Boss
Take a Memo:
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Constitutional scholar and expert, Mark Levin, has written a new book, outlining a plan to restore Constitutional Republicanism to our Federal government. The Liberty Amendments points out a key provision in Article V of the Constitution, whereby the Amendment process can alternatively originate from the States. It has never been successfully attempted, but it's there, and the Founding Fathers had good reason to put it there.
It was to address just such a situation as we find ourselves in today. We have an out of control Federal Leviathan, a Congress that is comprised of two parties serving their own interests and power, a President who brazenly defies the Constitution as he pleases, a SCOTUS who literally rewrites the Constitution as it pleases, and We The People have seemingly lost ALL control over our country. The Progressives have waged a 100 year war on our Constitutional constructs, and we find ourselves in a post-Constitutional era, where there is literally no more Constitutionality and no power of the States or people.
From interviews Levin has done, I have pieced together the basics of his 10 proposed Amendments:
1. Term Limits for Congress
They may serve a total of 12 years in the House, Senate, or a combination of both.
2. Restore the Senate to pre-17th amendment status.
The State Legislatures would elect the two Senate representatives.
3. Term Limits for SCOTUS
Capped at 12 years.
4. 3/5ths of States or Congress can override SCOTUS decisions
Limiting the scope and power of SCOTUS rulings.
5. Limit Federal Spending
A balanced budget amendment.
6. Limit Federal Taxation
Congress is never going to do this on their own.
7. Limit Federal Bureaucracy
Eliminating the "4th branch" of government for good.
8. Promote Free Enterprise
Self explanatory.
9. Secure private property rights
No doubt, this will deal with eminent domain as well as data mining and spying on Americans.
10. States can amend the Constitution with 2/3rd approval.
Streamlining the process.
Levin says none of this is 'written in stone' and the states would have to ratify with 3/4, just as with the Congressional process. Because of that rigid criteria, he doesn't feel there is an undesirable downside, like special interests becoming involved to add all kinds of unwanted crap. There is also no danger in the entire Constitution being rewritten, because even though the process is called a "constitutional convention" it is limited to amendments only.
This process bypasses Congress completely. They would serve as administers of what the states ratify, and have no say in the makeup of delegates which are appointed by the states. Critics say it would be an "uphill battle" to accomplish this... Levin answers with the question: "What battle isn't uphill?"
I have read the first chapter of the book, I am waiting for my Amazon order to arrive, so I can read more details, but this sounds very promising. The chapter I have read, lays out the case the Founding Fathers made for establishing Article V, and the reasoning behind it. Madison, Mason, and Hamilton, all agreed, the Constitution needed some mechanism for the people to use to re-establish the social contract, short of violent revolt, should Federal government go rogue. We are at that precipice, the time is now.
Let us take these points one at a time and see if we can figure out if they are about liberty, or something else.
- Term limits always sound good to me. The response to the idea is almost visceral, which is why I am extremely suspicious of them, especially when I realize I don't have any data to back up that feeling. For example, California has term limits, yet the government still sucks. Despite the fact that I believe with every fiber of my being that term limits are a good idea, they don't seem to really accomplish anything other than putting a fancy bandage on a bigger problem.
- I here this all the time, and don't understand why people think it is a good idea. Prior to the 17th Amendment most of the states had switched to direct elections of their Senators, and it was pretty obvious every state would do so eventually, If we repealed the 17th all that would happen is nothing, because nothing in the Constitution required any state to do something magical to selecting a Senator.
- I can't even begin to think of a reason anyone would want to limit the terms of sitting judges. I don't particularly lioke the way it works right now, but at least I can expect some consistency from the court in its rulings, If we appointed a different judge every few months the court would cycle through popular movements, and the government would end up with all sorts of stupid rulings that ignore the constitutional limits on government.
- Does this mean that if a bunch of idiots get together and decide that I shouldn't have free speech, and the court disagrees, they win anyway? It takes a particularly spiteful person that hates liberty to his core to propose something like this. And this is coming from a guy that would love to see a way for rulings he thinks are wrong to be overturned more quickly than they currently are.
- Limit it to what? It is stupid to propose something like this without being specific. currently federal spending is limited to whatever Congress decides to spend, does this transfer that control to someone else, or put an arbitrary cap on spending that doesn't consider circumstances that we cannot foresee?
- Limit it how? To what? Anyone that doesn't believe that the system we have now is screwed up is an idiot, but taxes are already self limiting, putting an amendment in the Constitution that ignores this reality is stupid.
- Limit it to what? what if we really need to hire more people to deal with something unforeseen?
- No.
- Secure them for whom?
- Damn, he wants an amendment to do something that they can already do. Amazing.
It seems to me that, as a constitutional scholar, Levin makes a good talk radio host. The man is obviously biased and arrogant, which makes him think he has all the answers. The best thing to do with people like this is shoot them so they cannot infect others.
Spoken like a true PSEUDO-Libertarian!