centralized government, with concentrated power, with a
ubiquitous reach, where the people have less and less say on what’s
happening in their lives — because so much is handled by a bureaucracy, and the courts, and Presidential fiat, and a Congress that
operates in their shadows.
RUSH: The book proposes ten amendments. I don’t want you to
detail them all here, because I want people to buy the book so they
can follow your deep reasoning. People need to understand that you
have spent months and months researching, analyzing, strategizing,
explaining in great depth how these ten amendments would work,
why they’re necessary, tying everything back to the original. But
I’ll mention some of them. You’re proposing term limits, including
for the Supreme Court. That’s
big. You’re proposing to amend
the Constitution, the lifetime
LEVIN: Yes. I’m proposing that
Supreme Court Justices serve
12-year terms, for several reasons. First, they are far more
powerful, and the Court as an
institution is far more powerful,
than the Framers ever intended.
There is absolutely no evidence
in the historical record of the
Constitutional Convention, or
the state Ratification Conventions, that anybody at any time
supported a Court that has the
power that it exercises today, period. You cannot have what is,
in effect, a politburo making final decisions for anything and
everything it chooses to make
final decisions about.
I don’t want to attack the independence of the judiciary in
any way, but we should limit the
terms of these Justices, because
like everybody else, they’re flesh
and blood, they’re imperfect,
and we have a historical record
of Supreme Court cases that
demonstrate it. We have very
good Supreme Court decisions, based on the Constitution. We have
average type decisions that don’t really amount to much, based on
the Constitution. And then we have outrageous decisions. We have
Dred Scott, and Plessy, and Korematsu, and Roe v. Wade, and a
number of others.
LEVIN: Obamacare is a perfect example. These people are imper-
fect, just as members of Congress are imperfect. Just as Presidents
are imperfect. Just as the rest of us are imperfect. So this kind of
concentration of power is exactly the opposite of what the Constitu-
tion provides. The notion that you’re appointed for life and might
serve 30 or 35 years is absurd. We’ve had Justices who served till
their death who were mentally ill. They were babbling buffoons by
the time they passed away. We’ve had Justices on the Court who
turned out to be racists and anti-Semites. We’ve had Justices who
turned out to be unethical. We’ve had all kinds of Justices, includ-
ing terrific Justices. And that’s the point; there ought to be some
kind of rotation. Twelve years is a long time. You can have a lot of
influence on the Court.
I also propose something else, that three-fifths of Congress, or
three-fifths of the states, can override a majority decision of the
Supreme Court. Not rewrite it. Not amend it. But override it. And
I’ll tell you why.
RUSH: When you say override, does that mean nullify it?
LEVIN: Expunge it from the record.
LEVIN: It would happen in exceptional cases. Keep in mind,
there were not even 30 states to
challenge Obamacare. What if
we regularized this process for
cases that are so important, that
affect so many aspects of society?
Why shouldn’t society have a say
in what happens to society? I’m
not talking about majoritarian-ism, which the Framers rejected.
I’m not talking about plebiscites
and that sort of thing. But why
shouldn’t three-fifths of the
states, a supermajority, or three-fifths of Congress, have the final
word in some of these matters
that are so big and so important
to all of society — as opposed to
five Justices? I don’t see that as destroying any concept of Constitutionalism; I see it as reinforcing it.
Because think about it: if one Justice had been appointed by a different President, suddenly the
Constitution means something
completely different than it
would have two months earlier?
That doesn’t even make sense.
RUSH: No. It’s absurd.
LEVIN: This will be objected to,
as most of what I’m proposing will be objected to, by people who
really support this centralized government. Republicans like to talk
about federalism. Well, these amendments are, one after another,
promoting federalism. So we’ll see how many Republicans in Congress actually support this. I doubt many. This entire enterprise is
intended to bypass Congress, to bypass the Court, to bypass the
President, and the bureaucracy — which is another reason why
they’ll oppose it. This book wasn’t written for them. It was written
for the American people.
RUSH: You dedicated it to your fellow countrymen.
RUSH: This brings us to how to put this into action. The idea
of state authority checking Congress is fascinating. All these