"A Constitution of Government once changed from Freedom, can never be restored. Liberty, once lost, is lost forever."
-- John Adams
Many conservatives and Libertarians continue to zealously argue that "our last hope" to restore Liberty in America is an Article V convention. These people are naive and misguided.
Holding an Article V Convention of States, is the worst possible idea, for a vast number of reasons.
First and foremost is simple logic. The driver for this is the notion that the federal government ignores the Constitution's intent to limit federal power and authority. It thus continually neuters the citizenry of our authority over our own lives, and circumvents all of the Constitution's protections of individual unalienable rights to life, liberty, and property.
So, if the current Federal and State Governments ignore the Constitution as it is written and ratified, why should anyone believe that our impeccably honest and disciplined elected government employees will suddenly start respecting The Constitution once it's been changed?
The point is that neither the Federal, nor our State and Local governments obey the Constitution. So why would State Legislatures have any interest in changing it in any way other than to make it fit their pattern of disobedience, in order to validate and posthumously legalize their misdeeds? [rhetorical question]
In other words - the only way the government would actually respect the Constitution, is if the document is changed to instead legalize all of the heretofore Unconstitutional acts which Government has been perpetrating until now, to thereby validate and sanitize their century-long history of malfeasance.
Can anyone with even half a functioning brain actually believe that elected members of state governments, are any less corrupt than those residing in The Federal Government ? --- [Rhetorical Question].
America has been systematically and surreptitiously transformed into the current fascist-socialist system under which we all suffer - by the very same people in our State and Local governments who would be running this convention. To believe that an Article V Convention would actually result in any positive restoration of property rights, individual freedom and sovereignty, is hopelessly naïve, and very dangerous.
It's just common sense to understand that since no federal, state, or local government in the US will follow the law of the land -- it will do absolutely no good to change those laws which all of the corrupt layers of our governance already violate at every turn.
And that's not even the half of it ...
There is no established process for conducting a Convention of States.
Imagine someone told you that they could "improve you" by re-engineering your DNA. They tell you that they will follow a vague "procedure" that not only had never been tried before, but which consisted in making up the actual procedure as they went along. They tell you further that not only were the results not guaranteed but that there was a very real probability, that, while tinkering with your DNA, they might change something other than what you’d discussed – and such change would then be irreversible (the law of unintended consequences).
This alone should inspire you to question the wisdom in pursuing this dangerous idea.
Furthermore, the practical aspects are ALWAYS IGNORED by celebrity zealots like Mark Levin. His book, “The Liberty Amendments” has received a great deal of attention. It does indeed have a lot of great ideas about what HE THINKS we should do to save America, but go ahead and ASK HIM HOW, in detail, such a convention would work to implement his proposals for new amendments. He doesn't know. In fact, there exist no detailed rules or procedures on how such a convention would be conducted. It may be authorized by Article V, but no one knows how to do it - and when you have 34 US States all trying to cooperate on a process that has never been defined - it will be chaos. And furthermore, Levin’s proposals aren’t the only ones out there. There are at least as many if not more Marxist Liberals who also have proposals for amending The Constitution. Their ambitions are not to restore Liberty, but to dismantle the last vestiges of it in order to make room for their depraved Marxist ideology.
What would the composition of a convention of states look like? Would every state get a single representative? Would votes be apportioned according to population with larger states getting more? We don’t know. And how would delegates be chosen? Election? Appointment? Lottery? We don’t know, and neither does Mark Levin. Would the convention be obliged to produce an amendment on a discrete issue or set of issues (only a term limits amendment? only a balanced budget amendment? both ?)?
Would this "convention of State Legislatures" be free to rewrite the country’s DNA as it saw fit (enshrining single-sex marriage, replacing the Second Amendment with the terms of the UN Arms Control Treaty? Let’s bring back the Equal Rights Amendment while we're at it, and force Christian taxpayers to finance abortions for 14 year old's without their parents' consent. And do either the states or the Congress even have the power to tell a convention what it cannot do? We don’t know. Would States in an Article V Convention be prohibited for example, from re-writing the Bill of Rights and perhaps eliminating the Second Amendment altogether ? NO ONE KNOWS.
However -- Here is what I DO KNOW:
If our Federal, State, and Local governments ALREADY FOLLOWED THE EXISTING CONSTITUTION as it is written and ratified today - we would not have a Federal Reserve Fiat Money System (a violation of Article 1), A Social Security Administration, a tax on Labor Compensation garnished from our wages by every employer in America as a condition of being in business ( a violation of numerous sections including - the 16th amendment), we would not have property taxes on our principal residential homes (a violation of the 5th amendment), there would not be any state law which infringes on the keeping (owning) and bearing (carrying) of arms ( a violation of the 2nd and 10th amendments); we would not have a patriot act, a national defense authorization act, Obamacare, a Department of Education and Common Core, ... and on and on and on. The list of UNCONSTITUTIONAL acts which both the Federal Government and all State governments have perpetrated against we the people, is far too long a list to include here. It would require several volumes of text.
How many times must I repeat the logic against it? Federal, State, and Local governments do not respect the Constitution as it is written today. Why on Earth would anyone believe that a “new and improved” Constitution be respected instead? Those who want that new Constitution to restore limits to government power are fools to believe that the wolves guarding the hen house, will suddenly place a lock on the hen house door of their own volition.
How about we the people stand up to our State and Federal governments in a show of force to "COMPEL THEM TO FIRST FOLLOW THE CONSTITUTION WE ALREADY HAVE," before giving all of the corrupt State Legislatures in this country the impetus to revise it?
Calling for a Convention of States will more than likely give them to license to instead - adapt the Constitution to our already inherently corrupt Socialist model that they are currently following. In fact, the criminal cabal in charge of these state governments have every reason to do so, as they can then validate all of the illegal actions they have been taking for generations.
I happen to agree with a lot of what Mark Levin says on his radio show, and he has written some outstanding books on Freedom and America's founding principles --- but "The Liberty Amendments" is NOT one of them. Yet millions of his radio listeners, instead of thinking objectively, run around regurgitating whatever he says without considering the deeper implications.
This genius idea is to let the same political scumbags in our state legislatures who have been disobeying the existing Constitution for generations - be given the authority to write us a new one?
Are you people freaking insane?
Do you all really want to tell all of the self-serving corrupt state legislatures in this country to get together, and transform the Constitution into a new document that finally conforms to all of the egregious criminal acts that the states and feds have been subjecting us to for the past 3 or 4 generations? Go ahead -- tell all of these state politicians that you are in favor of them amending the Constitution with new mandates, that wind up validating all of the illegal and formerly unconstitutional bullshit they have been doing to us for nearly a century.
The Article V convention of States language in The Constitution is the following:
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…
What is equally important, is what this does NOT say. It says not a single word expressly authorizing the states, Congress, or some combination of the two to confine the subject matter of a convention. It says not a single word about whether Congress, in calculating whether the requisite 34 states have called for a convention, must (or must not) aggregate calls for a convention on, say, a balanced budget, with separate and differently worded calls arising from related or perhaps even unrelated topics. It says not a single word prescribing whether the make-up of a convention (as many conservatives imagine) will be one-state-one-vote (as Alaska and Wyoming might hope) or whether states with larger populations should be given larger delegations (for which the bastions of Marxist Socialism - California and New York - will surely argue).
And suppose the Congress, or perhaps the Supreme Court will then get to resolve these questions—the same Congress and Supreme Court that the process is aimed at doing the end run around? If the Supreme Court resolves them, does it do so only at the very end of the process, after years of national debate have been spent in devising amendments that we find out after the fact were not generated in proper form?
Justice Burger once described the entire process as “a grand waste of time.” One reason is that after advocates get the process rolling by convincing 34 of the States (itself a fairly challenging number) the amendments that emerge from a convention do not get ratified unless 38 of states ratify - an even more demanding number.
And for those who continue to spew the nonsense that critics don’t understand the concept of Federalism – listen up and listen good. Career politicians at the State and Local level, are no less corrupt and power-mongering than those at the Federal level. In fact, most of those State and Local parasites view their posts as nothing more than an “entry level” stepping stone toward becoming Federal parasites in the future. There are very few if any State Legislators who don't covet a step up to the US Congress or Senate. Do you really believe these people would give you a new Constitution that further limits the power of the Federal Government to which these career politicians aspire to ascend? It's sheer idiocy, given the fact that our current Constitution already should be limiting Federal power to an extent that hasn't been seen in 3 generations.
Whether in spending programs, regulations, subsidies - you name it - almost every big expansion of federal power has been skillfully designed as a deal that cuts state political elites into some of the resulting flow of power and money. Consider, for example, how state education, police, road, and environmental departments have come to depend on Washington’s largesse. There is no way in hell the States are going to tie a tourniquet around the Federal Teat on which they have been suckling for decades.
Yes, the federal government ignores its constitutional bounds, yes, the Supreme Court treats the law of the land as something more akin to a “non-binding letter of intent,” and yes, that’s infuriating. Just don’t confuse a plan for talking, which is what a convention of states really is, with a plan for actually changing things for the better. A Convention of States is most likely to be a cure that will kill the patient.
We must restore The Constitution we have now, not rewrite it and risk winding up with something that instead gives legal authority and validation to the corrupt sociopaths in charge – the same sociopaths who have been ignoring the existing constitution for generations. The Best chance for "we the people" is not to change the Constitution - but to Change the entire House and Senate. We must ROUT Congress and replace almost everyone there with new blood - candidates who understand that we have had enough, and demand new representation by people who will RESPECT THE CONSTITUTION, and not continue to treat it as a dead letter.