Article V Opponents Now Peddling Article 23 Years Out of Date
The latest tactic in Article V opponents’ game of “Whac-A-Mole”* is the circulation of an article 23 years out of date.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 […]
Resisting Federal Usurpation: Comments by Theophilus Parsons
Several years ago, I wrote on this site about the contributions to the American Founding of Josiah Quincy. Another little-known Founder who should be more widely celebrated today was Theophilus Parsons. Parsons was from the same Massachusetts circle that produced Quincy. He was an an outstanding lawyer and an eloquent spokesman for republican government and […]
Get the Latest Edition of Rob’s popular book: THE ORIGINAL CONSTITUTION!!
Get the latest edition of the popular work, The Original Constitution: What It Actually Said and Meant. You can buy it in either hard copy or Kindle form here.
The Constitution’s Grants To Persons and Entities Outside the U.S. Government
A little known aspect of our Constitution is that it delegates power, not just to the U.S. Government and to its units, but also to persons and entities outside the U.S. Government. In each case, the power to act is derived ultimately from the Constitution. Even when those persons or entities are states or officeholders […]
The greatest constitutional document of all
This article was first published in The American Thinker. It is said that no second heir to the British throne has been named John because of the reputation of the first. King John (reigned: 1199-1216) could be charming and efficient, but he was ruthless and utterly untrustworthy, and several times he drove his subjects to […]
New II Backgrounder Explains the “Convention of States” Constitutional Amendment Process
A new II Backgrounder contains a brief and clear explanation of how the people, through their state legislatures, can address federal dysfunction while bypassing Congress. The Backgrounder is the first publication of II’s new “Article V Information Center.” You can read it here.
Principles for Drafting A Balanced Budget Amendment
This article originally appeared at The American Thinker. The Article V Handbook, which I authored for the American Legislative Exchange Council, emphasizes that citizens pressing for constitutional amendments should avoid fringe or unpopular proposals. The Handbook distills four guiding principles for selecting amendments worthy of support: (1) An amendment should move America back toward Founding […]
More Evidence An Article V Convention is a “Convention of the States”
Earlier this year, I documented one of the reasons we know an Article V convention is a “convention of the states” rather than a mass popular gathering: Founding Era documents tell us so. I listed several such documents. (Subsequent to the Founding, in the case of Smith v. Union Bank, the Supreme Court also referred […]
One Reason Government Keeps Expanding and Freedom Keeps Shrinking
Find out how much federal land ownership the Constitution really authorizes! Get Rob’s book, The Original Constitution: What It Actually Said and Meant. **** Mary Taylor Young’s work, Rocky Mountain National Park: The First 100 Years (2014) contains this profile (p.151) of George B. Hartzog, Jr., the Assistant Superintendent of the park from 1955 to […]
Treatise on Amendments Conventions Updated to Include Rules for Congress’s “Call”
Some people claim the rules pertaining to the Constitution’s “Convention for Proposing Amendments” are largely unknown, but there actually is quite a lot of law on the subject. Earlier this year, I pulled together that body of law in a legal treatise entitled “State Initiation of Constitutional Amendments: A Guide for Lawyers and Legislative Drafters.” […]
