Mark R. Levin has made the case, in numerous bestselling books that the principles undergirding our society and governmental system are unraveling. In The Liberty Amendments, he turns to the founding fathers and the constitution itself for guidance in restoring the American republic. The delegates to the 1787 Constitutional Convention and the delegates to each state’s ratification convention foresaw a time when the Federal government might breach the Constitution’s limits and begin oppressing the people. Agencies such as the IRS and EPA and programs such as Obamacare demonstrate that the Framers’ fear was prescient. Therefore, the Framers provided two methods for amending the Constitution. The second was intended for our current circumstances—empowering the states to bypass Congress and call a convention for the purpose of amending the Constitution. Levin argues that we, the people, can avoid a perilous outcome by seeking recourse, using the method called for in the Constitution itself. The Framers adopted ten constitutional amendments, called the Bill of Rights, that would preserve individual rights and state authority. Levin lays forth eleven specific prescriptions for restoring our founding principles, ones that are consistent with the Framers’ design. His proposals—such as term limits for members of Congress and Supreme Court justices and limits on federal taxing and spending—are pure common sense, ideas shared by many. They draw on the wisdom of the Founding Fathers—including James Madison, Benjamin Franklin, Thomas Jefferson, and numerous lesser-known but crucially important men—in their content and in the method for applying them to the current state of the nation. Now is the time for the American people to take the first step toward reclaiming what belongs to them. The task is daunting, but it is imperative if we are to be truly free.

The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.

It's possible: we Americans can fix our broken federal government. Our Founders made sure of it. For 50 years, political insiders have been trying to suppress all knowledge of how to reform our government. No longer! In this book, America's leading active scholar on the constitutional amendment process reveals how we can bypass Congress to win the reforms we need. Relying on three centuries of history, over two centuries of decided case law, and vast historical and legal research, Professor Natelson answers such questions as: * How does the Constitution let us bypass Congress to get the reforms we need? * What exactly is a "convention for proposing amendments"--and what it is not? * How is the convention organized and governed? * What are the legal rules governing the process? * Which writings about the amendment process are reliable--and which are just propaganda? The Law of Article V is an indispensable guide for all Americans who love their country.

A brilliant new approach to the Constitution and courts of the United States by Supreme Court Justice Stephen Breyer.For Justice Breyer, the Constitution’s primary role is to preserve and encourage what he calls “active liberty”: citizen participation in shaping government and its laws. As this book argues, promoting active liberty requires judicial modesty and deference to Congress; it also means recognizing the changing needs and demands of the populace. Indeed, the Constitution’s lasting brilliance is that its principles may be adapted to cope with unanticipated situations, and Breyer makes a powerful case against treating it as a static guide intended for a world that is dead and gone. Using contemporary examples from federalism to privacy to affirmative action, this is a vital contribution to the ongoing debate over the role and power of our courts.

The discrepancy between the fourteenth amendment’s true meaning as originally understood, and the Supreme Court’s interpretation of its meaning over time, has been dramatic and unfortunate. The amendment was intended to be a constitutional rule for the promotion and protection of people’s rights, administered by the states as front-line regulators of life, liberty, and property, to be overseen by Congress and supported by federal legislation as necessary. In this book, William B. Glidden makes the case that instead, the amendment has operated as a judge-dominated, negative rights-against-government regime, supervised by the Supreme Court. Whenever Congress has enacted legislation to protect life, liberty, or property rights of people in the states, the laws were often overturned, narrowly construed, or forced to rely on the power of Congress to regulate interstate commerce, under the Supreme Court’s constraining interpretations. Glidden proposes that Congress must recover for itself or be restored to its proper role as the designated federal enforcement agency for the fourteenth amendment.

“Narrative, celebratory history at its purest” (Publishers Weekly)—the real story of how the Bill of Rights came to be: a vivid account of political strategy, big egos, and the partisan interests that set the terms of the ongoing contest between the federal government and the states. Those who argue that the Bill of Rights reflects the founding fathers’ “original intent” are wrong. The Bill of Rights was actually a brilliant political act executed by James Madison to preserve the Constitution, the federal government, and the latter’s authority over the states. In the skilled hands of award-winning historian Carol Berkin, the story of the founders’ fight over the Bill of Rights comes alive in a drama full of partisanship, clashing egos, and cunning manipulation. In 1789, the nation faced a great divide around a question still unanswered today: should broad power and authority reside in the federal government or should it reside in state governments? The Bill of Rights, from protecting religious freedom to the people’s right to bear arms, was a political ploy first and a matter of principle second. The truth of how and why Madison came to devise this plan, the debates it caused in the Congress, and its ultimate success is more engrossing than any of the myths that shroud our national beginnings. The debate over the Bill of Rights still continues through many Supreme Court decisions. By pulling back the curtain on the short-sighted and self-interested intentions of the founding fathers, Berkin reveals the anxiety many felt that the new federal government might not survive—and shows that the true “original intent” of the Bill of Rights was simply to oppose the Antifederalists who hoped to diminish the government’s powers. This book is “a highly readable American history lesson that provides a deeper understanding of the Bill of Rights, the fears that generated it, and the miracle of the amendments” (Kirkus Reviews).

"Mark Levin presents a proposal for new constitutional amendments to fix our broken country"--