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It's Been Done Before: A Convention of the States to Propose Constitutional Amendments

Article V, CONSTITUTION | February 21, 2013

In 1861, the states held a dry run for an Article V “convention for proposing amendments.” The event was the […]

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A Response to the “Runaway Scenario”

Article V, CONSTITUTION, Constitution Uncategorized, Supreme Court | February 15, 2013

NOTE: This is an updated version of an essay first published in 2013. For a comprehensive treatment of amendment law,

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Count of Legislative Applications for a Balanced Budget Amendment

Article V, CONSTITUTION, Constitution Uncategorized | February 10, 2013

by Rob Natelson The following states have applications outstanding for a federal convention to propose a balanced budget amendment: Alabama,

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New Flyer Explains How the States Can Use the Constitutional Amendment Process to Curb the Feds (Article V)

Article V, CONSTITUTION, Constitution Uncategorized | February 10, 2013

by Rob Natelson The Founders built various checks and balances into the Constitution. One of the most important was the

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A Response to Professor Seidman

CONSTITUTION, Constitution Uncategorized | January 4, 2013

Should we acknowledge that the U.S. Constitution is filled with “archaic, idiosyncratic and downright evil provisions,” and “extricat[e] ourselves from

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Did the Founders’ Constitution Permit Federal Tort Reform?

CONSTITUTION, Constitution Uncategorized | November 23, 2012

NOTE: The photo shows the author at the sundial in James Madison’s garden at Montpelier, VA. On behalf of the

Did the Founders’ Constitution Permit Federal Tort Reform? Read More »

New II Issue Paper Rebuts Myth that Citizen Review of Laws and Taxes Violates the Republican Form

Colorado Constitution, CONSTITUTION, Constitution Uncategorized, TABOR | October 26, 2012

If you are exposed to enough politics, sooner or later you’ll hear the old saw that the U.S. is “a

New II Issue Paper Rebuts Myth that Citizen Review of Laws and Taxes Violates the Republican Form Read More »

Federal “Campaign Finance” Laws are Mostly Unconstitutional

CONSTITUTION, Constitution Uncategorized | October 14, 2012

In a recent posting, I wrote: [I]t is dubious whether the Constitution even gives Congress power to regulate the source

Federal “Campaign Finance” Laws are Mostly Unconstitutional Read More »

The Supreme Court’s Citizens United Corporate Campaign case Should Be Controversial—But Not for the Reason You Think

CONSTITUTION, Constitution Uncategorized, Supreme Court | September 30, 2012

If you have any doubt about the ability of the political Left to set the agenda in this country, look

The Supreme Court’s Citizens United Corporate Campaign case Should Be Controversial—But Not for the Reason You Think Read More »

Constitutional Arcana: The Forgotten Navigation Convention of 1786

Article V, CONSTITUTION, Constitution Uncategorized | August 19, 2012

In an earlier post, I reported that the Constitutional Convention of 1787 was far from unique: that during the lifetime

Constitutional Arcana: The Forgotten Navigation Convention of 1786 Read More »

Obamacare Decision Suggests U.S. Malpractice Bill Unconstitutional

CONSTITUTION, Constitution Uncategorized, ObamaCare, Supreme Court | July 27, 2012

Little-noticed amid the commentary on the Supreme Court’s health care decision is the decision’s blow to congressional efforts to federalize

Obamacare Decision Suggests U.S. Malpractice Bill Unconstitutional Read More »

A Colonial Pamphlet Helps Show Why the Constitution’s Necessary and Proper Clause Granted No Power

CONSTITUTION, Constitution Uncategorized | July 11, 2012

Learn more: Hear a podcast on this subject. As I have noted before (for example, here and here) pamphlets written

A Colonial Pamphlet Helps Show Why the Constitution’s Necessary and Proper Clause Granted No Power Read More »

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