Soros-Funded Groups Attack the Article V Movement

Article V activists have had to deal with the defamatory, and potentially actionable, charge that they are supported by socialist billionaire George Soros. As far as I can determine, however, no one in the movement has been able to identify any pro-Article V Soros money at all. On the contrary, Soros-funded groups have repeatedly assailed […]

The Silver Lining in the Mistakes at the Assembly of State Legislatures

Note: This article was first published in the American Thinker. The Assembly of State Legislatures (ASL) has adjourned from its latest meeting, still without having produced a set of rules for an Article V amendments convention. I have been an enthusiastic supporter of ASL. I have to acknowledge, however, that missteps have impeded its progress. […]

When Government Corrupts an Election . . .

Note: Government spending to promote a specific political candidate is usually illegal, but we all know it happens. A recent example is the incident described below, which occurred in Lakewood, Colorado, a city of about 150,000 people located just west of Denver. This short article first appeared as a letter to the editor of the […]

The Materials You Need for Researching the Original Constitution

Note: This article originally appeared at The American Thinker. When lawyers and judges interpret legal documents, they usually try to ascertain the understanding of the parties to the document—or, more precisely, something they call the “intent” behind the document. The Founding Era phrase was “intent of the makers.” The “intent of the makers” is what […]

A Woman as President? The Gender-Neutral Constitution.

Note: This article was originally published at the leading constitutional law website, The Volokh Conspiracy, which is affiliated with the Washington Post. Consider these two quotations: “Indeed, the argument is made that under originalism it would be unconstitutional to elect a woman as president or vice president because the Constitution refers to these officeholders as […]

Answering Questions About the Voting Rules at a Convention for Proposing Amendments

Note: This column appeared originally at the American Thinker. In a recent post, I examined suggestions that a convention of the states for proposing amendments adopt a supermajority rule for proposing any amendment. Most commonly suggested is that the convention replace the traditional “majority of states decides” standard with a two thirds requirement. I explained […]

The Constitution's Financial Terms

Note: This was originally a four-part series published at the leading constitutional law website, “The Volokh Conspiracy,” which is affiliated with the Washington Post. This succession of four parts discusses such questions as why the Supreme Court was wrong to characterize the Obamacare insurance penalty as a “tax,” why the apportionment requirement was adopted and […]

Trying to Alter the Traditional Amendments Convention Voting Rule Is a Mistake

Note: This article first appeared in The American Thinker. Advocates of a federal balanced budget amendment are closing in on the 34 states necessary to require Congress to call a convention for proposing amendments. Other groups, such as the Convention of States project, are working assiduously toward the same goal. If they succeed, it will […]

Some of the Colorado Supreme Court’s Mistakes in the Douglas County School Choice Case

As people who follow education reform already know, the Colorado Supreme Court recently struck down the Douglas County school board’s school choice program. It did so based on Article IX, Section 7 of the state constitution. This is sometimes called Colorado’s “Blaine Amendment,” although that phrase is technically a misnomer. Actually, the Blaine Amendment was […]

“Where the Columbines Grow”—One Last Time

Just before preparing an article on Colorado’s state song, Where the Columbines Grow, for the Colorado Springs Gazette, I noticed something I had not previously seen. As documented in my Issue Paper on the subject, Arthur Fynn’s lyrics are filled with contrasts. The most notable is the contrast between the eagle and the dove, an […]