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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 […]