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 […]
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.” This […]
The past week saw yet another assault on those reformers who seek to cure federal dysfunction by promoting a “Convention for proposing Amendments.”
The latest attack took the form of an opinion column that in content offered nothing new. It featured many of the usual errors of commission and omission: The author confused a “Convention for […]
Not long ago, I was listening to a radio talk show and was assured by a caller that the Supreme Court, in the case of Coleman v. Miller, had delegated all important decisions over the amendment process to Congress. In other words, the caller said, Congress can make all decisions on every amendment issue: how […]
A few days ago I heard a presentation by a spokesman for a group that claims to defend the Constitution and revere the Founders. Yet the spokesman trashed the Constitution’s framers for allegedly exceeding their authority and claimed they added a provision that largely rendered another […]
This Article is a modified version of one appearing in the American Thinker.
If President after President failed to veto bills, would it surprise you if congressional power grew at the expense of the presidency? If the Senate never blocked the President’s appointments, would it surprise you if presidential power expanded at the […]