New Flyer Explains How the States Can Use the Constitutional Amendment Process to Curb the Feds (Article V)
by Rob Natelson The Founders built various checks and balances into the Constitution. One of the most important was the power of state legislatures to propose constitutional amendments to curb an abusive federal government. The Founders placed the procedure in the Constitution’s Article V. The Founders would be astonished—and chagrined—to learn the process has never […]
Constitutional Arcana: The Forgotten Navigation Convention of 1786
In an earlier post, I reported that the Constitutional Convention of 1787 was far from unique: that during the lifetime of Benjamin Franklin (1706-1790) nearly 20 inter-colonial and interstate conventions met. Some were attended by as few as three colonies or states; others by as many as 12. These multi-governmental conventions were held in Philadelphia […]
New “how to” paper on proposing constitutional amendments by convention
The Independence Institute has published my new Issue Paper, Amending the Constitution by Convention: Practical Guidance for Citizens and Policymakers. It explains the basic rules and makes recommendations for those seeking constitutional reform in a way that avoids congressional obstruction. This work is an updated version of my earlier version, published last year by Arizona’s […]
New History of Founding Era Conventions
Very few people know that the Constitutional Convention of 1787 only the last of nearly 20 other conventions in which American colonies, and later states, met to deliberate on specified problems. In these gatherings, states met as semi-sovereigns; these were essentially diplomatic meetings. The rule for decision was “one state, one vote.” Those conventions were […]
Why an Amendments Convention is not a “Constitutional Convention”
Sometimes a convention for proposing amendments to the U.S. Constitution is referred to as a “constitutional convention.” That title is both wrong and fatally misleading. The correct name—given by the Constitution itself—is convention for proposing amendments. Other accurate names are amendments convention, Article V convention, or convention of the states. In the Founding Era and […]
The Little-Known—but Seminal—York Town Convention of 1777
The U.S. Constitution authorizes a “convention for proposing amendments” to offer amendments for ratification (or rejection) by the states. The mechanism has never been used (all amendments have come from Congress), and many people have been curious about how it is supposed to work. But that’s because they are unaware of the long series of […]
The Fascinating Story of How the States Used the Constitution’s Amendment Procedure to Adopt Reform, 1789-1913
Common sense tells us that an out-of-control Congress is not going to rein in its own power. The American Founders predicted this might become the case, so they provided a way by which the state legislatures could propose and ratify corrective constitutional amendments without Congress being able to stop them. This is the “state-application-and-convention” procedure […]
Confused About an Article V Amendments Convention? New Article Provides Answers
As I predicted in this column, Congress’s continued inability to deal effectively with the debt crisis is AGAIN provoking interest in bypassing Congress with one or more corrective constitutional amendments. We could do this if the state legislatures use their constitutional power to bring about what the Constitution calls a “convention for proposing amendments.” I’m […]
Reining in Congress: An Enforceable Balanced Budget Amendment
There is growing sentiment that one or more constitutional amendments may be necessary to rein in the runaway Congress. The principal mechanism the Founders built into the Constitution for such contingencies is the procedure in Article V by which two thirds of the state legislatures force what the Constitution calls a “Convention for proposing Amendments.” […]
Corrective Constitutional Amendments?
“A state without the means of some change is without the means of its conservation. Without such means it might even risque the loss of that part of the constitution which it wished most religiously to preserve.” – Edmund Burke, Reflections on the Revolution in France (1790), in 2 Select Works of Edmund Burke 108 […]
New paper summarizes rules for amending the Constitution
Our sister institution, The Goldwater Institute in Phoenix, Arizona has just published my paper, Amending the Constitution by Convention: Practical Guidance for Citizens and Policymakers. Using my prior research and new findings, it summarizes the rules you should use in drafting Article V applications, answering objections, heading off congressional interference, and so forth. As I’ve […]
Amendments Convention: Answering Those Not-So-Tough Questions
Are you a state lawmaker or reform advocate challenged to answer “tough questions” about a Convention for Proposing Amendments? If so, here are some answers. Recently I traveled to Indianapolis to testify before the Indiana legislature. While there, I learned that opponents of an amendments convention are circulating questions about a convention, apparently designed to […]
