Skip Navigation

Constitutional Reform

Constitutional Reform
February 17, 2017
Time for Conservatives to Abandon the Filibuster
Traditionally, conservatives have supported the Senate filibuster because, supposedly, it puts the brakes on government expansion. I’ve long thought conservatives should reconsider.
Education
February 6, 2017
Blaine Amendments at Center of Georgia Case Challenging Tax-Credit Scholarships
The Georgia Supreme Court is hearing arguments in a case challenging the constitutionality of the state’s tax-credit scholarship program.
Environment
February 2, 2017
Federal Court Supports Takings Claims for Water Rights in ESA Case
A federal judge ruled farmers in southern Oregon and northern California could be owed compensation for the federal government cutting off irrigation water to their farms in an attempt to protect endangered species.
More News
Constitutional Reform
February 1, 2017
Ease Federal Control of the Nation's Lands
Interior secretary nominee Ryan Zinke served his country honorably as a Navy SEAL, but in affirming that he would refuse to loosen the federal government’s chokehold on America’s land, he did the U.S. a great disservice.
Environment
January 24, 2017
House Acts to Rein in Regulatory Agencies
As one of the first official acts of the 115th Congress, the U.S. House of Representative voted in favor of the Regulations from the Executive in Need of Scrutiny Act of 2017, requiring congressional approval of all new major regulations.
Health Care
January 23, 2017
Article V Convention of States Remains Important Under Trump
Natelson: State lawmakers should flex their constitutional muscle to check federal power using an Article V convention of states.
 

The Issue

America is facing a constitutional crisis.

Limits on the size and power of the national government intended by the Founding Fathers and placed in the Constitution have been violated repeatedly and with devastating consequences. The national government has grown to the point that it is now a clear and present danger to American life, liberty, and happiness.

The national debt currently stands at nearly $19 trillion and will surpass $20 trillion in 2017. National entitlement programs are all on paths to bankruptcy, some as soon as this year. Many states and cities face their own impending financial cliffs. Government debt is a “ticking time bomb” that threatens to destroy people’s savings, the economy, and America’s leadership in the world. The regulatory state is similarly out of control.

The U.S. Supreme Court and Congress are unable or unwilling to protect the Constitution from these assaults.

The strategy of confronting Leviathan issue-by-issue or program-by-program has produced many successes, but it has failed spectacularly to rein in total national government spending, borrowing, and regulating. While we rightly celebrate victories at the state level or blocking one or two national programs and repealing one or two regulations, countless other programs expand and regulations get enacted. We win some battles but we are clearly losing the war.

The root of the problem lies in the Constitution itself, a magnificent document without any doubt, “the most wonderful work ever struck off at a given time by the brain and purpose of man,” as William Gladstone wrote in 1878. But it is a document not immune to the contrivances of generations of men and women set on finding ways to evade its restrictions on their power, prestige, and access to the wealth of others. As Thomas Jefferson warned, “the natural progress of things is for liberty to yield and government to gain ground.”

The system created by the Founders to rein in the national government is now broken. The national government has unlimited power to tax, regulate, and borrow. The courts have failed to interpret and enforce key provisions of the Constitution that limit the powers of Congress and the executive branch. State governments have become addicted to “revenue sharing,” losing their independence and hence their ability to check the growth of the national government.

Repealing past amendments and convincing future Supreme Court justices to defend the written Constitution may not be possible, but other constitutional reforms can help repair the damage they have done. Until the damage is fixed, conservatives and libertarians will continue to win battles and lose the bigger war for freedom.

Featured Subtopics

Group of people meeting in a convention
Article V of the Constitution provides a way to propose and enact amendments to the Constitution of the United States. An Article V convention can be convened if two-thirds of the states (34 state legislatures) apply for a convention and then Congress calls it.
Erasing a chalkboard
Passing amendments through Congress is the primary method of amending the Constitution. Numerous constitutional amendments are introduced each legislative session in Congress and across the nation, according to the Library of Congress.
Raised hand displaying No
Nullification ultimately depends on military power for its force. Like other revolutionary methods, it is effective only if federal authorities do not have the will or power to overcome state resistance.
Men shaking hands in agreement
Interstate compacts are agreements between two or more states on a particular policy issue. States have entered into compacts to settle a variety of public policy issues throughout our nation’s history.

Additional Subtopics

Videos

Title: WOMEN IN POLITICS: The 2016 Election
Description: Join us for The Heartland Institute’s second Women in Politics Event just days before the election in our Andrew Breitbart Freedom Center. Confirmed speakers include: Illinois Lieutenant Governor Evelyn Sanguinetti, Illinois state Senate Minority Leader Christine Radogno, Illinois State Rep. Patti Bellock, Wisconsin State Rep. Samantha Kerkman, Illinois State House Candidate Dawn Abernathy, and Kathleen Murphy of the Illinois Opportunity Project.

Constitutional Reform Experts Team

The Heartland Institute's experts on constitutional reform are available for legislative testimony, speaking engagements, and media interviews.

Heartland Staff Policy Experts