May state legislative applications limit an Article V convention? Subject, yes; specific language, probably not
- September 12, 2013
The convention of states process is well-honed, safe, and effective. Americans need to consider carefully whether the Constitution should be amended. But they should not allow disinformation to influence their choice.
READ MOREThe authors affiliated with the Compact for America (CFA) would have us believe that states may use their ordinary law-making power to reduce the Constitution’s extended five-step amendment procedure to two steps, and that the courts will meekly acquiesce. Common sense tells us that the courts are unlikely to do so. The conclusion of common
READ MOREThis posting was updated on Jan. 18, 2023. In June, 2016 the Assembly of State Legislatures (ASL), a planning group of state lawmakers (now apparently defunct), issued suggested rules for an Article V Convention for Proposing Amendments. The rules were a commendable effort. But they also fell short in a number of ways, partly because
READ MOREThis semi-tongue-in-cheek article was first published at the American Spectator. Dissatisfaction with the presidential nominees of both major parties is at record levels, and Donald Trump and Hillary Clinton continue to make embarrassing missteps. By the time the Electoral College meets to choose the president on December 19, the dissatisfaction may be overwhelming. Both Republicans
READ MOREIn prior posts, I’ve discussed two key elements of constitutional law: 1. The Constitution grants some powers to persons and entities other than the federal government. These persons and entities include state legislatures, state governors, state conventions, the Article V “Convention for proposing Amendments,” Congress as a free-standing assembly, and the Electoral College. 2. When
READ MORENote: This is the last in a series of six articles that originally appeared in the Washington Post’s “Volokh Conspiracy,” a leading constitutional law website. Parts I – V appear below this post. How the Procedures for a Modern Amendments Convention May Unfold Parts I to V of this series discussed the background and nature
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