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constitutional law

  • Convention Rules for a Convention of the States

    Convention Rules for a Convention of the States0

    • May 28, 2017

    The convention of the states meeting in Phoenix, Arizona in September will need a set of rules. Moreover, that convention will be engaged in further rule-writing because the Arizona Legislature called it partly to suggest rules for a prospective Article V Convention for Proposing Amendments. I suggest the planners start with the Model Rules provided

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  • How Progressives Promoted the “Runaway Convention” Myth To Protect the “Warren Court’s” Judicial Activism

    How Progressives Promoted the “Runaway Convention” Myth To Protect the “Warren Court’s” Judicial Activism0

    • May 21, 2017

    You may have heard alarms that if we hold a national convention for proposing constitutional amendments the gathering would be an uncontrollable constitutional convention (“con-con”) that could propose anything at all. The claim is called the “runaway scenario.” It has almost no basis in history or law. But it has long frightened Americans away from

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  • Scalia Probably Favored An Amendments Convention — But Does It Matter?

    Scalia Probably Favored An Amendments Convention — But Does It Matter?0

    • April 12, 2017

    A majority of state legislatures have voted to trigger the U.S. Constitution’s most important procedure for reforming the federal government. This is the gathering that Article V of the Constitution calls “a convention for proposing amendments”—more popularly known as a “convention of states.” Advocates of a convention of states rely on a supportive statement made by the

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