Megyn Kelly notes some flaws in Texas Gov. Greg Abbott's constitutional convention plan

Lots of people are skeptical of Texas Gov. Greg Abbott's (R) proposal to call a convention of states to pass nine amendments to the U.S. Constitution in order to reassert state rights against the federal government. Under a never-used provision of Article 5 of the Constitution, 34 states may ask for a constitutional convention, and if 38 states back the proposed changes, the Constitution is so amended. Abbott's proposals include allowing a two-third majority of states to override federal laws and U.S. Supreme Court decisions, requiring a balanced budget from Congress, and prohibiting the federal government from regulating any activity "that occurs wholly within one state."

Among the skeptics are many Texas lawmakers, who would have to approve Abbott's plan, and Fox New host Megyn Kelly. Abbott told Kelly on Monday's Kelly File that the convention idea isn't really his plan, but one envisioned by James Madison, Alexander Hamilton, and Ben Franklin. "Basically, what I'm calling for is not changing the Constitution, but instead returning the Constitution to the original principles that were enshrined in the Constitution itself," he insisted. "Like allowing a two-thirds majority of states to override a U.S. Supreme Court decision?" Kelly asked. "That was not in the spirit of the original."

Abbott went on to argue that the founders didn't want five U.S. Supreme Court justices to overrule the majority will of the people when they decide what's constitutional. He did not bring up other principles enshrined in the Constitution, like counting African slaves as 3/5 of a person and barring women from voting. You can watch Abbott make his case below. Peter Weber

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