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Book Review: The Liberty Amendments
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The Road to Liberty

A new book lays bare a path to restoring the American Republic

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The Liberty Amendments: Restoring the American Republic. By Mark R. Levin. Threshold Editions, Division of Simon & Shuster Inc, 223 pages; $16.19. Buy from Amazon.com, $16.35 Barnes and Noble.

CONSERVATIVE-BASHING is easy sport. The Conservative’s radical ideas, from individual responsibility and fiscal sanity, Constitutional Republic, and Republican Party infighting, leave Conservatives vulnerable to attack. The Conservative stand on states rights and federalism, amnesty and welfare, makes Conservatives seem callous and mean. Such assessments overlook the Conservatives desire for freedom and individual Liberty as they continue to address the attack on our Constitutional Republic. Mark R. Levin’s new book gives us the Founders constitutional path to restore our Constitutional Republic.

Mr. Levin brings intellectual evidence of two sorts. He has run Landmark Legal Foundation for many years, has written several books Men in Black, Liberty & Tyranny, Ameritopia, and hosts an extremely popular radio show nightly. He is a Constitutional scholar and a clear-eyed patriot about the current state of our Constitutional Republic.

Much of Mr. Levin’s book are notes and original text of the Founders to support his eleven amendments. He uses their words to illustrate how his eleven amendments comport with the original understanding of our Constitutional Republic. For example Term Limits.

 AN AMENDMENT TO ESTABLISH TERM LIMITS FOR MEMBERS OF CONGRESS

SECTION 1: No person may serve more than twelve years as a member of Congress, whether such service is exclusively in the House or the Senate or combined in both Houses.

SECTION 2: Upon ratification of this Article, any incumbent member of Congress whose term exceeds the twelve-year limit shall complete the current term, but thereafter shall be ineligible for further service as a member of Congress.

The Founders would be aghast at the professional politicians that occupy our government in Washington DC. While many Founders like James Madison and Thomas Jefferson spent a lifetime in government, they cycled between the states and Washington DC. The original concept was the citizen servant, not career politician in Washington DC. The career politician finds themselves motivated to do things to justify their existence. Generally the things they do to justify their existence harm the citizen and this amendment is designed to return us to the original concept of citizen servant.

The scholarship of Mr. Levin’s book fixes the problems that led to the 17th Amendment – direct election of Senators. The Founders wanted the states represented by two Senators selected by the state legislature, but the politics within the states resulted in many Senate vacancies. Mr. Levin’s Amendment fixes the problems and returns to the Founders original concept.

 AN AMENDMENT TO RESTORE THE SENATE

 SECTION 1: The Seventeenth Amendment is hereby repealed. All Senators shall be chosen by their state legislatures as prescribed by Article I.

SECTION 2: This amendment shall not be so construed as to affect the term of any Senator chosen before it becomes valid as part of the Constitution.

SECTION 3: When vacancies occur in the representation of any State in the Senate for more than ninety days the governor of the State shall appoint an individual to fill the vacancy for the remainder of the term.

SECTION 4: A Senator may be removed from office by a two-thirds vote of the state legislature.

Mr. Levin’s Amendment outright repeals the 17th Amendment, addresses term limits, and forces the Governor to appoint a new Senator in the case of a vacancy. This fixes the Senate vacancy problem that caused the 17th Amendment to be ratified in the first place.

The other extremely important Amendment suggested by Mr. Levin is a control on the Supreme Court. The Founders never envisioned a Supreme Court where the vote of one judge could over turn the Constitution.

AN AMENDMENT TO ESTABLISH TERM LIMITS FOR SUPREME COURT JUSTICES AND SUPER-MAJORITY LEGISLATIVE OVERRIDE 

SECTION 1: No person may serve as Chief Justice or Associate Justice of the Supreme Court for more than a combined total of twelve years.

SECTION 2: Immediately upon ratification of this Amendment, Congress will organize the justices of the Supreme Court as equally as possible into three classes, with the justices assigned to each class in reverse seniority order, with the most senior justices in the earliest classes. The terms of office for the justices in the First Class will expire at the end of the fourth Year following the ratification of this Amendment, the terms for the justices of the Second Class will expire at the end of the eighth Year, and of the Third Class at the end of the twelfth Year, so that one-third of the justices may be chosen every fourth Year.

SECTION 3: When a vacancy occurs in the Supreme Court, the President shall nominate a new justice who, with the approval of a majority of the Senate, shall serve the remainder of the unexpired term. Justices who fill a vacancy for longer than half of an unexpired term may not be renominated to a full term.

SECTION 4: Upon three-fifths vote of the House of Representatives and the Senate, Congress may override a majority opinion rendered by the Supreme Court.

SECTION 5: The Congressional override under Section 4 is not subject to a Presidential veto and shall not be the subject of litigation or review in any Federal or State court.

SECTION 6: Upon three-fifths vote of the several state legislatures, the States may override a majority opinion rendered by the Supreme Court.

SECTION 7: The States’ override under Section 6 shall not be the subject of litigation or review in any Federal or State court, or oversight or interference by Congress or the President.

SECTION 8: Congressional or State override authority under Sections 4 and 6 must be exercised no later than twenty-four months from the date of the Supreme Court rendering its majority opinion, after which date Congress and the States are prohibited from exercising the override.

This Amendment gives Congress and the states power to override majority opinions and it embraces the concept of federalism and states rights. Term limits on Supreme Court Justices is an absolute necessity, because as Mark R. Levin lays out in detail in his book Men in Black the Supreme Court Justices that were racist, mentally incompetent, and several verifiably insane.

With the ever growing size of unconstitutional government, Levin frames the argument with federalism and states rights. Levin’s plan bypasses Washington DC and returns the power to the states. Article V of the Constitution was specifically inserted by the Founders as a protection for the states and the people. The highlighted portion of Article V below gives us the Constitutional method to secure the future.

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; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.”

Probably the most powerful element of Mr. Levin’s plan is the virtual repeal of the insidious 14th Amendment. Or at least reversing the insidious manner in which Congress and the courts use the 14th Amendment to bludgeon the states and the people. This may be his final volume of his Liberty trilogy, but as Liberal media collapses and alternative media grows. Mr. Levin will most likely devise a plan to reach-out to more-and-more Americans with the message of Liberty.  

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