The Constitutional Convention Did Not Exceed Its Power and the Constitution is not “Unconstitutional”

Note: This article was first published in 2013. Judging by recent claims in the media such as this one, there

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A New Theory Supporting The Use of the Tenth Amendment to Control the Article V Process—and Why the Theory Doesn’t Work

The state legislative power to issue binding applications for an amendments convention derives either directly from the Constitution (Article V) or from authority retained (“reserved”) by the states under the Tenth Amendment. Which is it?
A lot hinges on the question. One thing that does is the legal validity of the “Compact for America” approach. The […]

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What is an Amendments Convention “Application?” What is a “Call?”

Article V of the Constitution states that “The Congress . . . on Applications of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments.”
As I pointed out in my book, The Original Constitution: What It Actually Said and Meant, 18th century writers were imbued heavily with Latin language […]

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When They Start Throwing Black’s Law Dictionary at You—Duck!

If you are involved in politics, sooner or later someone will “prove” his point by quoting to you a line from Black’s Law Dictionary, Corpus Juris Secundum, or a similar source. He may tell you that these are “definitive” legal sources, not to be doubted.
Whatever he’s selling, don’t buy it. These sources are not definitive, […]

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