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 […]
Originalist Research Guide Updated
Scholarly investigation into our Constitution’s actual meaning—or, more precisely, into the Constitution’s legal force immediately after adoption—commonly is called “originalist” research. Until fairly recently, the quality of originalist research was fairly low. Most of it was conducted by law professors with little background in historical method or in founding-era language or social conditions. Moreover, most […]
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.” […]
First Amendment Protection is for More Than Political Speech
This article was first published in CNS News. The modern U.S. Supreme Court grants more First Amendment protection to political discourse than to other forms of expression, such as commercial advertising. The court holds that political discourse enjoys a “preferred position.” The preferred position doctrine is taught in the nation’s law schools, so many lawyers […]
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 […]
How to end up with Pence or Kaine in the White House: Suspend the 12th Amendment
This semi-tongue-in-cheek article was first published at the American Spectator. Dissatisfaction with the presidential nominees of both major parties is at record levels, and Donald Trump and Hillary Clinton continue to make embarrassing missteps. By the time the Electoral College meets to choose the president on December 19, the dissatisfaction may be overwhelming. Both Republicans […]
Rob and “The Original Constitution”
Rob discusses why he wrote his popular book, The Original Constitution: What It Actually Said and Meant, in this Independence Institute Freedom Minute.
The Supreme Court’s Latest Abortion Decision: More Confusion and Incoherence
The anti-democratic incoherence in the Supreme Court’s latest abortion decision makes one wonder just how much longer the American people are going to stand for this sort of thing. In the wake of a horrific Pennsylvania abortion scandal, several states passed laws toughening restrictions on abortion providers. Among those states was Texas. One provision of […]
Three New Supreme Court Cases Show in Some Areas, the Constitution No Longer Matters
Note: This article originally appeared at CNS News. An earlier version included unauthorized editing and should be disregarded. Three recent Supreme Court decisions reveal in the area of personal rights, most of the justices are applying rules unrelated to the U.S. Constitution. In two of the cases, the majority refused to protect rights expressly laid […]
