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  • When They Start Throwing Black’s Law Dictionary at You—Duck!0

    • February 17, 2016

    If you are involved in politics, sooner or later someone will “prove” his point by quoting to you a line from Black’s Law Dictionary, Corpus Juris Secundum, or a similar source. He may tell you that these are “definitive” legal sources, not to be doubted. Whatever he’s selling, don’t buy it. These sources are not

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  • More On Why Amendment Procedures Are Not Governed by the States’ Tenth Amendment Powers0

    • January 30, 2016

    A few groups pushing constitutional amendments are trying to convince state legislatures to adopt laws and interstate compacts that rely on state authority reserved by the Tenth Amendment. This is a serious mistake—one that likely will lead to defeat in the courts. In a recent article, I pointed out that the courts have held repeatedly

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  • The Impending Convention for Proposing Amendments — Part VI0

    • January 9, 2016

    Note: This is the last in a series of six articles that originally appeared in the Washington Post’s “Volokh Conspiracy,” a leading constitutional law website. Parts I – V appear below this post. How the Procedures for a Modern Amendments Convention May Unfold Parts I to V of this series discussed the background and nature

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