With the release of Mark Levin’s new best selling book, The Liberty Amendments, has come an initial wave of hysteria over the author’s proposal that a convention be called to consider amending the U.S. Constitution.
The book opened at number one on the Amazon best seller list and is slated to open at the top of the New York Times’ best seller list as well.
But the book’s popularity has created somewhat of a firestorm of controversy that will only get worse as time progresses. The controversy has also spawned a certain hysteria among some conservatives and collectivists alike.
Levin, of course, is the attorney, legal scholar, and radio talk show host who served during the Reagan Administration and is considered one of the top conservative voices in America today.
Curiously, unlike most traditional conservatives, Levin has concluded along with many patriots and libertarian-leaning citizens that the ballot box has failed the nation and thus is not enough to bring America out of its current Constitutional crisis. Similarly, Levin maintains that the answer is not in electing more conservatives to Congress along with a conservative president, either. He states that this has already been tried, and nothing in the long run has changed. In like manner the courts have failed the nation as well, the most glaring example being the U.S. Supreme Court that violated Constitutional law by creating new law out of thin air in approving Obamacare.
Levin, thus, concludes that the U.S. government is raging out of control in all three branches at the federal level. The remedy, he says, is one that the Framers articulated in the Constitution itself — a national convention of states that is called for the purpose of proposing amendments to the Constitution.
Immediately the alarm bells sounded in the heads of collectivists and some conservatives alike, those who have some vested interest in maintaining the status quo. Such “conservatives” are actually not conservatives at all, for there is no such thing as a “big government conservative.” To people like the Bush family, John McCain, Lindsey Graham, and other such elected representatives, such a nomenclature is perfectly acceptable. But the term “big government conservative” is actually an oxymoron. One negates the other. If one supports big government, then he cannot be a true conservative. If one is a conservative, then he cannot support big government.
The hysteria on the part of some so-called conservatives is one that is based on a total misreading and misunderstanding of certain terms within the Constitution itself. Even some conservative legal scholars have displayed a shocking ignorance of terms.
That misunderstanding is captured in the protest often heard among some, “Well, a Constitutional Convention is a dangerous thing. It could go rogue and come up with horrific amendments that are much worse than anything we have now.”
The short response to these objections is “no” and “no” on both counts.
The assumption that what is being proposed is a “Constitutional Convention” is itself false. The Founders made it plain that any such convention of states is not intended to consider the propriety of the Constitution itself but to propose amendments. Further, the language of the Constitution makes it clear that such a convention is not empowered to “go rogue.” The states choose delegates. And the states decide what amendments will be considered.
Even if the convention came up with some wild, rogue proposal, not only must it receive the approval of the overwhelming majority of delegates at the convention but it must go back to the states for ratification. Any amendment must receive the approval of three-fourths of the states in order for it to be ratified.
Thus, the process itself is such that the chances of such an elusive possible
“rogue convention” are basically nil. And the hysteria being expressed by Levin’s detractors is entirely misplaced.
The hysteria should be directed toward this government that is raging out of control and running roughshod over every known principle of liberty and rule of law by which America has been governed since its founding.
Levin has proposed amendments that would put a stop to the lawlessness being displayed on a daily basis by the president, the Congress, and the Supreme Court. The power of the states would be restored. Senators in Washington would be chosen by their respective state legislatures, as the Framers intended. Every single agency or department of the federal government would automatically be dissolved unless that department or agency made a successful case before Congress for its continuance. Taxes would be strictly limited so as never to exceed 15 percent of the income of individuals and corporations. Government spending would be strictly reined in by forcing Congress to adhere to a specific Constitutional ban on its power to overspend. Term limits would be imposed on both houses of Congress and on the U.S. Supreme Court. Levin has even included a provision that would give Congress the power to overrule a Supreme Court ruling.
These are but a few of Levin’s proposals. But he is quick to say that these are merely his own personal suggestions, and that concerned citizens need to have a serious, sobering debate on the specific amendments their states send to the convention. What we are now doing, obviously, is not working.
The concepts Levin discusses in his book are essential reading for patriots and anyone in the nation who is concerned about the direction of this nation. While there may be some disagreement concerning the ultimate success of the proposals, at least there is an orderly, peaceful provision on the table for discussion in addition to the possibility of the other alternative the Founders embraced — open, armed conflict to force the government to submit to the rule of law as delineated in the Constitution.
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