May state legislative applications limit an Article V convention? Subject, yes; specific language, probably not
- September 12, 2013
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Statement by Rob Natelson on the “Compact for America’s” Latest Attack0
- August 22, 2016
The authors affiliated with the Compact for America (CFA) would have us believe that states may use their ordinary law-making power to reduce the Constitution’s extended five-step amendment procedure to two steps, and that the courts will meekly acquiesce. Common sense tells us that the courts are unlikely to do so. The conclusion of common
READ MOREThe 37th “Convention of States” Discovered!0
- August 21, 2016
Recently a professor teaching constitutional law at a prestigious university wrote in one of the nation’s top newspapers that we should oppose an Article V convention of states in part because the 1787 Constitutional Convention is “the only precedent we have.” As occurs too often among law professors, he obviously had not researched the subject
READ MOREConvention Rules from the “Assembly of State Legislatures:” Two Cheers Only0
- August 17, 2016
This posting was updated on Jan. 18, 2023. In June, 2016 the Assembly of State Legislatures (ASL), a planning group of state lawmakers (now apparently defunct), issued suggested rules for an Article V Convention for Proposing Amendments. The rules were a commendable effort. But they also fell short in a number of ways, partly because
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How to end up with Pence or Kaine in the White House: Suspend the 12th Amendment0
- August 15, 2016
This semi-tongue-in-cheek article was first published at the American Spectator. Dissatisfaction with the presidential nominees of both major parties is at record levels, and Donald Trump and Hillary Clinton continue to make embarrassing missteps. By the time the Electoral College meets to choose the president on December 19, the dissatisfaction may be overwhelming. Both Republicans
READ MOREMore Founding-Era Evidence that Some State Functions Derive Only From the Constitution (With Some Comments on the Amendment Process)0
- August 12, 2016
In prior posts, I’ve discussed two key elements of constitutional law: 1. The Constitution grants some powers to persons and entities other than the federal government. These persons and entities include state legislatures, state governors, state conventions, the Article V “Convention for proposing Amendments,” Congress as a free-standing assembly, and the Electoral College. 2. When
READ MORENew Edition of the Article V Handbook Now Available!0
- July 1, 2016
In 2011 a national trade group of state lawmakers asked me to summarize Article V research for state legislators around the country. The group, the non-partisan American Legislative Exchange Council, wanted a practical guide for how state decision makers could begin the task of curing our dysfunctional federal government. The result was the Article V
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