Of course, there is some risk in opening up even this limited type of convention, but this risk is mitigated by several factors that Mark delineates and is warranted, in any event, by the urgency of our current state of affairs.
The most important check, to which I've already alluded, is that none of this can occur without the approval of three-fourths of the states. We also should derive some comfort from the fact that the Framers themselves included this amendment process because they knew that they could not anticipate every difficulty the republic would encounter and that only experience and history could serve that purpose.
Another important check against this process's turning into a playground for statists is, in the words of former law professor Robert G. Natelson, that "a convention for proposing amendments is a federal convention; it is a creature of the states or, more specifically, of the state legislatures. And it is a limited-purpose convention. It is not designed to set up an entirely new constitution or a new form of government."
Finally, the likelihood that this process could be hijacked by those hostile to our founding principles is greatly reduced because Congress' role in the state application process that Mark is proposing would be minimal and ministerial.
Most importantly, Mark is not calling for a new constitution or any kind of revision of our founding principles. He seeks to restore our timeless founding principles and shore up the constitutional edifice to preserve them.
But we must first acknowledge that the federal government is out of control, acting far outside its constitutional powers, and has become unmoored from its constitutional foundation -- as few patriots would dispute -- and that this condition is urgent and, if untreated, will result in the end of the American republic.
In addition to making a compelling case for the amendment process, Mark has proposed 10 specific amendments designed to restore and refurbish our founding principles, and all the ideas -- or some similar variation of them -- I dare say, would be enthusiastically embraced by the Framers.
He has done an incredible job of drafting these proposed amendments aimed at re-establishing the balance between the federal and state governments and restating the social contract between the governments and their citizens -- in such a way as to reinvigorate our individual liberties.
Mark modestly insists that these proposals are not set in stone and that he is trying to launch a national conversation to consider the amendment process and specific amendments.
In terms of the viability of our current system as originally crafted, we are in perilous times. Let our national conversation begin, and let us thank Mark Levin for initiating it.
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