Tag: Nullification

Member Post

 

The fifty United States of America are not “united” on the basis of unconditional fealty to even a wholly legitimate federal government, to say nothing of a one third illegitimate one. The Constitution and its Amendments were written and ratified to protect the states and, ultimately, we, the citizens, from governmental violation of our inalienable […]

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Does the Constitution Need Reformation or Restoration?

 

reform or restore constitutionThere is a long-simmering fight on the right between those who urge a convention of the states, under Article V of the Constitution of the United States, and those who urge active resistance at every level of government to nullify unconstitutional actions by every branch of government. The former argue for reformation of the Constitution, while the latter argue for restoration of the Constitution as currently written. Both have merits, both are sincere, and both do not say enough. What follows is a brief outline of some contentions and a suggested common flaw with a common, but very hard, solution.

Reformation:

The convention of states argument is most notably advanced by Mark Levin, in The Liberty Amendments, and by Mark Meckler through the Convention of States Project. Their core claim is the Framers anticipated conditions, under which Congress would be corrupted by at least self-interest and would effectively refuse to put one or more needed amendments before the states for ratification. We certainly see Congress, the presidents, and the courts playing a cynical game of blame avoidance while they collectively distort the legitimate Constitution, as properly amended by the Article V ratification process.