Would Levin’s Amendments Save America?

A review, assessment and prediction for Mark Levin’s new book, The Liberty Amendments

Mark Levin has written two brilliant books, Liberty and Tyranny and Ameritopia, in which he describes, in painfully clear detail, the century-long decay of America from a constitutional republic populated by free people into a quasi-statist, soft tyranny inhabited by an entitlement-entranced, morally dubious, security-obsessed population that is increasingly subjugated by a seemingly benevolent but, in truth, oppressive federal government. For example, in the first book, Levin wrote:

So distant is America today from its founding principles that it is difficult to precisely describe the nature of American government. It is not strictly a constitutional republic, because the Constitution has been and continues to be easily altered by a judicial oligarchy that mostly enforces, if not expands, the Statist’s agenda. It is not strictly a representative republic, because so many edicts are produced by a maze of administrative departments that are unknown to the public and detached from its sentiment. It’s not strictly a federal republic, because the states that gave the federal government life now live at its behest. What, then is it? It is a society steadily transforming to statism…

Levin has just published a third book, The Liberty Amendments, in which he outlines a scheme for turning the tide and returning America to its classic moorings in liberty, free enterprise and traditional values. His approach is purely political. He sees the unmaking of America as having been achieved by the willful and nefarious subversion of the basic playbook that has governed how our society is supposed to work – the US Constitution. By ignoring it when convenient, reinterpreting it where necessary, dreaming up imaginary intentions of its authors and actually amending it in a few crucial places, the Progressive movement has hijacked the document and converted America from a constitutional republic whose ideal is liberty into some form of statist, Euro-style, welfare society whose noblest purpose is forced equality. To quote Levin again, this time from the new book:

The Statists have constructed an all-powerful centralized federal government, unleashing endless social experiments in pursuit of utopian designs. The federal branches have used judicial review, congressional delegation, broad abuses of the Commerce and Takings clauses, and the power of the purse (taxing, spending, and borrowing), among other things, to commandeer the sovereignty of the states and the citizenry. Indeed, the states and the citizenry are now consumed by an elephantine array of federal laws, regulations, and rulings, which torment, coerce, obstruct, and sabotage the individual’s autonomy. The states that gave the federal government life now live mostly at its behest.

Levin proposes to recapture the nation by using a heretofore unused feature of the Constitution for amending the sacred document – namely, having the states call a constitutional convention to consider amendments that would restore the federal government to its originally assigned, limited role in the people’s affairs. Levin goes further and actually stipulates eleven concrete amendments that would, if enacted, instantly restore the federal government to its proper role and thereby return America to its former status as a constitutional republic of free people. Levin’s amendments are targeted, brilliantly crafted and comprehensive. They address: term limits for Congress and the Supreme Court, repeal of the 17th amendment, a States override of Congress and the Supreme Court, federal spending and taxation, reigning in the federal bureaucracy, the Commerce clause, eminent domain and voting rights.

Clearly, enormous thought and, I wager, serious constitutional legal expertise went into the preparation of Levin’s amendments. I encourage the reader to consult them and to think about the effect their enactment would have. Surely if you do, you will quickly arrive at two questions: Is there any chance of even a small subset of Levin’s constitutional amendments being enacted? And if they were, would they – as the title of this piece asks – save America? The answer to the second question is easy: absolutely, for two reasons. First, the constraints on the federal government thereby imposed would certainly return it to the proportions envisioned by our Founders and consequently spark a rebirth of freedom in our nation. But more importantly, the only way that Levin’s amendments could be enacted is if there was a great awakening among the American people as to the horrible transformation of US society that has been perpetrated over the decades, accompanied by a fervor to reverse course. That change of spirit alone would result, if not in Levin’s amendments, then certainly in some equivalent transformation of American society back – or maybe the correct word is forward – to the constitutional republic envisioned and established by our Founders.

But alas, the latter analysis brings us to the consideration of the first question: What chance do Levin’s amendments have of becoming law? More generally, what chance is there that the American people will awake from the century-long nightmare, which they have concocted for themselves, and in which they have transformed themselves from a liberty-loving, opportunity driven, independent, adventurous, morally upright, exceptional nation into the equality-obsessed, politically correct, dependent, fearful, morally obtuse, multicultural mess that we have become? I have no doubt that, were the transformation to occur, the United States of America would recapture its former national glory, individual freedom, economic riches and high standing as a moral leader of the world – for centuries to come. But I have grave doubt that said transformation is in the cards.

Where is the precedent in world history? What previous society lost its freedom and economic prosperity – not to a foreign conqueror, but to an internal disease – and later recaptured it via an internal revival? Perhaps some of the former Soviet satellites (like Poland or the Czech Republic) serve as examples? Sorry, their decay was imposed by a foreign occupier. It was only upon release from bondage that they recaptured past freedoms. What about Germany and Japan? They don’t qualify either. Neither had much of a history of liberty before they fell under the sway of totalitarian regimes. After their defeat, the US literally imposed a liberal, Western-oriented political style upon their societies. Besides, neither is doing much better than the US these days as they sink under the yoke of quasi-statist regimes. Perhaps we should gaze further back in history. Say, Britain at the time of the Glorious Revolution? No, the Brits were in the process of creating a free society, not restoring one. Neither Rome, nor Greece, or China or any other Renaissance society ever recaptured freedom via an internal revolution that deposed an order which had usurped a prior free society. There is just no example of a free, prosperous nation slipping into the bonds of egalitarian tyranny from which it emerged, via internal forces, as a copy of its former self. Do we have the wherewithal to be the first?

Maybe we should examine instead our own past for a template. US history reveals three critical periods when the Republic was threatened in an existential way: the Revolutionary period, the Civil War and the Great Depression. Is there a model in any of these three? Well, the first doesn’t count for two reasons. Yes, the colonies enjoyed great political freedom and prosperity in the 17th and 18th centuries. But the usurpation of their freedom was perpetrated by the colonial power, Great Britain. We threw off the yoke in a revolution against a foreign power, not an internal regime. The Civil War, on the other hand, was certainly internal. And slavery was undoubtedly an abrogation of freedom. But the outcome of the Civil War was less a resolution of that issue – after all, segregation lasted another century – than a preservation of the union and the establishment once and for all that secession was impossible. Those who were free before the Civil war remained so and those who weren’t achieved at best limited freedom. It’s just not a model for a 21st century transformation. Finally, the Great Depression. Unfortunately, the US dealt with that calamity by taking the first huge steps on the road to serfdom. There was no rebirth of liberty during the event and precious little afterward. The economy improved but our slide into political and cultural suicide began in earnest under FDR, and was not at all reversed in the successive Truman or Eisenhower administrations.

In conclusion, would Levin’s amendments save us? Probably! Is there a prayer of their coming to fruition? Hardly! I have argued elsewhere that the way to recapture America is to mimic what the Progressives did over the last century to subvert it – namely, capture the culture. Politics run downwind of culture. We have a better chance of reconquering the opinion-molding organs of American society that the Progressives currently control than we do of passing Levin’s amendments. The latter might be a decade long effort while the former likely would take (as it did for the Progressives) a century. Whichever strategy we employ, we better get on it fast. Time is running out.

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3 comments to Would Levin’s Amendments Save America?

  • John

    As an Englishman, and being therefore somewhat more impartial about American Politics, as I see it, the News Media is, I think, both the biggest obstacle, and the biggest culprit, in the current state of affairs in your country.

    It goes beyond bias.

    They take an active role in destroying the credibility of any Conservative/Republican candidate who begins to gain grassroots support.

    For example, how many people in the States even know that when Perot was destroyed by your media in 1992 for his “Your People” comment during his Saturday afternoon speech to the NAACP, that the audience was not only not upset in the least by his comment, but that the NAACP was so impressed by the man that they actually endorsed him for President immediately following his speech ?

    The media out and out lied to you about a trumped up reaction that never happened.

    Even the Congressman Charlie Rangle came before the cameras right after the speech to say how impressed he was by Perot.

    The only way you could have found this out is if you had watched the speech live on C-Span, as I was able to do while I was visiting there.

    Your Media reported this event, which was in fact a smashing victory, somehow as an unforgivable gaff.

    One more point: Ambrose Evans-Pritchard, when back in London after his tour as a Washington Correspondent, reported in I think it was the Telegraph, during the summer of 1996, a few months before your Presidential election, that he had interviewed 4 eye witnesses who claimed they saw the then Gov. Clinton, at a party in Arkansas, get so high on cocaine, that he toppled head first into a garbage pail.

    Should this have been something that the American Electorate needed to be informed about before they went to the polls ?

    Somehow your media decided it was irrelevant, and to the best of my knowledge, the story never came out.

    Here in Europe, we were simply dumbfounded at the control your media has over you.

  • Larry

    There is a serious risk in Levin’s strategy that lies in the phrase “Article 5 convention.” Never in American history have the states invoked their Article 5 powers –and for good reason. State legislators have always been afraid that such a national convention might slip from their control and become a “rogue convention.” Constitutionalists in particular conjure up the nightmare image of statist progressive convention delegates pushing through an agenda that would shred what is left of the protections of the original Constitution.
    If you bring up the subject of an Article 5 convention to most state officials, you can see their minds close faster than they can blink.

    But fortunately for Levin (and us all), there is a solution to the runaway convention problem, and his “natural allies” could find reason to hop on his Article 5 bandwagon. There is a group based in Washington DC of highly influential constitutionalists who call themselves the Madison Coalition and who have found a workable solution to afford states the right to propose single Constitutional amendments while avoiding the dangers of a runaway convention. The first article in the nation to report on the Madison Coalition was published in the online magazine The American Thinker: http://www.americanthinker.com/2012/07/madison_revived.html … It would behoove the reader of this commentary to read the original article to see how the Coalition’s strategy is tailor-made to overcome the most important obstacle to Levin’s proposals. Very briefly, the Coalition’s strategy is to first have the states draft carefully crafted legislation that would eliminate the possibility of the delegates in an Article 5 convention from “going rogue.”

    The Coalition provides the structure to direct those energies. Since the publication of the original article in the American Thinker, the state of Indiana has enshrined the Coalition’s plan of action into state law. Other states are in the pipeline and are sure to follow. The Coalition is now in a phase where it is ready to ramp up its efforts with the help of grassroots activist support. The Coalition can identify the key legislators in the key committees in the most promising states across the country. Madison Laws like the legislation passed in Indiana have already been written and proposed in many state assemblies and require concentrated activist support to force them out of committee and through their respective legislatures.

    In short, Mark Levin with his massive reach to the activist community could not have written a more timely book. Levin’s brilliant strategy of using Article 5 of the Constitution combined with the Coalition’s strategy to neutralize the fear of a runaway convention is, perhaps, America’s best hope of inching back toward the kind of constitutional government that once was the hallmark of our country’s greatness.

  • sedonaman

    Mr. Stark:

    I agree with you on the media influence, but would add Hollywood’s.

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