The Founders, all of them men and some of them slave owners, had plenty of experience with home rule. They had endured the ravages of a revolution that put their new government in deep debt. Their country was bounded by Canada, the Mississippi River, Florida and the Atlantic Ocean. To presume to understand their intent with respect to government is suspect in the least, if not hypocritical in the extreme, except for one thing: amending the Constitution. And they made that difficult. Amending: Article V – Amendment spells out the process.
For the record, the President is not involved in the amendment process in any way. Incidentally, two-thirds of both houses must pass an amendment, and two-thirds of both houses are required to overturn a presidential veto. But, I digress.
Even if an amendment gets through Congress, it is not guaranteed to be ratified and then expires, like the Equal Rights Amendment did in 1982. The ERA intended to place into law the equality of women and men. It was sent to the states in March, 1972. But it failed to be ratified even though Congress extended the original seven year deadline to ten years.
The idea of Constitutionalism, as conservative columnist Krauthammer suggests, seems inconsistent with the Republican agenda and misses the point. It has nothing to do with the intent of the Founders, as stated. It is obfuscation. The real objective of any proposed Republican amendment is to attack the 14th Amendment, which the Repeal Act would do.
Before the 14th Amendment, the states could ignore the Bill of Rights. The truth is that the interpretation of the Constitution is what the Republicans are after. If they can succeed at eliminating the 14th, they can revive their crusade to overturn rulings in cases like Brown v Board and Roe v Wade, as I have written. Fortunately, the “Founders intent” was to make amending the Constitution something that the new Republican House majority will have little chance of achieving.