Amendment Law in Context
Author’s Note: Amendment law is part of a wider category known as the law of “federal functions.” One reason there […]
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On “Federal Functions,” the 2020 election, the Necessary and Proper Clause & con law courses
It is perverse to spend so much [constitutional law] class time on areas of recurrently-shifting jurisprudence, while neglecting constitutional principles that are just as central and far more enduring.
Understanding the Constitution: Can the 25th amendment be used to remove Biden?
The 25th amendment is seriously ambiguous. It creates uncertainties that discourage using its procedure.
Understanding the Constitution: Can the 25th amendment be used to remove Biden? Read More »
New article relevant to the 2020 election, amendments, & much more!
The Constitution’s “federal functions” are almost totally overlooked in law school courses. Yet they are hugely important.
New article relevant to the 2020 election, amendments, & much more! Read More »
New article shows how amendments conventions and other “federal functions” are regulated
“[A]nother mistake is that because an amendments convention executes a federal function, Congress can control it. But . . . the rules and protocols for carrying out federal functions come from the Constitution, not from Congress.”
New article shows how amendments conventions and other “federal functions” are regulated Read More »
Two new briefs in the Supreme Court’s Electoral College case
[The integrity of presidential electors] has taken on great urgency as “progressive” state legislatures increasingly meddle with free elections.
Two new briefs in the Supreme Court’s Electoral College case Read More »
Update on Article V and the Necessary and Proper Clause
Some people have asked for further clarification on why the Constitution’s Necessary and Proper Clause does not grant Congress power
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No, the Necessary and Proper Clause Does NOT Empower Congress to Control an Amendments Convention
A few days ago I heard a presentation by a spokesman for a group that claims to defend the Constitution