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What the 1777 Georgia Constitution Tells Us About the Article V Convention Process

Article V, CONSTITUTION | June 17, 2016

When interpreting a legal document, you often can get clues from looking at any predecessors to the document. For example, […]

What the 1777 Georgia Constitution Tells Us About the Article V Convention Process Read More »

Cruz Withdrawal Postpones “Natural Born” Issue

Article V, CONSTITUTION, Uncategorized | May 15, 2016

This article first appeared in the Forth Worth Star Telegram. A silver lining to the withdrawal of Sen. Ted Cruz,

Cruz Withdrawal Postpones “Natural Born” Issue Read More »

Newly-Published Ratification Documents Confirm Our Conclusions on the Amendment Process

Article V, CONSTITUTION | May 9, 2016

The Wisconsin Historical Society publishes successive volumes of the Documentary History of the Constitution of the United States. As its

Newly-Published Ratification Documents Confirm Our Conclusions on the Amendment Process Read More »

Is the “Compact for America” Plan to Amend the Constitution Constitutional? Unfortunately not.

Article V, CONSTITUTION, Uncategorized | April 3, 2016

II’s Article V Information Center has just issued a law report concluding that the “Compact for America” approach to amending the Constitution is, unfortunately, almost wholly unconstitutional.

Is the “Compact for America” Plan to Amend the Constitution Constitutional? Unfortunately not. Read More »

New Article on What “Taxes” Are (And Aren’t) Under the Constitution, and the Implications for Obamacare

CONSTITUTION, Supreme Court | March 27, 2016

Was the Supreme Court right to call Obamacare’s insurance penalty a “tax?”

New Article on What “Taxes” Are (And Aren’t) Under the Constitution, and the Implications for Obamacare Read More »

What is an Amendments Convention “Application?” What is a “Call?”

Article V, CONSTITUTION, Uncategorized | February 25, 2016

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.”

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

Antonin Scalia, RIP

CONSTITUTION, Supreme Court, Uncategorized | February 13, 2016

  Justice Antonin Scalia was one of the most eloquent opinion writers in the history of the United States Supreme

Antonin Scalia, RIP Read More »

What Does the Constitution Say About Federal Land Ownership?

CONSTITUTION, Supreme Court, Uncategorized | February 6, 2016

The “Bundy stand-off” in Oregon at a federal wildlife refuge has triggered (or, rather, re-triggered) questions about the constitutionality of

What Does the Constitution Say About Federal Land Ownership? Read More »

English Law and the Constitution

CONSTITUTION, Uncategorized | January 21, 2016

Credits: This article arose out of conversations with constitutional commentator Gary Porter. After I wrote my article on the meaning

English Law and the Constitution Read More »

The Impending Convention for Proposing Amendments — Part V

CONSTITUTION, Supreme Court, Uncategorized | January 3, 2016

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

The Impending Convention for Proposing Amendments — Part V Read More »

The Impending Convention for Proposing Amendments — Part IV

Article V, CONSTITUTION, Supreme Court | December 31, 2015

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

The Impending Convention for Proposing Amendments — Part IV Read More »

The Impending "Convention for Proposing Amendments" — Part II

Article V, CONSTITUTION, Uncategorized | December 18, 2015

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 »

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