Mark Levin, in his best-selling book The Liberty Amendments, is absolutely right about two things: First, the Courts, president, and Congress are not playing the roles assigned to them by the Constitution. The Court is deciding the country’s social and cultural issues; the president freely amends laws and drops Tomahawk missiles on people without going to Congress; and Congress’s job, by their own lights, is to get reelected by passing off all controversial issues to the Court and the president. So alienated is the public that when asked whether they “think the government is trying to act in the public’s interest most of the time,” only 19 percent answer yes.
And second, the Senate for 40 years has been an obstacle to critical constitutional amendments on a balanced budget and term limits. The Senate rejected Sam Nunn’s balanced budget amendment in 1994, 1995, and 1996. Had it not done so, all our deficits and the $17 trillion debt run up by Presidents Bush and Obama could have been avoided or substantially reduced.
So, Mr. Levin has put his finger on two big problems. What does he want to do about it? He proposes we use a constitutional-amendment process that has never been used before.
Article V of the Constitution provides for two methods of amendment. In one method, Congress by a two-thirds...