Yet Another Multi-State Convention Uncovered
For many years, opponents of a convention for proposing amendments argued that the law governing such a convention was unknowable because the only precedent for such a gathering was the Constitutional Convention of 1787. This was always an ignorant claim, since even high schoolers learn that Annapolis, Maryland hosted a “convention of states” the previous […]
King v. Burwell: The Latest Obamacare Mess at the Supreme Court
When I first heard about King v. Burwell, the latest Obamacare controversy before the U.S. Supreme Court, I assumed it was the kind of case in which the legislative intent was clear, but for one reason or another the wording of the statute did not match the legislative intent. That would have been an interesting […]
New Book About How Deborah—Judge and Biblical Heroine—Freed Israel From Terrorism!
Betty Natelson, my wife, has just published a new book—for readers 9 years and up—about the biblical heroine Deborah. Deborah was the Hebrew judge who, along with her military commander Barak, liberated Israel from Canaanite terrorism—a topic that seems particularly appropriate today. The book is entitled Battlesong: The Biblical Story of Deborah. Battlesong generally follows […]
New Study Shows Campaign Disclosure Rules Violate First Amendment
This article was first published at the American Thinker website. Many commentators and politicians have attacked the Supreme Court’s 2010 case of Citizens United v. Federal Election Commission for holding that citizens do not surrender their First Amendment rights when they organize under state corporation law. The Vermont state legislature has even adopted an application […]
Chief Justice John Marshall: Not the Big Government Guy You Might Think
Chief Justice John Marshall (in office 1801-1835) is often identified with an expansive “big government” interpretation of the Constitution. Fans of big government cite him as an ally; opponents as an enemy. This view of Marshall is a caricature. It is true that Marshall was a Federalist—he occupied a place on the political spectrum of […]
Trying to Abolish the Convention’s One-State/One-Vote Rule Not Only Would Be Unconstitutional—It Wouldn’t Be Worth Trying
One of the far-fetched arguments used to persuade conservatives to oppose an amendments convention is that if 34 states apply, a left-wing Congress might try to dictate that commissioners (delegates) be allocated by population rather than by one state/one vote. For reasons explained in earlier posts, such a move would be unconstitutional: A “convention for […]
What Is Tonnage?
Article I, Section 10, Clause 3 (I-10-3) of the Constitution forbids states from imposing any “Duty of Tonnage” without the consent of Congress. During the Founding Era, tonnage was a levy imposed on the cargo capacity of ships entering or leaving harbors. As the Constitution’s words indicate, it was a species in a larger class […]
New U.S. House Rule: A Hopeful Sign for an Amendments Convention
As the likelihood of a Convention for Proposing Amendments increases, people are beginning to adjust to the idea. A recent example is adoption of a new rule by the U.S. House of Representatives providing for the recording and public availability of state legislative applications for a convention. The rule change, sponsored by Rep. Steve Stivers […]
What is an “Excise?”
Article I, Section 8, Clause 1 of the Constitution reads as follows: The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the Common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United […]
Article V Opponents Now Peddling Article 23 Years Out of Date
The latest tactic in Article V opponents’ game of “Whac-A-Mole”* is the circulation of an article 23 years out of date. The article was published in 1992 and is entitled A New Constitutional Convention? Critical Look at Questions Answered, and Not Answered, by Article Five of the United States Constitution. It was authored by John […]
Update on Article V and the Necessary and Proper Clause
Some people have asked for further clarification on why the Constitution’s Necessary and Proper Clause does not grant Congress power to use its convention call to regulate a Convention for Proposing Amendments. This is a technical area and can be difficult to grasp (or explain, for that matter). You have to understand the nature of […]
Is Obama Violating the “Take Care” Clause?
The Constitution requires the President to “take Care that the Laws be faithfully executed.” This “take Care” language came from 18th century commissions and formal instructions by which higher officials delineated what lower officials were to do. The premier examples were royal instructions to colonial governors, but the Continental and Confederation Congresses used the same […]
