Point of Order
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GovernmentLegal AffairsLiberty
The President and the Purposes of the Foreign Emoluments Clause (Part II): Titles of Nobility
by Michael Stern March 16, 2017There 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,…
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GovernmentLegal AffairsLiberty
The President and the Purposes of the Foreign Emoluments Clause (Part I)
by Michael Stern March 15, 2017I 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…
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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
Still More on Article V Justiciability: Idaho v. Freeman
by Michael Stern March 7, 2017The 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…
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In drafting Article V, as with all of the Constitution, the Framers were succinct. Their plain words were clearly understood at the time. But the practice of politics and government…
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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…