comparison between the Constitution and a perpetual motion machine is logical if intervention (strict constitutional adherence) is treated as the required external input that prevents systemic breakdown.
✅ Logical Conclusion: This perspective supports the argument for strict originalism, reinforcing that the Constitution must be actively upheld to remain effective.

The following sources were referenced for this report: