A spash of cold water: Kavanaugh probably won’t change much, but there are other options
This article first appeared in Townhall.com. When Senator Susan Collins made her now-famous speech stating she would vote to approve the nomination of Brett Kavanaugh to the Supreme Court, a keystone of her argument amounted to, “He won’t change much.” She noted Judge Kavanaugh’s dedication to case precedent. She also noted that while the national […]
Are recent “rescissions” of Article V applications valid?
“The preambles of seven of the nine rescissions show they were based on material mistakes of law and fact.
Missouri court gets it right on constitutional amendment law
“The courts have a long record of applying constitutional amendment law accurately and fairly.”
New Study: only one state away from a convention to propose a balanced budget amendment
The Constitution says that “on the Application of the Legislatures of two thirds of the several States, [Congress] shall call a Convention for proposing Amendments.” However, there has been relatively little credible research into what “the Application of . . . two thirds” means. Most scholars who have investigated the issue agree that applications must […]
Unconstitutional? Extra-Constitutional? What’s the difference?
An extra-constitutional action may be legal or illegal.
How the False Stories Against An Amendments Convention Got Started
Opponents then — like their successors today — claimed they were protecting the Constitution. But what they actually were (and are) doing is protecting judges and politicians who abuse their positions by changing constitutional rules without following the normal democratic process.
Responding to Fears of an Amendments Convention
Of course, the political establishment doesn’t want you to exercise this constitutional right. So they use the same tactics vote-suppressors use: disinformation and fear.
Correcting Hillary Clinton’s Misconceptions About Those Favoring An Amendments Convention
None of the amendment campaigns . . . favors the open-ended convention needed for radical change. All of their model legislative applications severely limit the convention’s scope.
Where the Constitution’s Word “Convention” Came From
Fortunately, by the time the Constitution was written, this verbal confusion had been pretty much been sorted out.
Activists Can Spend Their Time Better Than Trying to Resurrect the Zombie “Equal Rights Amendment”
[I]t became clear the ERA was a poorly-drafted measure that would do little for women’s rights. It would have transferred massive amounts of power away from local governments and elected representatives, handing it instead to lawyers, judges, and bureaucrats.
How a ‘convention of states’ could tweak the Constitution
Representatives of state legislatures from across the nation will converge in Phoenix, Arizona on Sept. 12 to participate in a traditional American institution called a “convention of states.” Conventions of states are valuable. They help ensure Washington, DC doesn’t dictate all decisions on every subject. The purpose of the meeting in Phoenix is to plan […]
Drafting a Balanced Budget Amendment: It’s tougher than you might think
Of course, it is one thing to criticize, but another to try to craft something better.
