The 1889 St. Louis Convention of States
A frequent argument against a convention for proposing constitutional amendments is that there are “no precedents” for determining the rules and procedures for such a gathering, other than the Constitutional Convention of 1787. Although opponents persist in this claim, it has long been debunked: The Constitutional Convention was far from the only meeting of its […]
State Lawmakers! Don’t Put Extraneous Matter in Your Article V Application
by Robert G. Natelson State lawmakers sponsoring an Article V convention application often find that other lawmakers want to add extraneous matter to the application. This may include conditions beyond the mere subject-matter, instructions to commissioners, specific amendment language, convention rules, and pronouncements of various kinds. Don’t agree! Adding such material is both unprofessional and […]
What should you remember when drafting a constitutional amendment?
Last month, Citizens for Self Governance sponsored a simulated convention for proposing amendments in Williamsburg, Virginia. I was an adviser for the project, and just before the initial meeting I spoke to the assembled commissioners. My purpose was to provide them with some last-minute tips on drafting proposed constitutional amendments. Several people have asked me […]
Could Congress Control an Amendments Convention? Not According to the Founders!
As we move closer to holding a “convention for proposing amendments” to restrain federal overreach, naysayers have not been silent. One of their claims is an amendments convention would be fruitless or dangerous because it could be controlled by Congress. The Constitution directs Congress to “call” an amendments convention when two thirds of the state […]
Simulation Shows What An Amendments Convention Would Be Like
This article was first published by CNSNews. How would an Article V “convention for proposing amendments” work? What would be its agenda? What about its procedures? How would voting be conducted? History and constitutional law provide the answer to most of those questions, but it also helps to have a specific modern example. That is […]
When We Amend the Constitution, Make Sure We Follow the U.S. Procedure, not the “Confederate States” Procedure
People who claim that states may, through state law, dictate the wording of amendments to the interstate “convention for proposing amendments” are not accurately representing the system laid out in Article V of the U.S. Constitution. Rather, they are unwittingly advocating a system similar to the one adopted by the defunct “Confederate States of America.” […]
Phyllis Schlafly, RIP
I extend my sincere condolences for the death of Phyllis Schlafly to her family and followers. Mrs. Schlafly could rise to greatness. Her book, A Choice Not An Echo, became a standard of the conservative movement. Her successful campaign against the poorly drafted “Equal Rights Amendment” was a classic instance of how a single individual […]
Statement by Rob Natelson on the “Compact for America’s” Latest Attack
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 […]
The 37th “Convention of States” Discovered!
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 […]
Convention Rules from the “Assembly of State Legislatures:” Two Cheers Only
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 […]
More Founding-Era Evidence that Some State Functions Derive Only From the Constitution (With Some Comments on the Amendment Process)
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 […]
New Edition of the Article V Handbook Now Available!
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 […]
