Understanding the Constitution: Why Biden is wrong to think the 9th Amendment protects abortion
- March 10, 2022
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
READ MOREMore evidence has turned up that the late Chief Justice Warren Burger was defending his Court’s decision in Roe v. Wade when he wrote three letters opposing the Article V convention process. Burger’s letters frequently are cited as authority by opponents of a “convention of states.” However, in an earlier posting I noted that the
READ MOREGroups 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
READ MORENOTE: This is an updated version of an essay first published in 2013. For a comprehensive treatment of the law of Article V, see State Initiation of Constitutional Amendments: A Guide for Lawyers and Legislative Drafters (4th ed. 2016) and more recent postings on this website. Many lawmakers and activists, and most of the public,
READ MORE