Mark Levin has directed attention to the use of the amendment power to restore constitutional government. However, the use of a state-called convention to accomplish this is very problematic from a procedural point of view, let alone concerns for a “runaway” convention. The better approach is to first adopt Levin’s and others’ suggestion that we amend Article V to permit states to initiate amendments without having to go through a convention. . . . → Read More: A Convention To Implement the Liberty Amendments?
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Professor Sanford Levinson’s recent New York Times op-ed on our “imbecilic” Constitution gets only one thing right – the amendment process is moribund. Professor Richard Epstein’s brilliant response to Levinson gets only one thing wrong – limited government will not be restored voluntarily by regular politicians no matter well schooled they are by Professor Epstein. We need a tool to overcome 80 plus years of Supreme Court decisions underlying the federal leviathan. That tool is a reformed amendment process enabling constitutional amendments to be initiated and enacted at the state level without having to go through either Congress or the dangerous process of a second constitutional convention. . . . → Read More: Professor Levinson and the “Imbecilic” Constitution: Speaking Liberty to Power  Comments are closed  Commentary Current & Constitutional, Restoring the Constitution  amendment, constitution, convention, Epstein, Levinson, liberty, New Deal, Scalia, Supreme Court, Thomas Frustration on both the political left and right have led to calls for a new constitutional convention under Article V of the Constitution. However, such a convention would likely be dominated by politicians and law professors, who would be unlikely to propose amendments restoring the original Constitution, or remain within the limits as to subject matter which the States might include in their convention applications. . . . → Read More: Is an Article V Convention the Best Approach? By amending Article V of the Constitution to eliminate the convention requirement for state-initiated amendment proposals and by slightly lowering the ratification hurdles, we can restore control over the Constitution to the people and end the current federal monopoly over the meaning of our foundational document. . . . → Read More: Restoring the Constitution through the “Amendment Amendment” |
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Amending the Constitution to Constrain Federal Power: There Is An Alternative to a Doomed Convention of the States
Even with the most extensive Republican control of state legislatures in almost a century, constitutional conservatives still fall short of the 34 states needed to call an Article Five Convention of the States. Americans seeking to restore the constitutional balance between state and federal power would be well served to also promote reform of Article Five itself to eliminate the requirement that the states go through the archaic and unworkable mechanism of a convention in order to initiate amendments to the Constitution. . . . → Read More: Amending the Constitution to Constrain Federal Power: There Is An Alternative to a Doomed Convention of the States