What Mark Levin says in “The Liberty Amendments” in support of an Article V convention is not true.1
On one side of this controversy are those who want to restore our Constitution by requiring federal and State officials to obey the Constitution we have; or by electing ones who will. We show that the Oath of Office at Art. VI, last clause, requires federal 2 and state officials to support the Constitution. This requires them to refuse to submit to – to nullify – acts of the federal government which violate the Constitution. This is how they “support” the Constitution!
We note that the Oath of Office requires obedience to the Constitution alone. The Oath does not require obedience to persons, to any agency of the federal government, or to any federal court.
We understand that resistance to tyranny is a natural right – and it is a duty.
We have read original writings of our Framers and know what our Framers actually told the States to do when the federal government violates the Constitution: Nullification of the unlawful act is among the first of the recommended remedies – not one of which is “amendment of the Constitution”. 3
It is already proved in James Madison Rebukes Nullification Deniers, that our Framers endorsed nullification by States of unconstitutional acts of the federal government. Thomas Jefferson and James Madison summed it up as follows:
“…when powers are assumed which have not been delegated, a nullification of the act”4 is “the natural right, which all admit to be a remedy against insupportable oppression…” 5
The claims of the nullification deniers have been proven to be false. To persist in those claims – or to do as Levin seems to do and ignore the remedy of nullification – is intellectually and morally indefensible. So why don’t they apologize to the public and recant their errors?
Instead, they continue to tell us that what we need is a “convention of the States” (which Levin and his mentors insist is provided by Article V of the Constitution) to propose amendments to the Constitution, and that this is the only way out.
Yes, they tell us, the only way to deal with a federal government which consistently ignores and tramples over the Constitution is …. to amend the Constitution!
Do you see how silly that is?
Levin starts his book by saying how bad things are and how the federal government has trampled and mangled the Constitution. Those pages are true. And they serve the purpose of making readers believe that Levin is “on our side”. And because of that, many are induced to lay aside their critical thinking skills and accept on trust what Levin tells them. That is a deadly mistake.
Levin’s amendments actually gut our Constitution. Most increase the powers of the federal government by making lawful what is now unconstitutional because it is not an “enumerated power”. Others put a band-aid on a problem without solving the problem. The amendments pertaining to “overrides” undermine the Constitution as the Objective Standard of what is lawful and what is not – and substitute majority vote therefor. 6
A Defective Constitution?