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Amy Coney Barrett slams judicial activism, upholds Article V as the only way to amend Constitution

Published in Blog on October 14, 2020 by Convention Of States

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The following was written by Convention of States Action President Mark Meckler and originally appeared on SelfGovern.com.

Yesterday, the second day of Amy Coney Barrett’s nomination hearing, Nebraska Sen. Ben Sasse questioned President Trump’s Supreme Court nominee about a variety of topics.  Specifically, he asked her about her originalist judicial philosophy, the nature of law, and the role of courts.

I loved watching this very smart exchange, especially when I heard Judge Barrett’s comments about the right way to amend the Constitution.



“Judge, you have said that the meaning of law doesn’t change with time, and you’ve said that’s very important,” Sen. Sasse asked.  “Can you unpack for us why it’s so important that the meaning of a law doesn’t change with time?”

Judge Amy Coney Barrett’s answer was enough to make a patriot’s heart sing.  “Because the law stays the same until it is lawfully changed. And if we’re talking about a law that has been enacted by the people’s representatives or gone through the process of Constitutional Amendment or Constitutional ratification, it must go through the lawfully prescribed process before it’s changed,” she said.  “So, Article V in the context of the Constitution, or bicameralism and presentment in the context of statutes, and it’s not up to judges to short-circuit that process by updating the law. That’s your job.”

Of course, I loved this, as the founder of the Convention of States Project, which our national effort to call a convention under Article V of the United States Constitution, restricted to proposing amendments that will impose fiscal restraints on the federal government, limit its power and jurisdiction, and impose term limits on its officials and members of Congress.

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Almost everyone knows that our federal government is on a dangerous course. The unsustainable debt combined with crushing regulations on states and businesses is a recipe for disaster.

What is less known is that the Founders gave state legislatures the power to act as a final check on abuses of power by Washington, DC. Article V of the U.S. Constitution authorizes the state legislatures to call a convention for proposing needed amendments to the Constitution. This process does not require the consent of the federal government in Washington, DC.

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