New Article on What “Taxes” Are (And Aren’t) Under the Constitution, and the Implications for Obamacare
Was the Supreme Court right to call Obamacare’s insurance penalty a “tax?”
What is an Amendments Convention “Application?” What is a “Call?”
Article V of the Constitution states that “The Congress . . . on Applications of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments.”
Latest Update on Applications for a Convention for Proposing Amendments
Georgia Lawyer and Article V expert Dave Guldenschuh has just issued his latest update on Article V amendment activity around the country. You can retrieve it here.
More On Why Amendment Procedures Are Not Governed by the States’ Tenth Amendment Powers
A few groups pushing constitutional amendments are trying to convince state legislatures to adopt laws and interstate compacts that rely on state authority reserved by the Tenth Amendment. This is a serious mistake—one that likely will lead to defeat in the courts. In a recent article, I pointed out that the courts have held repeatedly […]
The Impending Convention for Proposing Amendments — Part VI
Note: 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 […]
The Impending Convention for Proposing Amendments — Part V
Note: This series of six articles originally appeared in the Washington Post’s “Volokh Conspiracy,” a leading constitutional law website. Parts I II, III, and IV appear below this post, and Part VI will be posted in the near future. How the Convention for Proposing Amendments Became the Subject of Popular Mythology Throughout the century and […]
The Impending Convention for Proposing Amendments — Part IV
Note: This series of six articles originally appeared in the Washington Post’s “Volokh Conspiracy,” a leading constitutional law website. Parts I, II, and III appear below this post, and Parts V and VI will be posted in the near future. How the judiciary’s decisions shed light on the federal amendments convention Although there has not […]
The Impending “Convention for Proposing Amendments” — Part III
Note: This series of six articles originally appeared in the Washington Post’s “Volokh Conspiracy,” a leading constitutional law website. Parts I and II appear below this post, and Parts IV-VI will be posted in the near future. How the States Have Used Article V and How They Have Continued to Meet in Convention During the […]
The Impending "Convention for Proposing Amendments" — Part III
Note: This series of six articles originally appeared in the Washington Post’s “Volokh Conspiracy,” a leading constitutional law website. Parts I and II appear below this post, and Parts IV-VI will be posted in the near future. How the States Have Used Article V and How They Have Continued to Meet in Convention During the […]
The Impending “Convention for Proposing Amendments” — Part II
Note: This series of six articles originally appeared in the Washington Post’s “Volokh Conspiracy,” a leading constitutional law website. Part I appears below, and Parts III-VI will be posted in the coming weeks. How Article V was Drafted and Ratified The commissioners who met in Philadelphia to propose a plan to render the American political […]
The Impending "Convention for Proposing Amendments" — Part II
Note: This series of six articles originally appeared in the Washington Post’s “Volokh Conspiracy,” a leading constitutional law website. Part I appears below, and Parts III-VI will be posted in the coming weeks. How Article V was Drafted and Ratified The commissioners who met in Philadelphia to propose a plan to render the American […]
The Constitution’s Article V, Not the 10th Amendment, Gives State Legislatures Their Power in the Amendment Process
Note: An earlier version of this article appeared in The American Thinker. Some advocates of a convention for proposing amendments are endangering the Article V movement by claiming the states can use the Tenth Amendment to control the convention process. They are doing so even though the judiciary, including the U.S. Supreme Court, has held […]
