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.

Learn about the COS project here, and watch the exchange below:

Hat Tip: CSPAN

About The Author

Mark was a co-founder of the Tea Party Patriots, and served as the national coordinator. He left the organization to work more broadly on expanding the self-governance movement beyond the partisan divide. Mark appears regularly on television in outlets as diverse as MSNBC, ABC, NBC, Fox News, CNN, Bloomberg, Fox Business and the BBC. He’s highly sought after for the tea party perspective from print and electronic media outlets, from the Wall Street Journal, New York Times, L.A. Times, Washington Examiner, Politico and the The Hill. Mark blogs at, and his opinion editorials regularly run in many of the leading political newspapers both on and offline. Mark has a BA in English from San Diego State University and graduated with honors from University of the Pacific, McGeorge School of Law in 1988. He practiced real estate and business law for almost a decade. For the last eleven years of his legal career he specialized in Internet advertising law. When not fighting for the future of our nation, Mark is an avid horseman, and lives in rural northern California with his wife Patty and two children.

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