May state legislative applications limit an Article V convention? Subject, yes; specific language, probably not
- September 12, 2013
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What is an Amendments Convention “Application?” What is a “Call?”0
- 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.”
READ MOREAntonin Scalia, RIP0
- February 13, 2016
Justice Antonin Scalia was one of the most eloquent opinion writers in the history of the United States Supreme Court–perhaps the greatest of all. His dissents may have been the most powerful ever written. Justice Scalia was more than an outstanding lawyer: He was an perceptive social commentator. In tribute, I reproduce below his
READ MOREWhat Does the Constitution Say About Federal Land Ownership?0
- 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 federal land ownership. Westerners in particular question why the federal government should own nearly 30% of the country. In the West, the issue is particularly important. The federal government has title to about half the
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English Law and the Constitution0
- January 21, 2016
Credits: This article arose out of conversations with constitutional commentator Gary Porter. After I wrote my article on the meaning of the constitutional term “natural born,” some people asked me why the English version of that term applied rather than versions prevailing in other countries. The reason is that when the drafters of the original
READ MOREClaims that Senator Cruz is not “Natural Born” Need to be Taken Seriously0
- January 12, 2016
Note: A shorter version of this article originally appeared at The Originalism Blog at the University of San Diego. Some commentators are dismissing as merely frivolous the claim that Senator Ted Cruz is not a “natural born citizen” as the Constitution uses that term, and therefore ineligible for the presidency. This dismissive attitude is a
READ MOREThe Impending Convention for Proposing Amendments — Part VI0
- January 9, 2016
Note: This is the last in a series of six articles that originally appeared in the Washington Post’s “Volokh Conspiracy,” a leading constitutional law website. Parts I – V appear below this post. How the Procedures for a Modern Amendments Convention May Unfold Parts I to V of this series discussed the background and nature
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