CONSTITUTION - Uncategorized - Independence Institute

The Silver Lining in the Mistakes at the Assembly of State Legislatures 0
- November 17, 2015
Note: This article was first published in the American Thinker. The Assembly of State Legislatures (ASL) has adjourned from its latest meeting, still without having produced a set of rules for an Article V amendments convention. I have been an enthusiastic supporter of ASL. I have to acknowledge, however, that missteps have impeded its progress.
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The Materials You Need for Researching the Original Constitution 0
- November 12, 2015
Note: This article originally appeared at The American Thinker. When lawyers and judges interpret legal documents, they usually try to ascertain the understanding of the parties to the document—or, more precisely, something they call the “intent” behind the document. The Founding Era phrase was “intent of the makers.” The “intent of the makers” is what
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A Woman as President? The Gender-Neutral Constitution.0
- November 2, 2015
Note: This article was originally published at the leading constitutional law website, The Volokh Conspiracy, which is affiliated with the Washington Post. Consider these two quotations: “Indeed, the argument is made that under originalism it would be unconstitutional to elect a woman as president or vice president because the Constitution refers to these officeholders as
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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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Trying to Alter the Traditional Amendments Convention Voting Rule Is a Mistake 0
- October 27, 2015
Note: This article first appeared in The American Thinker. Advocates of a federal balanced budget amendment are closing in on the 34 states necessary to require Congress to call a convention for proposing amendments. Other groups, such as the Convention of States project, are working assiduously toward the same goal. If they succeed, it will
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