I recently came across one of those silly websites in which a writer largely ignorant of the Constitution’s background purports […]
The Founders Pointed to Article V as a Cure for Federal Abuse Read More »
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 »
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 »
This article first appeared in the American Thinker.
Term limits are among the reforms being proposed by advocates of curbing federal government abuses through the Constitution’s Article V amendment process.
The idea of congressional term limits has been around for some time. But more recent discussion centers on term limits for the judiciary, especially for the Supreme […]
Term Limits for the Supreme Court? Read More »
This article was first published on CNS News.
A newly published speech by one of our Framers offers important clues to the constitutional role of the states, of the right to keep and bear arms, and of the amendment process.
Charles Carroll of Carrollton represented Maryland at the Constitutional Convention. After the convention was over, he advocated […]
Wisdom From A Framer on Federalism, Guns, and the Amendment Process Read More »
In my last post, I discussed the effect on Colorado’s Taxpayer’s Bill of Rights (TABOR) of the Supreme Court’s ruling in Arizona State Legislature v. Arizona Independent Redistricting Comm’n. In this post, I explain why the Arizona case was decided correctly.
Some people may be surprised that I think the holding was correct. I’m politically conservative […]
In a recent post, I pointed out that, despite superficial appearances, the Constitution’s Necessary and Proper Clause—clarifying that Congress has authority to make laws “necessary and proper” to carrying out its other enumerated powers—actually grants Congress no power.
The Necessary and Proper Clause is representative of one of four related kinds of provisions found in 18th […]
The Necessary and Proper Clause Grants Congress No Power Read More »
More evidence has turned up that the late Chief Justice Warren Burger was defending his Court’s decision in Roe v. Wade when he wrote three letters opposing the Article V convention process.
Burger’s letters frequently are cited as authority by opponents of a “convention of states.” However, in an earlier posting I noted that the […]
This article originally appeared in the American Thinker.
Opponents of the Constitution’s Article V convention method of proposing amendments tout three letters written in the 1980s by former Chief Justice Warren Burger. In those letters, Burger took a very hard line against any convention of states that might bypass Congress and propose corrective constitutional amendments.
I’ve previously […]
Where Chief Justice Burger Likely Got His Anti-Amendment Convention Views Read More »
Article V scholar and former House of Representatives legal counsel Mike Stern has just written a response to the irresponsible claim that Congress could control a Convention for Proposing Amendments, either by specifying how commissioners are allocated or in other ways.
His response is worth wide publicity. Here it is:
RESPONSE TO FEBRUARY 24, 2015 PAPER ENTITLED […]
Mike Stern Rebuts Claim that “Congress would control a convention” Read More »
A little known aspect of our Constitution is that it delegates power, not just to the U.S. Government and to its units, but also to persons and entities outside the U.S. Government. In each case, the power to act is derived ultimately from the Constitution. Even when those persons or entities are states or officeholders […]
The Constitution’s Grants To Persons and Entities Outside the U.S. Government Read More »
The past week saw yet another assault on those reformers who seek to cure federal dysfunction by promoting a “Convention for proposing Amendments.”
The latest attack took the form of an opinion column that in content offered nothing new. It featured many of the usual errors of commission and omission: The author confused a “Convention for […]
The Washington Post Picks Up the Flag from the Convention Alarmists Read More »
