Update on Article V and the Necessary and Proper Clause
Some people have asked for further clarification on why the Constitution’s Necessary and Proper Clause does not grant Congress power to use its convention call to regulate a Convention for Proposing Amendments. This is a technical area and can be difficult to grasp (or explain, for that matter). You have to understand the nature of […]
New II Backgrounder Explains the “Convention of States” Constitutional Amendment Process
A new II Backgrounder contains a brief and clear explanation of how the people, through their state legislatures, can address federal dysfunction while bypassing Congress. The Backgrounder is the first publication of II’s new “Article V Information Center.” You can read it here.
Principles for Drafting A Balanced Budget Amendment
This article originally appeared at The American Thinker. The Article V Handbook, which I authored for the American Legislative Exchange Council, emphasizes that citizens pressing for constitutional amendments should avoid fringe or unpopular proposals. The Handbook distills four guiding principles for selecting amendments worthy of support: (1) An amendment should move America back toward Founding […]
More Evidence An Article V Convention is a “Convention of the States”
Earlier this year, I documented one of the reasons we know an Article V convention is a “convention of the states” rather than a mass popular gathering: Founding Era documents tell us so. I listed several such documents. (Subsequent to the Founding, in the case of Smith v. Union Bank, the Supreme Court also referred […]
The Washington Post Picks Up the Flag from the Convention Alarmists
The past week saw yet another assault on those reformers who seek to cure federal dysfunction by promoting a “Convention for proposing Amendments.” The latest attack took the form of an opinion column that in content offered nothing new. It featured many of the usual errors of commission and omission: The author confused a “Convention […]
The Famous Case of Coleman v. Miller—and, No, It Doesn't Give Congress Total Control Over the Amendment Process
Not long ago, I was listening to a radio talk show and was assured by a caller that the Supreme Court, in the case of Coleman v. Miller, had delegated all important decisions over the amendment process to Congress. In other words, the caller said, Congress can make all decisions on every amendment issue: how […]
No, the Necessary and Proper Clause Does NOT Empower Congress to Control an Amendments Convention
A few days ago I heard a presentation by a spokesman for a group that claims to defend the Constitution and revere the Founders. Yet the spokesman trashed the Constitution’s framers for allegedly exceeding their authority and claimed they added a provision that largely rendered another provision useless. In other words, the spokesman charged the […]
Failure to Call Amendments Conventions Helps Explain Modern Federal Overreaching
This Article is a modified version of one appearing in the American Thinker. If President after President failed to veto bills, would it surprise you if congressional power grew at the expense of the presidency? If the Senate never blocked the President’s appointments, would it surprise you if presidential power expanded at the expense of […]
How Much Authority Does Congress Have Under the Treaty Power? The Question the Supreme Court Dodged in Bond v. U.S.
In its recent decision in Bond v. United States, the Supreme Court avoided deciding whether Congress, in executing a treaty, could exceed the enumerated powers to which the Constitution otherwise restricts it. For example, if a treaty requires a signatories to make it a crime to use a particular chemical, may Congress pass a law […]
Momentum for an Amendments Convention Accelerates Even More
Well over a hundred state lawmakers from 33 states met this past week to plan for an Article V “Convention for Proposing Amendments.” Most attendees had been appointed officially as delegates by the leaders of their respective state legislatures. The highly successful meeting dealt with such issues as convention rules and procedures, how to involve […]
Momentum for Amendments Convention Accelerates
It increasingly looks like a “convention for proposing amendments” is really going to happen. The last 18 months have witnessed a flood of new state legislative applications for such a convention. New Hampshire re-booted the process in 2012 with an application for a convention limited to considering a balanced budget amendment. Late last year, the […]
A Legal Treatise on the Law of Amendment Conventions—For Free!
A spate of new applications from state legislatures for a “convention for proposing amendments” make it more likely that we will have an amendments convention in the near future. In order to get ready for this historic event, lawyers, legislators, and others involved in the process need a reliable guide to the law governing amendment […]
