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A New Theory Supporting The Use of the Tenth Amendment to Control the Article V Process—and Why the Theory Doesn’t Work

March 6, 2016 Rob Natelson 0

The state legislative power to issue binding applications for an amendments convention derives either directly from the Constitution (Article V) or from authority retained (“reserved”) by the states under the Tenth Amendment. Which is it?
A lot hinges on the question. One thing that does is the legal validity of the “Compact for America” approach. The […]

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What is an Amendments Convention “Application?” What is a “Call?”

February 25, 2016 Rob Natelson 0

Article V of the Constitution states that “The Congress . . . on Applications of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments.”
As I pointed out in my book, The Original Constitution: What It Actually Said and Meant, 18th century writers were imbued heavily with Latin language […]

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The Impending “Convention for Proposing Amendments” – Part I

December 13, 2015 Rob Natelson 0

Note: This is Part I of a six-part series I wrote on Amendment Conventions for the Washington Post’s “Volokh Conspiracy,” a leading constitutional law website. Links have not been reproduced, because all supporting information is on this website and can be found with by word search.
Part I: How Past Conventions Inspired the Constitution’s “Convention for […]

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Answering Questions About the Voting Rules at a Convention for Proposing Amendments

November 2, 2015 Rob Natelson 0

Note: This column appeared originally at the American Thinker.
In a recent post, I examined suggestions that a convention of the states for proposing amendments adopt a supermajority rule for proposing any amendment. Most commonly suggested is that the convention replace the traditional “majority of states decides” standard with a two thirds requirement.
I explained that this […]

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Still More Evidence That An Amendments Convention is a “Convention of States”

October 16, 2015 Rob Natelson 0

The term “convention of states” (or “convention of the states”) dates at least from the year 1780. By 1788 it was being applied specifically to a convention for proposing amendments under the new Constitution.
Throughout the 19th century, the phrase “convention of states” was probably the most common way to denominate an Article V convention—even more […]