Convention Rules for a Convention of the States
The convention of the states meeting in Phoenix, Arizona in September will need a set of rules. Moreover, that convention will be engaged in further rule-writing because the Arizona Legislature called it partly to suggest rules for a prospective Article V Convention for Proposing Amendments. I suggest the planners start with the Model Rules provided […]
Where Congress’s Power to Regulate Immigration Comes From
Congress’s power to regulate immigration comes from the law of nations—the meaning of which many constitutional commentators are unfamiliar.
How Progressives Promoted the “Runaway Convention” Myth To Protect the “Warren Court’s” Judicial Activism
You may have heard alarms that if we hold a national convention for proposing constitutional amendments the gathering would be an uncontrollable constitutional convention (“con-con”) that could propose anything at all. The claim is called the “runaway scenario.” It has almost no basis in history or law. But it has long frightened Americans away from […]
Scalia Probably Favored An Amendments Convention — But Does It Matter?
A majority of state legislatures have voted to trigger the U.S. Constitution’s most important procedure for reforming the federal government. This is the gathering that Article V of the Constitution calls “a convention for proposing amendments”—more popularly known as a “convention of states.” Advocates of a convention of states rely on a supportive statement made by the […]
First National Convention of States in 150 Years!
Americans finally have a real chance to “clean up the mess in Washington.” That’s the implication of the news that the Arizona legislature has called the first national “convention of states” in over 150 years. The conclave will meet in Phoenix on September 12. Its purpose is to plan for a later convention to propose […]
The Relationship Between the Declaration of Independence and the Constitution
I’m sometimes asked about the relationship between the Declaration of Independence and the Constitution. Their connection is not difficult to understand. The Declaration is a statement based on natural law. Natural law consists of fundamental principles of justice and right. Monotheists see natural law as deriving from the Creator. Polytheists see it as deriving from […]
Jon Caldara Interviews Rob Natelson on Article V and Anti-Reform Suppression Efforts
The Left’s Refusal to Accept Election Results vs. Its Constitutional “Super-Precedent” Theory
Since Election Day, the stock market has soared. The benchmark Standard and Poor’s 500 index, which reflects the stock price of larger companies, has risen by more than 14 percent. The NASDAQ Composite, which measures a wider sample of stocks, has jumped more than 16 percent. These stunning results were achieved in less than 100 […]
How Much Trash a Political Rally Leaves for Others to Clean Up Tells You Something, Doesn’t It?
There is an adage—restated many times and by many authors—that you can tell more about a person’s character by how he treats his social “inferiors” than by how he treats those equal to or above him. A middle-manager who abuses the office janitor shows a character defect. The adage holds this abuse reveals more about […]
A New Look at the Founders Through the Postal Clause
The Constitution’s Postal Clause grants Congress power to “establish Post Offices and Post Roads.” There is a fascinating history behind that provision, which I explore in a new article linked here. Some of the highlights: * Although the Founders generally favored free enterprise over state-owned business, they made an exception for postal services. * As […]
Conservatives Should Abandon the Filibuster
Conservatives traditionally have supported the Senate filibuster because, supposedly, it puts the brakes on expansion of government. I’ve long thought conservatives should reconsider. With Democrats planning to filibuster President Trump’s nominee for the Supreme Court, a good time to reconsider is now. That’s because history shows that, on balance, the filibuster doesn’t put the brakes on […]
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 […]
