On “Federal Functions,” the 2020 election, the Necessary and Proper Clause & con law courses
It is perverse to spend so much [constitutional law] class time on areas of recurrently-shifting jurisprudence, while neglecting constitutional principles that are just as central and far more enduring.
Understanding the Constitution: Can the 25th amendment be used to remove Biden?
The 25th amendment is seriously ambiguous. It creates uncertainties that discourage using its procedure.
New article relevant to the 2020 election, amendments, & much more!
The Constitution’s “federal functions” are almost totally overlooked in law school courses. Yet they are hugely important.
New article shows how amendments conventions and other “federal functions” are regulated
“[A]nother mistake is that because an amendments convention executes a federal function, Congress can control it. But . . . the rules and protocols for carrying out federal functions come from the Constitution, not from Congress.”
Two new briefs in the Supreme Court’s Electoral College case
[The integrity of presidential electors] has taken on great urgency as “progressive” state legislatures increasingly meddle with free elections.
Update on Article V and the Necessary and Proper Clause
Some people have asked for further clarification on why the Constitution’s Necessary and Proper Clause does not grant Congress power to use its convention call to regulate a Convention for Proposing Amendments. This is a technical area and can be difficult to grasp (or explain, for that matter). You have to understand the nature of […]
No, the Necessary and Proper Clause Does NOT Empower Congress to Control an Amendments Convention
A few days ago I heard a presentation by a spokesman for a group that claims to defend the Constitution and revere the Founders. Yet the spokesman trashed the Constitution’s framers for allegedly exceeding their authority and claimed they added a provision that largely rendered another provision useless. In other words, the spokesman charged the […]
