CONSTITUTION - Supreme Court - Independence Institute

The Impending Convention for Proposing Amendments — Part IV 0
- December 31, 2015
Note: This series of six articles originally appeared in the Washington Post’s “Volokh Conspiracy,” a leading constitutional law website. Parts I, II, and III appear below this post, and Parts V and VI will be posted in the near future. How the judiciary’s decisions shed light on the federal amendments convention Although there has not
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The Constitution’s Article V, Not the 10th Amendment, Gives State Legislatures Their Power in the Amendment Process 0
- December 18, 2015
Note: An earlier version of this article appeared in The American Thinker. Some advocates of a convention for proposing amendments are endangering the Article V movement by claiming the states can use the Tenth Amendment to control the convention process. They are doing so even though the judiciary, including the U.S. Supreme Court, has held
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Answering Questions About the Voting Rules at a Convention for Proposing Amendments 0
- November 2, 2015
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
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The Constitution's Financial Terms 0
- October 28, 2015
Note: This was originally a four-part series published at the leading constitutional law website, “The Volokh Conspiracy,” which is affiliated with the Washington Post. This succession of four parts discusses such questions as why the Supreme Court was wrong to characterize the Obamacare insurance penalty as a “tax,” why the apportionment requirement was adopted and
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Some of the Colorado Supreme Court’s Mistakes in the Douglas County School Choice Case 0
- October 22, 2015
As people who follow education reform already know, the Colorado Supreme Court recently struck down the Douglas County school board’s school choice program. It did so based on Article IX, Section 7 of the state constitution. This is sometimes called Colorado’s “Blaine Amendment,” although that phrase is technically a misnomer. Actually, the Blaine Amendment was
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Still More Evidence That An Amendments Convention is a "Convention of States"0
- October 15, 2015
The term “convention of states” (or “convention of the states”) dates at least from the year 1780. By 1788 it was being applied specifically to a convention for proposing amendments under the new Constitution. Throughout the 19th century, the phrase “convention of states” was probably the most common way to denominate an Article V convention—even
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