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  • Phyllis Schlafly, RIP0

    • September 6, 2016

    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

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  • More Evidence That Warren Burger Was Defending Roe v. Wade When He Opposed A Convention of States0

    • May 6, 2015

    More 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

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  • What About that Warren Burger Letter Against An Article V Convention?0

    • November 2, 2013

    Groups 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

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  • A Response to the “Runaway Scenario”0

    • February 15, 2013

    NOTE: 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,

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