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

All Postings, amendment applications, amendments convention, Article 5, Article V, balanced budget, balanced budget amendment, CONSTITUTION, constitutional amendment, constitutional convention, constitutional law, convention for proposing amendments, convention of states, Natelson Rob, original intent, original meaning, original understanding, originalism, Rob Natelson, The Founding |

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?”

All Postings, amendment applications, amendments convention, Article 5, Article V, balanced budget, balanced budget amendment, CONSTITUTION, constitutional amendment, constitutional convention, constitutional law, convention for proposing amendments, convention of states, Natelson Rob, original intent, original meaning, original understanding, originalism, ratification of constitution, Rob Natelson, The Founding |

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!

All Postings, Article 5, Article V, CONSTITUTION, constitutional amendment, constitutional convention, constitutional law, convention for proposing amendments, convention of states, Natelson Rob, Rob Natelson |

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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The Constitution’s Article V, Not the 10th Amendment, Gives State Legislatures Their Power in the Amendment Process

All Postings, amendments convention, Article 5, Article V, CONSTITUTION, constitutional amendment, constitutional law, convention for proposing amendments, Natelson Rob, Rob Natelson |

Note: An earlier version of this article appeared inThe American Thinker. Some advocates of a convention for proposing amendments are

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The Impending Convention for Proposing Amendments — Part IV

All Postings, amendments convention, Article 5, Article V, CONSTITUTION, constitutional amendment, constitutional law, convention for proposing amendments, Natelson Rob, Rob Natelson, Uncategorized |

Note: This series of six articles originally appeared in the Washington Post’s “Volokh Conspiracy,” a leading constitutional law website. Parts

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