The Lamp of Experience: Constitutional Amendments Work
(This article originally appeared in the American Thinker.) Opponents of a Convention of States long argued that there was an unacceptable risk a convention might do too much. It now appears they were mistaken. So they increasingly argue that amendments cannot do enough. The “too much” contention was first promulgated in modern times by apologists […]
A Modern Quasi-Convention of States
Many opponents of an Article V convention seem to think that it would be a nearly unique event, for which the “only precedent” would be the 1787 constitutional convention. Some even go so far as to oppose non-Article V gatherings among the states. As regular readers know, the idea that a convention of states would […]
Struggling With Nullification
Does a state have the right to nullify federal statutes the state considers unconstitutional? This depends largely on how you define “nullification.” It also depends on what you mean by “right” and what kind of document you understand the Constitution to be. In other words, it depends on your premises. Unfortunately, people often discuss—and debate, […]
A Summary of How States Push Back Against Washington
The Cato Institute has published a new paper by Professor John Dinan that summarizes all the credible ways in which the states can and do push back against Washington, D.C. The only omission to this excellent summary is the states’ amendment powers under the Constitution’s Article V. (Although the states have never forced Congress to […]
The Meaning of the Commerce Power and Congress’s and the Courts’ Use (And Abuse) Of It
Are you interested in the true meaning of, and limits on, the Constitution’s much-abused Commerce Power? In a speech at the University of Utah in Salt Lake City on November 19, 2013, I outlined the intended scope of the power, how I reached my conclusions, and how the Supreme Court has stretched the Commerce Power […]
What About that Warren Burger Letter Against An Article V Convention?
Groups opposed to calling an Article V convention often cite an old letter written by the late Chief Justice Warren Burger opposing such a convention. It is strange that those groups should be quoting Berger, because they also purport to oppose the liberal activism—notably the abortion decision of Roe v. Wade—practiced by the Court when […]
Comparing an Article V Convention to a National Party Convention is Absurd
Some alarmists are comparing an Article V convention to the Republican and Democratic National Conventions. The argument is that an amendments convention can be manipulated or stampeded just as a national party convention can be. The comparison is absurd—so much so that it shows mostly a lack of knowledge of the Article V process. First, […]
Who Says History is Relevant to Article V? Well, the U.S. Supreme Court, For One!
In 1988, Oxford University Press published Russell Caplan’s book Constitutional Brinksmanship. It revealed some of the extensive history behind the Convention for Proposing Amendments in Article V of the Constitution. More recently, we have learned much more about that history. We now know that there were over 30 multi-colony and multi-state conventions before the Constitution […]
Madison and the Amendments Convention: A New Chapter in a Brand New Book
A new book, edited by Professor Neil H. Cogan, has just been issued in which well-known constitutional scholars from across the political spectrum explore issues of state interposition, nullification, and secession. I am among the contributors: I wrote the second chapter, which is entitled James Madison and the Constitution’s Convention for Proposing Amendments. The book […]
May state legislative applications limit an Article V convention? Subject, yes; specific language, probably not
Some constitutional scholars believe state applications for a convention for proposing amendments may limit the convention to voting “yes” or “no” on a specifically-worded amendment. A prescribed-wording application, they say, reduces the fear of a “runaway” convention and places the state legislatures in the equal position with Congress that Article V of the Constitution was […]
How We Have Learned More and More About the Constitution's "Convention for Proposing Amendments"
Listen to Mark Levin’s interview of Rob here. (Go to Aug. 29 podcast, and fast forward to minute 55.) This past week, conservative icon Phyllis Schlafly contributed a short piece to Townhall.com in which she attacked the movement for an Article V convention. As I wrote in my response, she was relying on claims about […]
Mark Levin's New Book on Amendments
I have received many requests that I review radio talk-show host Mark Levin’s new book, The Liberty Amendments. Although I favor adopting one or more amendments to restore the federal government to constitutional limits, I generally do not take positions on specific proposed amendments. My mission is to research our Constitution and educate others about […]
