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“Runaway Convention” Nonsense—One More Time

August 13, 2015 Rob Natelson 0

Seldom has a claim so weak been so often advanced than the claim that a convention for proposing amendments would be a “constitutional convention” that could “run away”—that is, disregard its limits and propose amendments outside its sphere of authority.
I have little patience with the theory, partly because it is so patently based on ignorance […]

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A Convention of States in “Gone With the Wind”

August 10, 2015 Rob Natelson 0

Margaret Mitchell, the author of the hugely popular novel Gone With the Wind, was a newspaper reporter and the child of a family steeped in history. Her father, a prominent Georgia attorney, was one of the leading lights in the state historical society.
That her book has a plethora of references to historical events occurring during […]

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Wisdom From A Framer on Federalism, Guns, and the Amendment Process

July 19, 2015 Rob Natelson 0

This article was first published on CNS News.
A newly published speech by one of our Framers offers important clues to the constitutional role of the states, of the right to keep and bear arms, and of the amendment process.
Charles Carroll of Carrollton represented Maryland at the Constitutional Convention. After the convention was over, he advocated […]

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Although Chief Justice Roberts’ Dissent in the Arizona Legislature Case Cited My Research, I Actually Agree With the Majority!

July 12, 2015 Rob Natelson 0

In my last post, I discussed the effect on Colorado’s Taxpayer’s Bill of Rights (TABOR) of the Supreme Court’s ruling in Arizona State Legislature v. Arizona Independent Redistricting Comm’n. In this post, I explain why the Arizona case was decided correctly.
Some people may be surprised that I think the holding was correct. I’m politically conservative […]

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Now Available: Regular Updates on Progress Toward An Amendments Convention

June 17, 2015 Rob Natelson 0

The drives for one or more convention of states to reform the dysfunctional federal government are proceeding apace, and Georgia lawyer David Guldenschuh is providing a newsletter with regular updates.
His summaries contain information on the progress of every major application campaign—balanced budget, “convention of states,” campaign finance, and more.
The latest version is here. A footnote […]

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The Necessary and Proper Clause Grants Congress No Power

June 1, 2015 Rob Natelson 0

In a recent post, I pointed out that, despite superficial appearances, the Constitution’s Necessary and Proper Clause—clarifying that Congress has authority to make laws “necessary and proper” to carrying out its other enumerated powers—actually grants Congress no power.
The Necessary and Proper Clause is representative of one of four related kinds of provisions found in 18th […]