An Objective Guide to Birthright Citizenship
An earlier version of this article appeared in The American Thinker. This is a guide to the constitutional issue of whether a child is a citizen if born in the United States to alien parents here illegally. If you are simply looking for arguments to bolster your political views, look elsewhere. If you are genuinely […]
Term Limits for the Supreme Court?
This article first appeared in the American Thinker. Term limits are among the reforms being proposed by advocates of curbing federal government abuses through the Constitution’s Article V amendment process. The idea of congressional term limits has been around for some time. But more recent discussion centers on term limits for the judiciary, especially for […]
Proposed Rules for An Article V Convention!
If 34 state legislatures forced Congress to call a convention for proposing amendments, what would the rules look like? The Convention of States movement (CoS) wanted an answer to this question. So its president asked me to take the lead in drafting sample rules. Then CoS would present them to state legislators for comment. This […]
"Runaway Convention" Nonsense—One More Time
Seldom has a claim so weak been so often advanced than the claim that a convention for proposing amendments would be a “constitutional convention” that could “run away”—that is, disregard its limits and propose amendments outside its sphere of authority. I have little patience with this sort of alarmism, partly because it is so patently […]
A Convention of States in “Gone With the Wind”
Margaret Mitchell, the author of the hugely popular novel Gone With the Wind, was a newspaper reporter and the child of a family steeped in history. Her father, a prominent Georgia attorney, was one of the leading lights in the state historical society. That her book has a plethora of references to historical events occurring […]
Whither the Article V Convention Movement? David Guldenschuh Reports
The movement for a “convention for proposing amendments” won some stunning successes in the 2014 state legislative sessions. There was more progress during the 2015 sessions—several applications were passed and none was repealed—but the rate of progress slowed. So where are we now? Georgia lawyer and Article V expert David Guldenschuh has issued a detailed […]
Wisdom From A Framer on Federalism, Guns, and the Amendment Process
This article was first published on CNS News. A newly published speech by one of our Framers offers important clues to the constitutional role of the states, of the right to keep and bear arms, and of the amendment process. Charles Carroll of Carrollton represented Maryland at the Constitutional Convention. After the convention was over, […]
Although Chief Justice Roberts’ Dissent in the Arizona Legislature Case Cited My Research, I Actually Agree With the Majority!
In my last post, I discussed the effect on Colorado’s Taxpayer’s Bill of Rights (TABOR) of the Supreme Court’s ruling in Arizona State Legislature v. Arizona Independent Redistricting Comm’n. In this post, I explain why the Arizona case was decided correctly. Some people may be surprised that I think the holding was correct. I’m politically […]
The Most Radical Decision Ever?
This article first appeared in The American Thinker. A complete commentary on the same sex marriage case would take far more than a single short article. Accordingly, I offer only some discrete thoughts: * A big expansion of federal power. Many libertarians believe the courts should use the Fourteenth Amendment to protect rights unenumerated in […]
Now Available: Regular Updates on Progress Toward An Amendments Convention
The drives for one or more convention of states to reform the dysfunctional federal government are proceeding apace, and Georgia lawyer David Guldenschuh is providing a newsletter with regular updates. His summaries contain information on the progress of every major application campaign—balanced budget, “convention of states,” campaign finance, and more. The latest version is here. […]
The Necessary and Proper Clause Grants Congress No Power
In a recent post, I pointed out that, despite superficial appearances, the Constitution’s Necessary and Proper Clause—clarifying that Congress has authority to make laws “necessary and proper” to carrying out its other enumerated powers—actually grants Congress no power. The Necessary and Proper Clause is representative of one of four related kinds of provisions found in […]
Two Overreaching GOP House Bills Show Why We Need a Convention of States
Two bills introduced in the U.S. House of Representatives show that whatever they may say on the campaign trail, many Republicans in Congress don’t have much more respect for federalism, states’ rights, or local control than Democrats do. These two bills also demonstrate, if further demonstration be needed, that Congress has broken almost all constitutional […]
