CONSTITUTION - Uncategorized - Independence Institute

The Lamp of Experience: Constitutional Amendments Work 0
- March 9, 2014
(This article originally appeared in the American Thinker.) Opponents of a Convention of States long argued that there was an unacceptable risk a convention might do too much. It now appears they were mistaken. So they increasingly argue that amendments cannot do enough. The “too much” contention was first promulgated in modern times by apologists
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A Modern Quasi-Convention of States 0
- March 1, 2014
Many opponents of an Article V convention seem to think that it would be a nearly unique event, for which the “only precedent” would be the 1787 constitutional convention. Some even go so far as to oppose non-Article V gatherings among the states. As regular readers know, the idea that a convention of states would
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Rob’s Harvard Article on “Recess Appointments” Is Published—and Goes to the Supreme Court 0
- February 8, 2014
Last May, I reported that litigation over President Obama’s “recess appointments” was going to the Supreme Court. In fact, oral argument was held a few weeks ago. The Harvard Journal of Law and Public Policy has just published my article on the original meaning of the Recess Appointments Clause. It reports that the Constitution uses
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Struggling With Nullification 0
- February 3, 2014
Does a state have the right to nullify federal statutes the state considers unconstitutional? This depends largely on how you define “nullification.” It also depends on what you mean by “right” and what kind of document you understand the Constitution to be. In other words, it depends on your premises. Unfortunately, people often discuss—and debate,
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Obaminable Nullification & Division Among Constitutionalists 0
- January 24, 2014
“Progressives” often attack as indefensible proposals by some conservatives that states nullify federal laws those states deem unconstitutional. But “progressive” politicians now are engaged in a nullification campaign far more audacious and lawless than anything suggested by conservatives. The latest example is the decision by Virginia’s new attorney general, Mark Herring, to join the attack
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The Santa Fe Convention: A 20th Century Convention of States 0
- January 17, 2014
For over 300 years, American states (and before Independence, American colonies) have cooperated with each other as equal sovereigns to address common problems. One device for doing so is the formal, diplomatic meeting of state delegations (called “committees”) consisting of delegates (called “commissioners”). Meetings of state commissioners may be bilateral—as when two states form a
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