More Founding-Era Evidence that Some State Functions Derive Only From the Constitution (With Some Comments on the Amendment Process)
In prior posts, I’ve discussed two key elements of constitutional law: 1. The Constitution grants some powers to persons and entities other than the federal government. These persons and entities include state legislatures, state governors, state conventions, the Article V “Convention for proposing Amendments,” Congress as a free-standing assembly, and the Electoral College. 2. When […]
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 […]
Abolish the Filibuster? Maybe We Should
Should freedom advocates support the U.S. Senate’s “filibuster” rule? The traditional answer has been “yes.” But we might want to take another look. The Senate’s filibuster system allows individual Senators to block legislative action by making long speeches (i.e., “filibuster”) on the floor. When several Senators take turns speaking, they can block legislative action indefinitely. […]
New Edition of the Article V Handbook Now Available!
In 2011 a national trade group of state lawmakers asked me to summarize Article V research for state legislators around the country. The group, the non-partisan American Legislative Exchange Council, wanted a practical guide for how state decision makers could begin the task of curing our dysfunctional federal government. The result was the Article V […]
Restoring ‘Diversity’ To The Supreme Court
This article originally appeared in the Daily Caller. Liberals talk a great deal about “diversity” these days, so it is ironic that so many have lined up in favor of President Barack Obama’s pick for the Supreme Court, Merrick Garland. On important measures, Garland would render the Court less diverse than it is now. One […]
Report on the Constitutionality of the “Compact for America” Plan Expanded
The Article V Information Center has updated and expanded Rob Natelson’s report on the constitutionality of the “Compact for America” (CFA) plan to amend the Constitution. The original report found that the CFA plan suffered from serious constitutional defects, and that it was unlikely to survive judicial challenge. After it was issued, Rob received […]
What the 1777 Georgia Constitution Tells Us About the Article V Convention Process
When interpreting a legal document, you often can get clues from looking at any predecessors to the document. For example, what did earlier drafts say? What did previous documents that served as models provide? Did the framers of the final version mirror earlier wording, or did they change it? If a phrase in an earlier […]
Anti-TABOR lawsuit almost gone, and it’s about time
This article originally appeared in the Denver Post. The 2011 federal lawsuit to void the Colorado Taxpayer’s Bill of Rights (TABOR) is finally all but over. The U.S. Court of Appeals had twice permitted the case of Kerr vs. Hickenlooper to proceed — but felt compelled to modify its decision after the Supreme Court told […]
The 4th Edition of Prof. Natelson’s Article V Treatise Is Now Here!!
In 2014 the first legal treatise ever on the Constitution’s amendment process was published: Prof. Rob Natelson’s work, State Initiation of Constitutional Amendments: A Guide for Lawyers and Legislative Drafters. The work was commissioned by the Convention of States Project of Citizens for Self Governance. Over the past two years, the treatise has undergone updating and expansion. […]
Cruz Withdrawal Postpones “Natural Born” Issue
This article first appeared in the Forth Worth Star Telegram. A silver lining to the withdrawal of Sen. Ted Cruz, R-Texas, from the presidential race is that we will be spared a battle over whether he met the Constitution’s requirement the president be a “natural born citizen.” The evidence is not all one way, but […]
