Posted on 09/16/2013 12:39:41 PM PDT by Dick Bachert
I just read a single point and it was defective. I don’t have much hope for the rest since it is clear that the author has not talked to Mark, listened to his commentary, or possibly even read his book.
later
I’m trying to figure out what purpose the “refutation” serves. So far, Levin looks like he is trying to unite the states against the federal government to stop the continued dismantling of the US constitution. This here seems to be a laissez-faire approach to the federal government, merely ignoring via nullification, something not written into the US constitution and a tenuous theory at best.
This is 100% true.
Which point?
The first is from the American Legislative Exchange Council, a conservative pro-business group. That makes me believe they just might be the good guys. I like the conclusions to which the author arrived. This document has been sent to every state legislator in the country.
Proposing Constitutional Amendments by a Convention of the States: A Handbook for State Lawmakers
The second is a 1973 report from the American Bar Association attempting to identify gray areas in the amendatory process to include an Amendments Convention. It represents the view of the ruling class of 40 years ago. I don't like some of their conclusions, but they have laid out the precedents that may justify those conclusions. What I respect is the comprehensive job they did in locating all the gray areas. They went so far as to identify a gray area that didn't pop up until the Equal Rights Amendment crashed and burned a decade later. Even if you find yourself in disagreement with their vision, it's worth reading to see how the ruling class will try to dominate an Amendments Convention.
Report of the ABA Special Constitutional Convention Study Committee
Other threads on the subject with a wealth of information and discussion on the issue.
Convention of States: A Handbook for Legislators and Citizens
A Summary of Mark Levin’s Proposed Amendments
Toward an Article V Amendment Convention
Mark Levin: A Modern Day Constitutional Prophet
Tom Coburn Calls for a National Constitutional Convention
How to Make Mark Levin’s Vision of Constitutional Reform a Reality
Some Thoughts on the Mechanics of the Article V Movement
A Constitutional Cure for What Ails Us
She should call in or contact Levin. I am sure he’d give her plenty of time to explain her reasoning and he’d probably give her an opportunity to learn something..
What Article V Really Says
“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…” [boldface mine]
Note that Congress “calls” the Convention. The States don’t “call” it – all they can do is apply to Congress for Congress to call it.<<<
This is one point right here that the author gets wrong. Mark has stated this exactly as the author uses to say mark is wrong. If the author is arguing the same point as Mark has stated then it is obvious to the casual observer that the author does not understand what Mark is saying.
Cooper vs. Aaron held that states may not nullify federal law.
That makes the point wrong.
Nullification by states can not be legally accomplished. It could be illegally accomplished, by permissive or abusive prosecutorial discretion, or revolution.
Are you saying that Mark Levin acknowledges that congress calls the convention?
I read as far as I could tolerate, but her answer to the current trampling of the constitution is to “elect more republicans.”
Yeah, that’s working great!
I will read her work ONLY if she has the courage to face and debate Mr. Levin. I believe the challenge is out there. What says her?
The notion of the runaway convention. Each state appoints its delegates and can fire them if dissatisfied with what they are doing. A supermajority of the legislatures of the several states must approve (ratify) any proposed amendments. That is a very difficult process and many amendments have failed to reach the standard.
Well, that didn’t take long. Looking forward to Mark’s rebuttal.
What is a Publius Huldah?
Let's see nullification, go for it.
“””” By the fifth article of the plan, Congress will be obliged’ on the application of the legislatures of two thirds of the States [ which at the present amount to nine], to call a convention for proposing amendments, which shall be valid, to all intents and purposes, as part of the Constitution, when ratified by the legislatures of three fourths of the States, or by conventions in three fourths thereof.’ The words of this article are peremptory. The Congress’ shall call a convention,’ Nothing in this particular is left to the discretion of that body.”””
It is clear that Mark states exactly what the author of this article states above. That the congress must call the convention when petitioned by 3/4 of the states. The author obviously has not read Marks book or listened to his radio show.
I have not read the book but found this quote in a matter of just a few minutes. I knew it would be there in the book because I have listen to Marks show and he has stated this many times.
I would suggest that the Author actually reads the book before stuffing her foot in her mouth.
Many Republicans do not want to admit that nullification has any legitimacy, because the most notable use of nullification was by the Southern slave-holding states before the Civil War. They don’t want to be associated with that, even if it means giving unchecked power to the Federal government.
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