So What is This “Amendments Convention” Thing? A Quick Intro
Are you a journalist or other citizen who needs a quick overview of the Constitution’s Article V “Convention for Proposing Amendments?” Get our issue paper, “Curing Federal Dysfunction by Constitutional Amendment: A Primer.” It’s a vital resource for anyone who wants a quick and accurate overview of the process. It explains what a Convention for […]
VA Scandals—Only the Latest Example of the Failure of Socialism
To know more about socialized medicine—and our future under Obamacare—check out the Department of Veterans’ Affairs health care scandals. The scandals encompass service failure, egregious cost overruns and delays, and basic failures (such as blood test mixups) that would be comical if not so dangerous. The VA hospital situation in Denver is a case in […]
The Principles of the Common Law
Although the Constitution is not, strictly speaking, a common law document, it was written against the backdrop of common law. The term “common law” has various meanings, but the meaning I’m using here is the system of case law we inherited from England, including the bodies of jurisprudence known as admiralty and equity. That system […]
How Liberal Propagandists Fooled Conservatives into Opposing an Amendments Convention
This article originally appeared at CNS News. Some conservative groups have become known for uncompromising opposition to the Constitution’s convention method of proposing constitutional amendments. They may think they are protecting the republic. But it turns out that they are mostly carrying water for the liberal establishment. New research shows that nearly all the arguments […]
Where Chief Justice Burger Likely Got His Anti-Amendment Convention Views
This article originally appeared in the American Thinker. Opponents of the Constitution’s Article V convention method of proposing amendments tout three letters written in the 1980s by former Chief Justice Warren Burger. In those letters, Burger took a very hard line against any convention of states that might bypass Congress and propose corrective constitutional amendments. […]
Why the Senators’ Letter to Iran Was Both Appropriate and Legally Necessary
This article first appeared at the American Thinker website. Suppose you are in a general partnership with Smith. Smith handles day-to-day management, subject to your approval. But recently, he’s been acting somewhat high-handedly. Without consulting you, Smith is busy negotiating a contract with Macropus International Corp., a company notorious for unscrupulous practices. Smith has made […]
King v. Burwell: The Latest Obamacare Mess at the Supreme Court
When I first heard about King v. Burwell, the latest Obamacare controversy before the U.S. Supreme Court, I assumed it was the kind of case in which the legislative intent was clear, but for one reason or another the wording of the statute did not match the legislative intent. That would have been an interesting […]
New Book About How Deborah—Judge and Biblical Heroine—Freed Israel From Terrorism!
Betty Natelson, my wife, has just published a new book—for readers 9 years and up—about the biblical heroine Deborah. Deborah was the Hebrew judge who, along with her military commander Barak, liberated Israel from Canaanite terrorism—a topic that seems particularly appropriate today. The book is entitled Battlesong: The Biblical Story of Deborah. Battlesong generally follows […]
Mike Stern Rebuts Claim that "Congress Would Control an Amendments Convention"
Article V scholar and former House of Representatives legal counsel Mike Stern has just written a response to the irresponsible claim that Congress could control a Convention for Proposing Amendments, either by specifying how commissioners are allocated or in other ways. His response is worth wide publicity. Here it is: RESPONSE TO FEBRUARY 24, 2015 […]
New Study Shows Campaign Disclosure Rules Violate First Amendment
This article was first published at the American Thinker website. Many commentators and politicians have attacked the Supreme Court’s 2010 case of Citizens United v. Federal Election Commission for holding that citizens do not surrender their First Amendment rights when they organize under state corporation law. The Vermont state legislature has even adopted an application […]
Chief Justice John Marshall: Not the Big Government Guy You Might Think
Chief Justice John Marshall (in office 1801-1835) is often identified with an expansive “big government” interpretation of the Constitution. Fans of big government cite him as an ally; opponents as an enemy. This view of Marshall is a caricature. It is true that Marshall was a Federalist—he occupied a place on the political spectrum of […]
Trying to Abolish the Convention’s One-State/One-Vote Rule Not Only Would Be Unconstitutional—It Wouldn’t Be Worth Trying
One of the far-fetched arguments used to persuade conservatives to oppose an amendments convention is that if 34 states apply, a left-wing Congress might try to dictate that commissioners (delegates) be allocated by population rather than by one state/one vote. For reasons explained in earlier posts, such a move would be unconstitutional: A “convention for […]
