First-Ever Legal Treatise On the Constitution’s Amendment Process!

All Postings, amendment applications, amendments convention, Article 5, article five, Article V Process, Articles, balanced budget, balanced budget amendment, CONSTITUTION, constitutional amendment, constitutional convention, constitutional law, convention for proposing amendments, convention of states, Natelson Rob, necessary and proper clause, Rob Natelson |

Independence Institute Senior Fellow Rob Natelson has written the first legal treatise covering constitutional amendment law. The work, published by […]

First-Ever Legal Treatise On the Constitution’s Amendment Process! Read More »

Are recent “rescissions” of Article V applications valid?

All Postings, amendment applications, amendments convention, Article 5, article five, Article V, Article V Process, Articles, balanced budget, balanced budget amendment, CONSTITUTION, constitutional amendment, constitutional convention, constitutional law, convention for proposing amendments, convention of states, Natelson Rob, Rob Natelson |

Many recent state legislative Article V rescissions suffer from defects the courts call “material mistakes.” A material mistake can void

Are recent “rescissions” of Article V applications valid? Read More »

Journal Now Available from the Latest Convention of States

All Postings, amendments convention, Article 5, article five, Article V, Article V Process, balanced budget, balanced budget amendment, CONSTITUTION, constitutional amendment, constitutional convention, constitutional law, convention for proposing amendments, convention of states, Natelson Rob, Rob Natelson |

The latest of a long line of conventions of states was held in September 12-15, 2017 in Phoenix, Arizona. It

Journal Now Available from the Latest Convention of States Read More »

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 […]

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

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 […]

What is an Amendments Convention “Application?” What is a “Call?” Read More »

The Impending “Convention for Proposing Amendments” — Part II

All Postings, amendment applications, amendments convention, Article 5, article five, Article V, Article V Process, Articles, balanced budget, balanced budget amendment, convention for proposing amendments, Natelson Rob, original meaning, original understanding, originalism, ratification of constitution, Rob Natelson, The Founding, Uncategorized |

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

The Impending “Convention for Proposing Amendments” — Part II Read More »

The Impending “Convention for Proposing Amendments” – Part I

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

Note: This is Part I of a six-part series I wrote on Amendment Conventions for the Washington Post’s “Volokh Conspiracy,” a leading constitutional law website. Links have not been reproduced, because all supporting information is on this website and can be found with by word search.
Part I: How Past Conventions Inspired the Constitution’s “Convention for […]

The Impending “Convention for Proposing Amendments” – Part I Read More »

Rob Explains Why We Need a Convention of States

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 |

Rob Explains Why We Need a Convention of States Read More »

Soros-Funded Groups Attack the Article V Movement

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

Article V activists have had to deal with the defamatory, and potentially actionable, charge that they are supported by socialist billionaire George Soros.
As far as I can determine, however, no one in the movement has been able to identify any pro-Article V Soros money at all.
On the contrary, Soros-funded groups have repeatedly assailed Article V […]

Soros-Funded Groups Attack the Article V Movement Read More »

Answering Questions About the Voting Rules at a Convention for Proposing Amendments

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

Note: This column appeared originally at the American Thinker.
In a recent post, I examined suggestions that a convention of the states for proposing amendments adopt a supermajority rule for proposing any amendment. Most commonly suggested is that the convention replace the traditional “majority of states decides” standard with a two thirds requirement.
I explained that this […]

Answering Questions About the Voting Rules at a Convention for Proposing Amendments Read More »

Trying to Alter the Traditional Amendments Convention Voting Rule Is a Mistake

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, Rob Natelson, The Founding |

Note: This article first appeared in The American Thinker.
Advocates of a federal balanced budget amendment are closing in on the 34 states necessary to require Congress to call a convention for proposing amendments. Other groups, such as the Convention of States project, are working assiduously toward the same goal. If they succeed, it will a […]

Trying to Alter the Traditional Amendments Convention Voting Rule Is a Mistake Read More »

How A Famous English Convention Clarifies the Role of a Convention of States

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, Natelson Rob, original intent, original meaning, original understanding, originalism, Rob Natelson, supreme court, The Founding |

Note: This article first appeared on the American Thinker website.
In the Anglo-American constitutional tradition, a “convention” can mean a contract, but the word is more often applied to an assembly, other than a legislature, convened to address ad hoc political problems. The “Convention for proposing Amendments” authorized by Article V of the Constitution is designed […]

How A Famous English Convention Clarifies the Role of a Convention of States Read More »