The courts may or may not do it, but the states are not helpless. Article V of our U.S. Constitution anticipates a time when states perceive a looming crisis and provides an avenue for amending the Constitution. It makes clear that if two-thirds of the states are fed up with the federal government’s abusive action, then they simply apply for a convention, and the Congress SHALL call such a convention for proposing an amendment.”
Ever since the safeguard of State legislatures electing U.S. Senators was removed by the 17th Amendment in 1913, there has been no check or balance on the Federal power grab for the last 97 years. Article V requires a minimum of 34 states to request a Convention which in this case, would be an Amendment Convention for only ONE amendment.
“That one amendment would put a check and balance back on Federal usurpation of rights reserved to the States and people under the 9th and 10th Amendments. When drafted, the amendment would require ratification by only 38 states. We already have 39 states and that number will, no doubt, grow as people become aware of the foundational damage being done to the country,” said Gohmert.