Posted on 08/23/2013 9:56:51 AM PDT by Kaslin
When Mark Levin decided to write his book "The Liberty Amendments" to advocate a convention to propose a series of amendments to the U.S. Constitution, he may not have realized how quickly and deeply his profound idea would resonate. But throughout the nation, people are inclining their ears.
The first obstacle Levin faced was the widespread misconception that he is calling for a constitutional convention that could be hijacked by enemies of our founding principles and converted into a forum to hammer the final nails into our constitutional republic by fundamentally and radically changing our founding document.
In fact, Levin's proposal couldn't be more at odds with that misperception. He is, first and foremost, a constitutionalist. His goal is neither to eradicate nor to substantially change the Framers' blueprint for government. It's to restore it with specific, defined amendments intended to re-establish the proper balance between the power of the government and the liberty of its citizens, with due emphasis on the latter.
Levin is not arrogantly presuming to improve on the ineffable work of the Framers in crafting "the most wonderful work ever struck off at a given time by the brain and purpose of man" but humbly calling on his fellow patriots to recognize that we have strayed from the principles they enshrined in the Constitution and join him in his effort to advance the necessary correctives.
The Framers didn't meet in Philadelphia in the 18th century with the burning desire to pass super-legislation to codify an ideological political agenda to establish fundamental rights in health care or education, and they certainly didn't want to guarantee, by law, certain economic outcomes.
They met ostensibly to amend the Articles of Confederation and ended up scrapping it entirely and replacing it with our Constitution.
They were determined to design a system of government that would maximize individual liberties. That would require establishing a government strong enough to protect citizens from domestic and foreign threats but no stronger than that, for they knew that historically, unchecked, tyrannical governments had been the enemies of freedom.
Their challenge was to find that optimal balance between the power of government and individual liberties, so they created a system that divides and diffuses power between the national and state governments (through a system of federalism) and between coequal, competing branches of the federal government (the separation of powers), which hold one another in check.
It was not the affirmative granting of rights that would establish liberties -- many meaningless constitutions have paid lip service to that endeavor -- but the imposition of defined, specific and enforceable limitations on the federal government.
We must not lose sight of the fact that their overarching concern was liberty, an idea that gets little attention today -- apart from conservatives, constitutionalists and tea party patriots.
What constitutionalists understand is that upholding the integrity of the Constitution and its designed system of limited government is essential to preserving our liberties, and usurpations of power by all three branches of government and by an out-of-control, unaccountable administrative bureaucracy have imperiled them. Constitutionalists abhor abuses of power by any and all branches, irrespective of the substantive political agenda being served by such usurpations.
When King Josiah found a copy of the Jewish law in the Temple, which was being restored in 621 B.C., he was mortified by the extent to which the nation had departed from its teachings. He called for rededication to the law and a revival of its presence in the lives of the people.
Mark Levin is a modern-day constitutional prophet whose purpose is not to revamp the Constitution. It is to revive it and refurbish it -- to restore the cracks in its foundation caused by lawless officials through the years who were more interested in guaranteeing outcomes than they were liberty.
The goal of every one of Mark's proposed amendments is to restore the delicate balances the Framers originally designed; it is to restate and revivify the system of limited government they established by replacing bricks in specific places in our constitutional foundation -- bricks that statists have forcibly dislodged over time.
The sagacious and prescient Framers knew that no matter how well they crafted the Constitution, no matter what kind of protections it included, it would always be vulnerable to the abuses of lawless men who simply refuse to honor its provisions. They also understood that experience would enlighten their successors as to possible pitfalls and weaknesses in the framework that could be breached by such scofflaws over time, so they provided specific methods for amending the Constitution to shore up those trouble spots -- always keeping in mind that preserving liberty was the greatest imperative.
Today's statists have no regard for the Constitution or rule of law and have severely weakened it in many places, and as a result, our liberty, our prosperity and our very nation are in decline and in grave jeopardy.
Mark Levin is calling on us to take corrective steps -- through a process anticipated and expressly sanctioned by the Framers, no less -- to restore our system and reinvigorate our liberties. Let's pray his effort becomes an inexorable movement that sweeps the nation like the Great Awakening.
Ping. [Thank you, Jacquerie.]
“There is no reason to believe that they will let the left wing hijack the convention into a marxist circus. And if they do, the conservatives simply walk out.”
We are holding an informal ‘convention’ here-and-now IMHO. All we need is people willing to consider amendments. That’s it. No matter what happens to the bouncing balls that the Ruling Class tries to distract us with, we can still be pro-active about amendments. They might hijack the first attempted convention. Like you said — that would be a ‘nothing convention’ and we keep rolling out conservative ideas that might be wildly popular.
I believe that Article I Section 6 prevents sitting House and Senate members from being delegates to an Article V Amendment Convention, regardless of what the ABA report says.
I understand that they are not the only "politicians" in DC.
-PJ
“Truth is “blue” states will never go for this.. never..”
What about a ‘property rights’ amendment? Do you think that people in Blue States like Kelo? I have faith in most people to have at least that much sense. We will find chinks in those blue states, and their legislators will end up needing to defend Kelo to them. Ha!
Members of Congress as DelegatesWe cannot discern any federal constitutional bar against a member of Congress serving as a delegate to a national constitutional convention. We do not believe that the provision of Article I, Section 6 prohibiting congressmen from holding offices under the United States would be held applicable to service as a convention delegate. The available precedents suggest that an “office of the United States” must be created under the appointive provisions of Article II or involve duties and functions in one of the three branches of government which, if accepted by a member of Congress, would constitute an encroachment on the principle of separation of powers underlying our governmental system. It is hard to see how a state-elected delegate to a national constitutional convention is within the contemplation of this provision. It is noteworthy in this regard that several delegates to the Constitutional Convention of 1787 were members of the Continental Congress and that the Articles of Confederation contained a clause similar to Article I, Section 6.
We express no position on the policy question presented, or on the applicability and validity of any state constitutional bars against members of Congress simultaneously serving in other positions.
For reference, below is the text of Article I Section 6 Clause 2:
No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States which shall have been created, or the Emoluments whereof shall have been increased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.
The quote from the ABA report is deceptive in its missing language. They refer to an "office of the United States," but the actual language is a "civil Office under the Authority of the United States which shall have been created." If it is Congress that calls for the Constitutional Convention, how can that body NOT be a civil office under the authority of both the Congress that called it, and the Article V provision that authorizes its existence?
If it is, in fact, a body under the authority of the United States, then Congressmen cannot be delegates unless they first resign their Article I seats in order to participate in an Article V convention.
-PJ
I have faith in most people[blue states] to have at least that much sense.
I do not... Logic has nothing to do with it people... believe what they want to believe..
The Yellow Brick Road.. some want a heart, some want a state of mind, others want utopia..
All searching for the Wizard of Oz..
They found him.. you know...... in Barry Half-White..
They are happily “his bitches”... some are “Ho’s” but all are Skanks..
Frankly, I think it's time to stop talking about this convention and start petitioning our state legislatures to vote on it. And I think one of the first issues on the amendment menu must be the definition of marriage as a monogamous, heterosexual institution. Then we can worry about repealing the 17th (and ultimately, the 16th) amendments. And ...
I like your way of thinking. Building on your thinking, how about this?
The first amendment we should propose is this:
Under God Amendment
We the People declare that we are One Nation under God and we ask the Almighty to forgive us our sins and guide us.
People are eager for economic and freedom solutions. But then later this more fleshed-out amendment could be further down the list of the Convention:
Religion and Tradition Amendment
Section 1:
All classrooms and all court rooms must reverently mount a copy of the Ten Commandments and the Golden Rule near their front doors.
Section 2:
All states are free to pass and enforce laws that call for the Pledge of Allegiance at the beginning of each school day with the words, “Under God”, included.
Section 3:
The sacred bond of marriage is between a man and a woman. No redefinition of that bond is recognized in the United States of America.
Section 4:
Military personnel have a reasonable freedom to exercise their religion except during covert operations in terrority hostile to their religion. Personnel may sign waivers to abstain from visible religious symbols in such hostile territory if it is diplomatically essential, but no member of the Armed Forces may sign or promise to sign such a waiver until the operation is eminent, nor may such a member be penalized or mistreated for refusing to sign such a waiver. [Temporary note — not only is it far, it is also essential that many of our fighting forces be God-fearing.]
But such freedoms come at their own expense, and it is not reasonable to treat military personnel to lengthy religious requirements during important training, maneuvers, or combat.
Section 5: Transgender bathrooms are now illegal in any school, college, university, daycare center, or government building. Nor may any laws coerce other places to designate such bathrooms. Someone physically male may not knowingly make use of a restroom designated for females.
[I'm working on other ideas too which will strengthen the free exercize of religion.]
“Why would anyone believe the idiots that don’t follow the current Constitution would follow new amendments?”
That is exactly why we have little time left to prevent a complete political meltdown. People think things are bad now? We ‘aint seen nothin’ yet.
You are absolutely correct that they will try to pull some stunts on us. Kagan, for example, will push for the Surpreme Tyrant Court to make our amendments ‘unconstitutional’. We must quickly warn the public that the courts don’t have that powre. Why? Because the door to freedom is closing.
States have their own election laws, although Obama has been undermining them. But with what foundation remains, when 3/4 of our states unite behind amendments, getting the naysayers primaried out would be much easier than it is now.
It is my belief that we have been racing against the clock. If our states’ ability to reduce voter fraud is not rapidly dealt with, then we are doomed no matter what we do politically.
“We need a come-to-Jesus’ moment.”
We are already there. Only problem, it’s like a frog boiling in a pot. We now have a Federal government obstructing state voter fraud laws. Then there’s the illegal immigrant crisis. How much longer will our votes even count?
Please note post 28 and 29.
Levin, a political prophet? No, prophetic was warning people ten or 11 years ago that the patriot act, homeland security, and the TSA were horrible ideas repugnant to the notion of “the land of the free, home of the brave.” Now mister hack for the police state is going to save you with a constitutional convention, the most dangerous, likely to backfire weapon available. Save the bulls**t about how it can be restrained. I’ll have my I Told You So’s ready if you fools get your way.
While I find your efforts laudable, let’s remember that we’re not asking Congress to pass laws. We’re amending our fundamental chartering document. So any proposals must rise to the level of cornerstone legal and moral principle: the right to free speech, the right to freely practice one’s religion (and not just in a place of worship but in one’s everyday dealings), the right to self-defense, the right to security in one’s person, papers, and property. In other words, the rights already vouchsafed us by our birth as free men.
The Definition of Marriage Amendment is necessary to prevent a corruption of one of civilization’s cornerstone institutions and to forestall the imposition of a godless perversion on people of religious conviction.
But the actual agenda for the convention does not need to be carved in stone before it is convened. We first must get commitments from 34 states to call the convention. Let’s walk before we run.
Obama has punched God in the face so many times. Every oath he has taken has been a direct affront. And, God does not suffer fools gladly.
When George Washington gave his Farewell Address, towards the end of it he expressly asked God to forgive him of any mistake he had made unwittingly, because he understood his responsibility as president and the fact that he had engaged himself in a sacred oath with God.
Obama, on the other hand, took those oaths with complete disregard that there are blessings and curses attached to his action. He has had absolutely no intention of fulfilling his part. We are living under a cursed leader.
As much as Levin and everyone talks about impeachment and illegals and voter fraud, there is a much bigger consideration, something even George Washington knew was an even more important matter.
“We first must get commitments from 34 states to call the convention. Let’s walk before we run.”
Running builds excitement. And excitement drives political support.
I don’t think Levin wants to be called a prophet either by the way. He’s a scholar and historian.
“I’ll have my I Told You So’s ready if you fools get your way.”
Okay, so what is your plan? Rely on Speaker Bone-head? Take the hit on immigration and voter fraud? Count on Justice Roberts? Pray that the constitutionalist justices don’t die for the next fifteen years? Watch colleges educate more RINOs who lie to conservatives? What is your plan?
If We the People make it clear through the Convention that we submit ourselves humbly before the Almighty, THAT is the first important step to welcoming God back.
I have faith in most people — PEOPLE — no matter what state — to have at least enough sense to hate Kelo. The majority of ALL states want to preserve our rights. Gun rights for example. The overwhelming opposition to Obama-care. Border safety. The list goes on and on. The majority doesn’t even want abortion-on-demand, only rape/incest/life-o-mother.
I agree that tricks will be attempted at a convention. I also agree that this is a gamble. So is cancer surgery.
Do we, or do we NOT have a malignant cancer in our nation?
Running before you’re able to walk well is a good way to fall flat on your face.
And I love how pointing that something is a horrible idea somehow obligates me to come up with a plan to fix everything. How about this...I didn't make this mess, I didn't carry water for the people who did. This. Is. Not. My. Problem. You want to find solutions to this mess...? Try listening to someone (anyone) other than the people who were waving their pom poms during the march that got us here. Try listening to people who aren't beholden to establishme t party insiders for their radio gigs and thinly disguised bribes being passed-off as book deals. Those clowns are the kardashians of politics.
Absolutely. We have one of two choices. Either let it continue to stage five anarchy ending in despotism, or excise it to return to republican liberty.
For those who think Article V may be abused, you are correct. The identical argument was made by anti-federalists in 1788, who foresaw dangers in a new constitution they determined to be not worth the risk. In response, the federalists then, and yours truly today, says that near anything may be abused or pose danger. Every waking moment of our lives present some level of risk.
The alternatives to not taking the chance on an Article V amendment convention faaaar outweigh the possible downside. So I posit this: If we are to avoid tyranny and possibly restore liberty, we must return to federalism. If that is true, then the peaceful means provided by our framers are worth the effort and any attendant risk.
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