Constitutional scholar and expert, Mark Levin, has written a new book, outlining a plan to restore Constitutional Republicanism to our Federal government. The Liberty Amendments points out a key provision in Article V of the Constitution, whereby the Amendment process can alternatively originate from the States. It has never been successfully attempted, but it's there, and the Founding Fathers had good reason to put it there.
Did Mark Levin mention that Madison warned against another convention? He wrote:
“You wish to know my sentiments on the project of another general Convention as suggested by New York. I shall give them to you with great frankness …….3. If a General Convention were to take place for the avowed and sole purpose of revising the Constitution, it would naturally consider itself as having a greater latitude than the Congress appointed to administer and support as well as to amend the system; it would consequently give greater agitation to the public mind; an election into it would be courted by the most violent partizans on both sides; it wd. probably consist of the most heterogeneous characters; would be the very focus of that flame which has already too much heated men of all parties; would no doubt contain individuals of insidious views, who under the mask of seeking alterations popular in some parts but inadmissible in other parts of the Union might have a dangerous opportunity of sapping the very foundations of the fabric. Under all these circumstances it seems scarcely to be presumeable that the deliberations of the body could be conducted in harmony, or terminate in the general good. Having witnessed the difficulties and dangers experienced by the first Convention which assembled under every propitious circumstance, I should tremble for the result of a Second, meeting in the present temper of America, and under all the disadvantages I have mentioned. ….I am Dr. Sir, Yours Js. Madison Jr” ___See Letters of Delegates to Congress: Volume 25 March 1, 1788-December 31, 1789, James Madison to George Turberville
I like Mark Levin but on this issue he has not given enough thought to promoting an Article V convention which is not only uncharted waters, but a very dangerous idea!
JWK
If the America People do not rise up and defend their existing Constitution and the intentions and beliefs under which it was adopted, who is left to do so but the very people it was designed to control and regulate?
Article V does not give states authority to call a constitutional convention. It authorizes states to call an "amendments convention" which is what Levin is proposing. This has been used in the past, and Madison, along with George Mason and Alex Hamilton, made great arguments for the provision in Article V.
Today, Levin had on his program, Constitutional law professor at Georgetown University, Dr. Randy Barnett. He not only supports Levin's proposal, he has been advocating for such a convention the past several years. He says it is not possible for there to be a "runaway convention" where the Constitution would be rewritten, anymore than a runaway Congressional amendment process, which has been used 27 times. It simply replaces Congress with state delegates to a convention, and operates the same exact way from there. The state delegates simply replace Congress in the process.
It's important to understand the reason the founders included this provision. It was in the event that Congress became the problem, and would not be compelled to take measures to limit it's own power.
As for the arguments regarding the 17th Amendment, yes, the states did threaten to convene an amendments convention to establish the 17th, and Congress intervened to do it instead, when they saw the writing on the wall. The state amendment process would have succeeded in that case, they had the votes needed. For those who argue, well, the states obviously thought it was best to have the Senators elected by popular vote, I remind you that the states also ratified another amendment along about the same time, calling for the prohibition of alcohol. Turns out that wasn't such a wise decision, even though 3/4 of the states did ratify it into the Constitution.