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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 […]

What is An Amendments Convention? A Quick Intro

April 9, 2015 Rob Natelson 0

Are you a journalist or other citizen who needs a quick overview of the Constitution’s Article V “Convention for Proposing Amendments?” Get our issue paper, “Curing Federal Dysfunction by Constitutional Amendment: A Primer.”
It’s a vital resource for anyone who wants a quick and accurate overview of the process.
It explains what a Convention for Proposing Amendments […]

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Where Chief Justice Burger Likely Got His Anti-Amendment Convention Views

March 20, 2015 Rob Natelson 0

This article originally appeared in the American Thinker.
Opponents of the Constitution’s Article V convention method of proposing amendments tout three letters written in the 1980s by former Chief Justice Warren Burger. In those letters, Burger took a very hard line against any convention of states that might bypass Congress and propose corrective constitutional amendments.
I’ve previously […]

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Article V Opponents Now Peddling Article 23 Years Out of Date

January 18, 2015 Rob Natelson 0

The latest tactic in Article V opponents’ game of “Whac-A-Mole”* is the circulation of an article 23 years out of date.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 Eidsmoe.
The […]