THE LEVIN SOLUTION

People vary, often dramatically, in appearance, aptitude, work habits, character, interests and ambitions.  We differ in gender, race, ethnicity, age, and in the circumstances in which we were born.

So when Thomas Jefferson wrote, on behalf of the 56 signers of the Declaration of Independence, that "all men are created equal," he meant only that we share equally in the rights bestowed upon us by our Creator.

"Life, faculties, production – in other words, individuality, liberty, property – this is man," wrote Frederic Bastiat in his 1850 pamphlet, The Law.

"And in spite of the cunning of artful political leaders, these three gifts from God precede all human legislation, and are superior to it. Life, liberty, and property do not exist because men have made laws. On the contrary, it was the fact that life, liberty, and property existed beforehand that caused men to make laws in the first place".

For us to pursue our "diversity," as God intended, the law must be the same for rich and poor, male and female, young and old, black and white, Democrat and Republican.  

This idea has ancient roots.  "Do not show partiality in judging; hear both small and great alike," says Deuteronomy 1:17. So some forget equality before the law is still the newest political idea in history.  In every country before ours, there was one law for the powerful, another for the hoi polloi. 

Americans have only imperfectly embraced the revolutionary idea the same law should apply to all. It took some while, and a great deal of pain, before "all men are created equal" applied to men who were black.  Decades more passed before women were accorded the same political rights as men.

Still, Abraham Lincoln spoke the truth when he said: "Nowhere in the world is presented a government of so much liberty and equality. To the humblest and poorest amongst us are held out the highest privileges and positions."

Equality before the law is the fundamental principle that undergirds democratic government.  Remove it, and there is just the arbitrary exercise of power.

Lincoln understood this.  Barack Hussein Obama doesn’t.  If a law is inconvenient for him, he ignores it.  The president’s scofflaw behavior culminates a century long assault on the Constitution.  It’s ironic those making it style themselves "Progressives," for theirs is a return to the ways of Pharoahs and Caesars.

The combination of the Supreme Court’s arrogated power of judicial review with life tenure for federal judges has made it possible.  The federal government can do what the Constitution forbids because, said Justice Charles Evans Hughes, "the Constitution is what the judges say it is."

To restore the Constitution our Founders wrote, Mark Levin, chief of staff to Attorney General Ed Meese during the Reagan administration, proposes 11 amendments to it in his new book, "The Liberty Amendments."  They’re listed here.

It was a mistake to offer so many.  It diffuses focus, causes unnecessary controversy. Some of the amendments he proposes – to restrict federal spending and taxes, and to require photo IDs for voting – would make good laws.  But they don’t belong in the Constitution.

These three would suffice:

*Abolish life tenure for federal judges. 

*Limit terms for Members of Congress. 

*Permit a super majority of state legislatures to nullify federal regulations, and laws passed by Congress.

The Nullification Amendment is the most important.  It would  provide a critical check on an overweening Congress, and a way to reduce the size and power of federal regulatory agencies.  It would also go a long way toward restoring the corporate representation of state  governments in the federal government, which was lost when the 17^th Amendment was adopted. 

Mr. Levin proposes that if in a 24 month period, 3/5 of state legislatures pass resolutions to nullify a law or regulation, it shall be null and void.  I’d make it 3/5 to throw out a regulation, 2/3 to throw out a law passed by Congress. 

Congress won’t approve such checks on federal power, which is why Mr. Levin’s book is so valuable.

Amendments to the Constitution may be proposed by Congress, or by a convention called by the states. This last has never been done since 1787, in part for fear a "runaway" convention could alter fundamentally our form of government.

This fear is spurious, because however proposed, an amendment cannot become part of the Constitution until it’s been ratified by the legislatures of three fourths of the states.

"Levin’s research into the Constitution, the debates of the 1787 Constitutional Convention as well as those of the state ratification conventions are beyond thorough," writes Jeff Lord in this enthusiastic  review.

The Founders proposed this second means of offering amendments precisely because they feared Congress might abuse its power, Mr. Levin explains in clear, concise prose.  You can get the flavor of his writing from this excerpt.

"Article V expressly grants state legislatures significant authority to rebalance the constitutional structure for the purpose of restoring our founding principles should the federal government shed its limitations, abandon its original purpose, and grow too powerful, as many delegates in Philadelphia and the state conventions had worried it might," he wrote.

An Article V convention may be the only way to stop those who – stealthily and dishonestly — are fundamentally altering our form of government.

"An oppressive federal government, an oppressive Congress, is not going to rein itself in," Mr. Levin said. "The Framers anticipated this day might arrive, for they knew that republics deteriorate at first from within. They provided a lawful and civil way to repair what has transpired."

It’s up to us to take advantage of their foresight.  Mark Levin makes a compelling case for why we should.

The Liberty Amendments opened #1 on Amazon.com this week.  Thomas Lifson  reviews it here.  Mark Levin discusses the book with Terry Jeffrey of CNS news here. 

I encourage you to read and consider its arguments yourself.

Jack Kelly is a former Marine and Green Beret and a former deputy assistant secretary of the Air Force in the Reagan administration. He is national security writer for the Pittsburgh Post-Gazette.