How Do We Know an Article V Amendments Convention is a “Convention of the States?” Because Both the Founders and the Supreme Court Said So
Article V of the Constitution authorizes a “Convention for proposing Amendments.” However, it does did not specify how the convention is to be composed. People unfamiliar with constitutional history sometimes claim the makeup of an amendments convention is either a complete mystery or subject to the determination of Congress. Nonsense. For one thing, the Supreme […]
The Lamp of Experience: Constitutional Amendments Work
(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 […]
The Santa Fe Convention: A 20th Century Convention of States
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 […]
A Summary of How States Push Back Against Washington
The Cato Institute has published a new paper by Professor John Dinan that summarizes all the credible ways in which the states can and do push back against Washington, D.C. The only omission to this excellent summary is the states’ amendment powers under the Constitution’s Article V. (Although the states have never forced Congress to […]
What About that Warren Burger Letter Against An Article V Convention?
Groups opposed to calling an Article V convention often cite an old letter written by the late Chief Justice Warren Burger opposing such a convention. It is strange that those groups should be quoting Berger, because they also purport to oppose the liberal activism—notably the abortion decision of Roe v. Wade—practiced by the Court when […]
Comparing an Article V Convention to a National Party Convention is Absurd
Some alarmists are comparing an Article V convention to the Republican and Democratic National Conventions. The argument is that an amendments convention can be manipulated or stampeded just as a national party convention can be. The comparison is absurd—so much so that it shows mostly a lack of knowledge of the Article V process. First, […]
Who Says History is Relevant to Article V? Well, the U.S. Supreme Court, For One!
In 1988, Oxford University Press published Russell Caplan’s book Constitutional Brinksmanship. It revealed some of the extensive history behind the Convention for Proposing Amendments in Article V of the Constitution. More recently, we have learned much more about that history. We now know that there were over 30 multi-colony and multi-state conventions before the Constitution […]
Madison and the Amendments Convention: A New Chapter in a Brand New Book
A new book, edited by Professor Neil H. Cogan, has just been issued in which well-known constitutional scholars from across the political spectrum explore issues of state interposition, nullification, and secession. I am among the contributors: I wrote the second chapter, which is entitled James Madison and the Constitution’s Convention for Proposing Amendments. The book […]
May state legislative applications limit an Article V convention? Subject, yes; specific language, probably not
Some constitutional scholars believe state applications for a convention for proposing amendments may limit the convention to voting “yes” or “no” on a specifically-worded amendment. A prescribed-wording application, they say, reduces the fear of a “runaway” convention and places the state legislatures in the equal position with Congress that Article V of the Constitution was […]
The Problems With Repealing the Direct Election of Senators/17th Amendment
Some political activists argue for repeal of the 17th amendment. In other words, they want to end popular elections of U.S. Senators and return to the original constitutional system of election by state legislatures. Repeal advocates argue that the pre-17th amendment system better preserved federalism than does direct election. Whatever the theoretical merits of their […]
The Constitutional Convention Did Not Exceed Its Power and the Constitution is not “Unconstitutional”
Judging by recent claims in the media such as this one, there is still a lot of life in the old tale (dating back to the Anti-Federalists) that the 1787 federal convention “ran away” and that the Constitution was unconstitutionally adopted. I’ve dealt with both claims in this column occasionally (see, e.g., here and here), […]
Count of Legislative Applications for a Balanced Budget Amendment
by Rob Natelson The following states have applications outstanding for a federal convention to propose a balanced budget amendment: Alabama, Alaska, Arkansas, Colorado, Delaware, Florida, Indiana, Iowa, Kansas, Maryland, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, Pennsylvania, and Texas. That’s 19 of the 34 states required. In addition, Illinois has an 1861 […]
