May state legislative applications limit an Article V convention? Subject, yes; specific language, probably not
Some constitutional scholars believe state applications for a convention for proposing amendments may limit the convention to voting “yes” or “no” on a specifically-worded amendment. A prescribed-wording application, they say, reduces the fear of a “runaway” convention and places the state legislatures in the equal position with Congress that Article V of the Constitution was […]
The Constitutional Convention Did Not Exceed Its Power and the Constitution is not “Unconstitutional”
Judging by recent claims in the media such as this one, there is still a lot of life in the old tale (dating back to the Anti-Federalists) that the 1787 federal convention “ran away” and that the Constitution was unconstitutionally adopted. I’ve dealt with both claims in this column occasionally (see, e.g., here and here), […]
Why the Framers Could Suggest Ratification by Only Nine States
In prior postings such as the one here, I have explained why it is wrong to claim that the commissioners (delegates) to the 1787 Constitutional Convention exceeded their power in recommending that the Articles of Confederation be replaced by a new instrument. Another aspect of the same charge is that the Framers exceed their power […]
