May state legislative applications limit an Article V convention? Subject, yes; specific language, probably not
- September 12, 2013
Article V Convention
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State Lawmakers! Don’t Put Extraneous Matter in Your Article V Application0
- January 20, 2017
by Robert G. Natelson State lawmakers sponsoring an Article V convention application often find that other lawmakers want to add extraneous matter to the application. This may include conditions beyond the mere subject-matter, instructions to commissioners, specific amendment language, convention rules, and pronouncements of various kinds. Don’t agree! Adding such material is both unprofessional and
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Constitutional Convention: John Jay Letter Shows Its Power Came from State Legislatures, not Congress0
- January 14, 2017
A persistent constitutional myth has it that (1) Congress called the Constitutional Convention under the Articles of Confederation, (2) the convention drew its power from Congress, and (3) the convention exceeded its power when it recommended a new Constitution rather than merely propose amendments to the Articles. As readers of this website know, however, the
READ MOREThis Resolution Suggests Congress Did Agree to a Broad Constitutional Convention0
- October 27, 2016
On April 23, 1787, the Confederation Congress extended the post office franking privilege to all commissioners about to attend the Constitutional Convention. In other words, Congress gave to convention delegates the same privilege to send and receive free mail its own members enjoyed. Why is that important? Because it tends to show that Congress accepted
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Changed Conditions May Justify Term Limits0
- October 18, 2016
This is the full version of an op-ed first appearing in the Detroit Daily News. Advocates for term limits want to amend the Constitution to add them. Their most common argument is that restricting how long an elected official may serve will curb special interest influence and other federal abuse. The Articles of Confederation, the document
READ MOREWhat should you remember when drafting a constitutional amendment?0
- October 16, 2016
Last month, Citizens for Self Governance sponsored a simulated convention for proposing amendments in Williamsburg, Virginia. I was an adviser for the project, and just before the initial meeting I spoke to the assembled commissioners. My purpose was to provide them with some last-minute tips on drafting proposed constitutional amendments. Several people have asked me
READ MOREWhat Connecticut’s Authorizing Documents Tell Us About the Constitutional Convention—and About Modern Misinterpretations0
- October 10, 2016
On May 11, 1787, the Samuel Huntington, the governor of Connecticut, addressed his state legislature about the pending Constitutional Convention. Shortly thereafter the legislature adopted a law governing Connecticut’s participation in the gathering—the eleventh state to do so. (Only Maryland acted later.) The governor’s remarks, and the ensuing legislative resolution, illustrate the following: * The
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