Obviously there are more than two ways our unalienable rights are being systematically attacked, but the intent of this article is to bring attention to what most on the right would think unimaginable. I humbly ask the reader to put aside any partisanship they may have and observe the facts. Our Constitution is more important than any one person or group.
For those who don’t already know, Mark Levin has helped usher in a renewed effort for an Article V Constitutional Convention under the guise of a “Convention of the States” with his book ‘The Liberty Amendments’. The last time it was pushed in the 1980’s it was soundly defeated under the term of a Constitutional Convention. Since there is only one Article V Convention for proposing alterations to the Constitution, it makes no difference what one prefers to call it, a Constitutional Convention (Con Con) is what will take place when Congress calls the Convention upon the application of 2/3 of the States.
So what the proponents of a Convention of the States (COS) are doing is violating the Laws of Classical Thought to make it appear as something different when it’s really not. What has become known as “Lincoln’s Riddle” illustrates the absurdness of what they are doing:
Q: If you call a tail a leg, how many legs does a calf have?
A: Four, because calling a tail a leg doesn’t mean it is one.
But I digress…
The COS movement assures us that unlike a Con Con, a COS can be limited, so therefore it can be controlled and is perfectly safe. That is their first assault on our natural rights as proclaimed in our Declaration of Independence.
That whenever any Form of Government becomes destructive of these ends [unalienable natural rights], it is the Right of the People to alter or to abolish it…
It is self-refuting to claim that a destructive government can limit the Right of the People in altering or abolishing their form of government. In George Washington’s Farewell Address, written for him by both James Madison and Alexander Hamilton, that Right of the People was once again proclaimed.
The basis of our political systems is the right of the people to make and to alter their constitutions of government. But the constitution which at any time exists til changed by an explicit and authentic act of the whole people is sacredly obligatory upon all. The very idea of the power and the right of the people to establish government presupposes the duty of every individual to obey the established government. [Emphasis Mine]
The Delegates to the Article V Convention are invested with all the powers of the People, they are not bound by meaningless laws imposed on them by state or federal governments. The Constitutional Convention of 1787 is evidence of that!
Before moving on to our second natural right being assaulted, it is important to note the second sentence from the excerpt from Washington’s Address. The Constitution still means exactly what it did when first ratified unless amended otherwise, so the federal government is still one of enumerated powers only. Instead of acknowledging that fact, COS proponents choose to remain under the illusion of the Constitution being destroyed by unconstitutional means. They go so far as to claim we are now living in a post-constitutional era, so it doesn’t matter if the whole Constitution is lost at the convention. Those are not the words of patriots who honor their solemn Duties as Citizens of this republic…
Now the second natural right that Mark Levin goes after is the Right to Self-Defense. As Amendment X reminds everyone, whatever powers not delegated to the federal government remain with the States and People. So when the federal government usurps power, they are taking it away from the sovereign States and/or People. The States have the natural right to defend themselves from those usurpations.
The States are not powerless as Mr. Levin and those promoting a Con Con would have us believe. The State has the natural right to nullify unconstitutional laws and interpose between their citizens and the federal government if the feds try enforcing their own unconstitutional acts. Any law that is not made in pursuant of the Constitution is to be immediately considered nugatory and void (see Article VI second clause). Not only does nullification immediately halt the federal government’s lawless intrusion, it demands the violation be immediately addressed by Congress.
In order to trash his opposition, Mark Levin calls people who advocate for state nullification of unconstitutional laws as “kooks”. Well at least we know what Levin really thinks about the Founders he claims to respect…
… but where powers are assumed which have not been delegated, a nullification of the act is the rightful remedy: that every State has a natural right in cases not within the compact, (casus non foederis,) to nullify of their own authority all assumptions of power by others within their limits: that without this right, they would be under the dominion, absolute and unlimited, of whosoever might exercise this right of judgment for them… ~Thomas Jefferson, The Kentucky Resolutions (1798)
In his Notes on Nullification, James Madison commented on the above:
“… the right of nullification meant by Mr. Jefferson is the natural right, which all admit to be a remedy against insupportable oppression…”
For more on State nullification of unconstitutional laws, see Publius Huldah’s article: James Madison Rebukes Nullification Deniers.
Unfortunately, the facts don’t support Mark Levin’s rhetoric of being a lover of liberty and a friend of the Constitution. State nullification imposes a strong check and balance on the federal government which upholds and enforces the Constitution. Where Levin’s plan will fundamentally alter the Constitution with gimmicky titled amendments that suggest one thing, but do another. To blindly trust the council of anyone on this important matter would be a fatal mistake for our constitutional republic.
“Men must be ready, they must pride themselves, and be happy to sacrifice their private Pleasures, Passions and Interests, nay, their private Friendships and dearest Connections, when they stand in Competition with the Rights of Society.” ~John Adams, letter to Mercy Warren (April 16, 1776)