A Response to the “Runaway Scenario”
NOTE: This is an updated version of an essay first published in 2013. For a comprehensive treatment of amendment law, see The Law of Article V: State Initiation of Constitutional Amendments and postings at the Article V Information Center website. Many lawmakers and activists, and most of the public, now favor a constitutional amendment to […]
Count of Legislative Applications for a Balanced Budget Amendment
by Rob Natelson The following states have applications outstanding for a federal convention to propose a balanced budget amendment: Alabama, Alaska, Arkansas, Colorado, Delaware, Florida, Indiana, Iowa, Kansas, Maryland, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, Pennsylvania, and Texas. That’s 19 of the 34 states required. In addition, Illinois has an 1861 […]
New Flyer Explains How the States Can Use the Constitutional Amendment Process to Curb the Feds (Article V)
by Rob Natelson The Founders built various checks and balances into the Constitution. One of the most important was the power of state legislatures to propose constitutional amendments to curb an abusive federal government. The Founders placed the procedure in the Constitution’s Article V. The Founders would be astonished—and chagrined—to learn the process has never […]
A Response to Professor Seidman
Should we acknowledge that the U.S. Constitution is filled with “archaic, idiosyncratic and downright evil provisions,” and “extricat[e] ourselves from constitutional bondage” by cashiering the document? “As the nation teeters at the edge of fiscal chaos, observers are reaching the conclusion that the American system of government is broken,” argues Louis Michael Seidman, tasked with […]
Did the Founders’ Constitution Permit Federal Tort Reform?
NOTE: The photo shows the author at the sundial in James Madison’s garden at Montpelier, VA. On behalf of the national Chamber of Commerce, super-lawyer Paul Clement has authored a new paper arguing that federal tort reform is constitutional. The paper begins with a section purporting to show that the Framers’ Commerce Clause was broad […]
New II Issue Paper Rebuts Myth that Citizen Review of Laws and Taxes Violates the Republican Form
If you are exposed to enough politics, sooner or later you’ll hear the old saw that the U.S. is “a republic and not a democracy.” Along with that saying goes the following claim: Allowing voter initiatives and referenda is unconstitutional: If a state lets voters enact laws or veto tax hikes, the state is too […]
Federal “Campaign Finance” Laws are Mostly Unconstitutional
In a recent posting, I wrote: [I]t is dubious whether the Constitution even gives Congress power to regulate the source and amount of campaign contributions and expenditures. The background and meaning of the Constitution’s “Time, Places and Manner Clause”—which Congress uses to justify such laws—strongly suggests not. The Time, Places and Manner Clause is Article […]
The Supreme Court’s Citizens United Corporate Campaign case Should Be Controversial—But Not for the Reason You Think
If you have any doubt about the ability of the political Left to set the agenda in this country, look at the controversy over the Supreme Court’s 2010 Citizens United corporate campaign finance case. What most people have heard about the case is that it “allowed corporations to spend unlimited amounts in federal elections,” a […]
Constitutional Arcana: The Forgotten Navigation Convention of 1786
In an earlier post, I reported that the Constitutional Convention of 1787 was far from unique: that during the lifetime of Benjamin Franklin (1706-1790) nearly 20 inter-colonial and interstate conventions met. Some were attended by as few as three colonies or states; others by as many as 12. These multi-governmental conventions were held in Philadelphia […]
Obamacare Decision Suggests U.S. Malpractice Bill Unconstitutional
Little-noticed amid the commentary on the Supreme Court’s health care decision is the decision’s blow to congressional efforts to federalize medical malpractice law—a potential element of the Republican plan to “replace Obamacare.” Medical malpractice cases, like most areas of civil justice, traditionally are judged by state courts under state law rather than by the national […]
A Colonial Pamphlet Helps Show Why the Constitution’s Necessary and Proper Clause Granted No Power
Learn more: Hear a podcast on this subject. As I have noted before (for example, here and here) pamphlets written in support of the colonial cause during the years 1763-1774 help us greatly in understanding the language of the Constitution. Unfortunately, most constitutional writers regularly overlook those pamphlets—one reason mistakes of constitutional interpretation are so […]
New “how to” paper on proposing constitutional amendments by convention
The Independence Institute has published my new Issue Paper, Amending the Constitution by Convention: Practical Guidance for Citizens and Policymakers. It explains the basic rules and makes recommendations for those seeking constitutional reform in a way that avoids congressional obstruction. This work is an updated version of my earlier version, published last year by Arizona’s […]
