eagle1462010
Diamond Member
- May 17, 2013
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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.
Here's what I THINK is the article he is referring to:
"The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate."
So basically it would have to be ratified by 3/4th's of the several states? Do you think that can really happen and on what particular issues?
I think it would have to still go through the Congress or at least the Senate because of that last line I put in bold type. Maybe I am wrong, but i really don't see it happening any time soon. Here's another thin i was reading:
"As a legislative branch of government, a legislature generally performs state duties for a state in the same way that the United States Congress performs national duties at the national level. Generally, the same system of checks and balances that exists at the Federal level also exists between the state legislature, the state executive officer (governor) and the state judiciary, though the degree to which this is so varies from one state to the next.
During a legislative session, the legislature considers matters introduced by its members or submitted by the governor. Businesses and other special interest organizations often lobby the legislature to obtain beneficial legislation, defeat unfavorably perceived measures, or influence other legislative action. A legislature also approves the state's operating and capital budgets, which may begin as a legislative proposal or a submission by the governor.
Under the terms of Article V of the U.S. Constitution, state lawmakers retain the power to ratify Constitutional amendments which have been proposed by the Congress and they also retain the ability to apply to the Congress for a national convention to directly propose Constitutional amendments to the states for ratification. Under Article II, state legislatures choose the manner of appointing the state's presidential electors. Formerly, state legislatures appointed the U.S. Senators from their respective states until the ratification of the 17th Amendment in 1913 required the direct election of Senators by county's voters."
The reason the founders put in the 3/4ths of the states to ratify clause is because it bypasses Congress and the POTUS. So you'd have to have 75% of the states to pass the Amendment. Which would be difficult as hell, but NOTHING IS IMPOSSIBLE.
I believe the way to test these waters to see if it is doable, would be to push through the Term Limits and give it a try. I believe a lot of people in the US are tired of career politicians.