Constitutional Convention

Representatives of state legislatures from across the nation will converge in Phoenix, Arizona on Sept. 12 to participate in a traditional American institution called a “convention of states.” 

In ancient mythology, the phoenix was a symbol of rebirth. As its former life came to an end in a show of flames and spontaneous combustion, a newer, even better life was born from the ashes of its predecessor.

Most state legislatures have filed applications with Congress demanding a national convention for proposing constitutional amendments. Americans are asking just what kind of convention the Constitution requires.

Was Scalia inconsistent? Did he change his mind after he became part of the government?

What did the American Founders actually intend for the country and does it even matter today?

Convinced that Congress is unlikely to cure federal dysfunction, most state legislatures have triggered the Constitution’s most important reform mechanism: They have applied for what the Constitution calls “a convention for proposing amendments.”

I promised to return to the subject of the Foreign Emoluments Clause and so today I will start a series of posts on the purposes of that Clause and whether…

Back 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…

The second important district court opinion on the justiciability of Article V claims is Idaho v. Freeman, 529 F.Supp. 1107 (D. Idaho 1981), judgment stayed sub nom. Natl Org. of…

In 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…

Control of the White House is shifting from the hands of President Barack Obama to celebrity television personality Donald Trump, potentially bringing huge reforms to the way the federal government does business.

Here are some last-minute tips on drafting proposed constitutional amendments.