Understanding the Constitution: the 14th Amendment: Part I
- November 15, 2021
In this short essay, constitutional historian Rob Natelson thumbnails the three-centuries long history of “conventions of the states.” When delegations from the states assemble in Phoenix, Arizona later this year, they will be basking in a long and rich American tradition. As far back as 1677, British colonies in North America sent “commissioners” (delegates) to
READ MOREThe convention of the states meeting in Phoenix, Arizona in September will need a set of rules. Moreover, that convention will be engaged in further rule-writing because the Arizona Legislature called it partly to suggest rules for a prospective Article V Convention for Proposing Amendments. I suggest the planners start with the Model Rules provided
READ MORECongress’s power to regulate immigration comes from the law of nations—the meaning of which many constitutional commentators are unfamiliar.
READ MOREYou may have heard alarms that if we hold a national convention for proposing constitutional amendments the gathering would be an uncontrollable constitutional convention (“con-con”) that could propose anything at all. The claim is called the “runaway scenario.” It has almost no basis in history or law. But it has long frightened Americans away from
READ MORESome pro-immigration activists question whether the federal government has any constitutional power over immigration. “Where,” they ask, “is the word ‘immigration’ among the powers the Constitution grants to Congress?”
READ MOREYou may have heard alarms that if we hold a national convention for proposing constitutional amendments the gathering would be an uncontrollable constitutional convention (“con-con”) that could propose anything at all. The claim is called the “runaway scenario.” It has almost no basis in history or law.
READ MORE