Article V Convention
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We know that any proposal for change, including reforms, will meet with opposition.
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When one reviews the culture of the American colonies in the late 18th century and compares it to the United States today, it is surprising that the Constitution that was ratified in 1788 is still largely intact and our republic has survived.
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GovernmentLegal AffairsLibertyUncategorized
How the Hamilton Electors Show that an Article V Convention Cannot Run Away
by Michael Stern March 9, 2017Back in 2011, I wrote a law review article discussing concerns that a limited convention for proposing amendments called under Article V could propose one or more amendments outside the…
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GovernmentLegal AffairsLiberty
Would a Court Hear a Challenge to Congress’s Article V Convention Call?
by Michael Stern March 8, 2017Having reviewed the most prominent cases regarding the justiciability of Article V claims, today I will analyze how a court would approach the hypothetical lawsuit discussed in an earlier post.…
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GovernmentLegal AffairsLiberty
More on Article V Justiciability: Dyer v. Blair
by Michael Stern March 6, 2017In my last post on the justiciability of Article V cases, we discussed the Supreme Court’s 1939 decision in Coleman v. Miller and whether that decision would be applied broadly…
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GovernmentLegal AffairsLiberty
If All You’ve Got is a Hammer, Everything Looks Like a Nail
by Fritz Pettyjohn March 6, 2017There are ins and outs of politics — the inside game, and the outside. The outside comes from the voters — public pressure. With millions of dollars at its disposal,…
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GovernmentLegal AffairsLiberty
Coleman v. Miller and the Political Question Doctrine
by Michael Stern March 5, 2017Following on my last post, our analysis of the justiciability of claims related to the Article V convention will begin with Coleman v. Miller, 307 U.S. 433 (1939) and the…
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GovernmentLegal AffairsLiberty
The Justiciability of Controversies Related to the Article V Convention
by Michael Stern March 4, 2017As you may know, there is increasing chatter about the possibility of Congress calling an Article V “convention for proposing amendments” (sometimes referred to, inaccurately, as a “constitutional convention”). Recently…
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The remote northern edge of the American Rocky Mountains, in northern Idaho and western Montana, is the last stronghold of the John Birch Society. These two States are where passage…
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GovernmentLegal AffairsLiberty
Let’s Fight the Enemy, Not Each Other
by Fritz Pettyjohn March 3, 2017All Article V proposals face a common enemy, the frightening spectre of a “runaway” Convention that somehow subverts our Constitution. This fantasy was originally ginned up in the 60’s by,…
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Budgets/TaxesFeaturedGovernmentLegal AffairsLibertyPodcast
Heartland Daily Podcast – Barry Poulson: Article V Balanced Budget Amendment Resolutions
by Lindsey Stroud February 14, 2017In this Heartland Daily Podcast, Heartland’s government relations coordinator Lindsey Stroud talks with Dr. Barry Poulson on his constitutional reform efforts through Article V of the United States Constitution. Article…
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Budgets/TaxesLegal AffairsLiberty
Texas Republicans Overwhelmingly Approve Article V into State’s Party Platform
by Kyle Maichle May 24, 2016On May 13, delegates to the state convention for the Republican Party of Texas approved a plank in the party’s platform that supports an Article V convention. The plank received…
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Budgets/TaxesLegal AffairsPolitics
Delaware Becomes First State since 2010 to Rescind an Article V Application
by Kyle Maichle May 11, 2016The Delaware General Assembly on May 3rd became the first state since 2010 to rescind an application for an Article V convention. The state’s Senate approved House Concurrent Resolution 60…