How Liberal Propagandists Fooled Conservatives into Opposing an Amendments Convention
This article originally appeared at CNS News. Some conservative groups have become known for uncompromising opposition to the Constitution’s convention method of proposing constitutional amendments. They may think they are protecting the republic. But it turns out that they are mostly carrying water for the liberal establishment. New research shows that nearly all the arguments […]
Where Chief Justice Burger Likely Got His Anti-Amendment Convention Views
This article originally appeared in the American Thinker. Opponents of the Constitution’s Article V convention method of proposing amendments tout three letters written in the 1980s by former Chief Justice Warren Burger. In those letters, Burger took a very hard line against any convention of states that might bypass Congress and propose corrective constitutional amendments. […]
Why the Senators’ Letter to Iran Was Both Appropriate and Legally Necessary
This article first appeared at the American Thinker website. Suppose you are in a general partnership with Smith. Smith handles day-to-day management, subject to your approval. But recently, he’s been acting somewhat high-handedly. Without consulting you, Smith is busy negotiating a contract with Macropus International Corp., a company notorious for unscrupulous practices. Smith has made […]
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 […]
