Constitutional Convention

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.

The federal government is incapable of fixing itself. Another mechanism is needed.

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

Reasserting states rights.

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.”

There has been much debate about Professor Zephyr Teachout’s claim that the Foreign Emoluments Clause and other constitutional provisions show that the Framers were “obsessed” with corruption. Compare Zephyr Teachout,…

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…

Having 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.…

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…

Following 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…

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

Many conservative pundits have been tough on Rubio because of his role in pushing a controversial immigration reform bill in 2013. Rothman calls Rubio’s endorsement of Article V “a dangerous pander to one of the right’s worst ideas.” Rothman’s column is largely a collection of old arguments against the convention process and is peppered with speculative claims about Rubio’s motives.

ABC News reported on Sunday voters in New York will decide on a constitutional convention in 2017. The recent convictions of former New York state Assembly Speaker Sheldon Silver (D)…