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FAQs About The Article Five Convention Process

A continuing series of discussions of Mark Levin’s new book,
The Liberty Amendments: Restoring the American Republic

(Discussion #21 – Frequently Asked Questions

It’s Liberty Amendments Monday, here at TheRightScoop! This week, to disguise the fact that I didn’t get time to write an article, we’re going to slap together a list of Frequently Asked Questions, with some links and other helpful things to help find answers. If I make the font really large and the margins really wide, the teacher will probably never notice the lack of content.

AC Bridge Circuit

1) I’m new to this, where can I find a quick summary to get me up to speed?

The folks at ConventionOfStates have prepared a quick overview of the problem, the solution, and their plan to put it into effect. Also, Mark Levin put Chapter One from his book, The Liberty Amendments online for people to read for free.

Finally, after reading those, you should begin reviewing our previous discussions in order, starting with the first one, Zombie Doctrine, Tactics, and the Liberty Amendments.

2) How can this possibly work when the Federal Government and the Courts have ignored much of the Constitution already?

The only power on Earth that can hope to peacefully rein in the US Federal Government lies with the Several States that make up the Union.

Think about the truth of that statement for a moment.

The long, slow process of taking over the nation’s institutions by the left began in earnest in the days of Woodrow Wilson. That’s One Hundred years of “progressivism” slowly leaching away the bedrock of Liberty embodied in the Declaration of Independence and the Constitution. The sheer lawlessness of the current Administration and the feckless resistance efforts by Republicans proves that we cannot possibly turn the tide via success at the ballot box soon enough to salvage the nation.

But the pathways of insurrection, secession, or revolution are all guarantees of only one thing: wildly unpredictable change. We must attempt a peaceful solution to this problem. One that complies with the law. We must use the law to defend ourselves from those who have broken it.

The one power on Earth that can employ the law in an attempt at Restoration is embodied in the legislatures of the states. And despite the fact that the states appear to be silent partners in this Union, the people need to wake up to the fact that our states are not chattel, and they do have powers. Please review Discussion #5: The Sovereign States – a Phrase With Meaning to see why our states can accomplish the Restoration we need.

3) How do we know that a Convention will follow any rules or create anything useful in an attempt to Restore the Constitution?

History is our guide here. One fact that has rarely been taught in our schools is that the States have held many Conventions in the past. The Framers assumed Americans would not forget this obvious approach to resolving problems in the Union and among the States. (The Progressives made sure we did forget, and that repressed history should help you understand why the more radical elements of the Right are so afraid of this process.) To understand more about Conventions and why they can be conducted without wild elements taking them in unpredictable directions, please review Discussion #14 – The Missing Balance and the Many Applications. The footnotes to Discussion #14 contain some very important resources, and I urge people to take some time to read them.

Ultimately, it comes down to what choices we have. Secession has one slim possibility of working, namely the secession from a State by a geographic region of that state, such as some are proposing to do in Maryland. But that’s an even slower approach than the Article Five Convention. Nullification proposals may bring relief in specific cases (Second Amendment nullification laws, Sanctuary City nullification laws, and ACA Nullification laws are discomforting examples there). But nullification does not change the framework for all states in a permanent way. Interposition is so similar to nullification that they are mostly different in how they are framed as nullifying acts. So that’s no help.

What’s left? Success at the ballot box, appointing better justices, and attempting a long, slow march back toward Liberty. That’s what we all thought we were doing when Reagan was sworn in to office. Yet here we are. Other than the Article Five Convention process, the only other options are all from the “belligerent” column: war, insurrection, revolution, and riot.

Those pathways obviously bring far greater danger of unintended consequences than an Amendments Convention. And I’m not going to soft-peddle this: they also include a greater possibility that your sons and daughters will die in armed conflict because you did not act soon enough to stop it.

Thus, the answer to this FAQ is that each of you must learn why the process will work, and how to insure that it does work. Failure of the process is not the danger here. Failing to act is.

4) Isn’t an Article Five Convention the same thing, really, as a Constitutional Convention??


The Constitutional Convention of 1787 was called by Congress under the laws embodied in the Articles of Confederation. It was called specifically to propose a new Constitution of the United States. Upon ratification of The Constitution, no such similar Convention may be called. In other words, such a Convention would be outside the scope of the law. Our schools have failed us in teaching this. It’s an understandable excuse for people who keep blaring on about “the dangers of a Con-Con.” But it is an excuse that has an expiration date. Everyone needs to learn the history of the Philadelphia Convention, and learn why nothing in Article Five provides for an open Convention to rewrite the Constitution.

But can’t someone propose an Amendment that rewrites the Constitution?

People can propose anything they want. But each proposal has to be voted on by the state delegates (or Commissioners), and then the proposal itself, if it passed such a vote, would have to be codified, and then ratified by Thirty-Eight states.

If that particular restraint is not enough to stop a “runaway” Convention, then we must accept one fact: Nothing but war would stop the current slide toward totalitarianism in which we find ourselves today. Give up. It’s all over. You lose. The end.

Anyone supporting that concept is just in the way. Ignore them. They’ve given up. Not the rest of us.

5) Do I have to join some group or party to make sure the Article Five Convention is held?

No. You can contact your state legislators yourself. In many regions of the country, your legislator is someone from your own town, and likely still has a job or business there. You can probably meet with them within a hundred miles of your house. This is not like lobbying Congress or buying a Senator.

However, you can also follow the guidance at ConventionOfStates and join in a more organized effort to convince your state’s legislature to apply for an Amendments Convention under Article Five.

The brilliance of this process is that it is local action to create change at the national level.

6) Can’t this lawless President stop our efforts?

No. He can’t. We’re following the law, and there’s not a thing he can do to stop us, short of a military coup. Your state’s Governor can’t stop it, either. It’s a process solely entrusted to the legislatures of the Several States.

7) What about all of the specific complaints by the Conservative Critics who keep telling us that this process is dangerous, and that the proponents of it are frauds?

Here once again the brilliant minds at ConventionOfStates have put together a complete set of answers to the critics. If these critics truly believe in the Constitution, then they need to embrace it, and get on board with this fully-Constitutional process.

You can ask more questions in the comments. This is always an open form on anything relevant to the Article Five Convention.


Discussion #20 – Nullification: don’t do an image search!
Discussion #19 – The Kooks and Neoconfederates Edition
Discussion #18 – #Shutuppery
Discussion #17 – Why All The Lies?
Discussion #16 – A Few Quick Notes
Discussion #15: Our Cities: The Real Misery Index
Discussion #14: The Missing Balance and the Many Applications
Discussion #13: Activism, and the Scope of the Problem
Discussion #12: Cutting Back The Bureaucracy
Discussion #11: ArticleFiveProcess site news
Discussion #10: The Article Five process is how we go on offense
Discussion #9: the filthy habit of continuing resolutions
Discussion #8: Naysayers
Discussion #7: Tracking Our Progress
Discussion #6: Amendments on Spending and Taxes
Discussion #5: How much power do the states have?
Discussion #4: What If They Hijack the Convention?
Discussion #3: An Invitation to Our Friends on the Left
Discussion #2: Run Away!
Discussion #1: Zombie Doctrine, Tactics, and the Liberty Amendments

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