May state legislative applications limit an Article V convention? Subject, yes; specific language, probably not
- September 12, 2013
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More 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
READ MOREReport on the Constitutionality of the “Compact for America” Plan Expanded0
- June 25, 2016
The Article V Information Center has updated and expanded Rob Natelson’s report on the constitutionality of the “Compact for America” (CFA) plan to amend the Constitution. The original report found that the CFA plan suffered from serious constitutional defects, and that it was unlikely to survive judicial challenge. After it was issued, Rob received
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What the 1777 Georgia Constitution Tells Us About the Article V Convention Process0
- June 17, 2016
When interpreting a legal document, you often can get clues from looking at any predecessors to the document. For example, what did earlier drafts say? What did previous documents that served as models provide? Did the framers of the final version mirror earlier wording, or did they change it? If a phrase in an earlier
READ MOREThe 4th Edition of Prof. Natelson’s Article V Treatise Is Now Here!!0
- May 19, 2016
In 2014 the first legal treatise ever on the Constitution’s amendment process was published: Prof. Rob Natelson’s work, State Initiation of Constitutional Amendments: A Guide for Lawyers and Legislative Drafters. The work was commissioned by the Convention of States Project of Citizens for Self Governance. Over the past two years, the treatise has undergone updating and expansion.
READ MOREIs the “Compact for America” Procedure to Amend the Constitution Constitutional?—An Update0
- May 10, 2016
Because of widespread interest in the Article V Information Center’s report on the legality of the “Compact for America” approach to amending the Constitution, we are reprinting it here. Distilled to its essence, the “Compact” approach is unconstitutional because it seeks to change, through state legislative action (statutes and interstate compacts), the amendment procedure specified in
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