Constitution

Mismanaged pension funds are imperiling state budgets 0
- April 4, 2017
As the looming public pension storm gathers strength, debate is expanding past technical matters and into the governance structures of taxpayer-funded pension plans. The problems that beset our public pensions are not the result of random chance, evil spirits, or swamp gas. They are the result of conscious decisions made by human beings.
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The Relationship Between the Declaration of Independence and the Constitution 0
- March 21, 2017
I’m sometimes asked about the relationship between the Declaration of Independence and the Constitution. Their connection is not difficult to understand. The Declaration is a statement based on natural law. Natural law consists of fundamental principles of justice and right. Monotheists see natural law as deriving from the Creator. Polytheists see it as deriving from
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A New Look at the Founders Through the Postal Clause 0
- February 21, 2017
The Constitution’s Postal Clause grants Congress power to “establish Post Offices and Post Roads.” There is a fascinating history behind that provision, which I explore in a new article linked here. Some of the highlights: * Although the Founders generally favored free enterprise over state-owned business, they made an exception for postal services. * As
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The 1889 St. Louis Convention of States 0
- February 11, 2017
A frequent argument against a convention for proposing constitutional amendments is that there are “no precedents” for determining the rules and procedures for such a gathering, other than the Constitutional Convention of 1787. Although opponents persist in this claim, it has long been debunked: The Constitutional Convention was far from the only meeting of its
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State Lawmakers! Don’t Put Extraneous Matter in Your Article V Application 0
- 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 Congress 0
- 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
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