state legislatures
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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
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
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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GovernmentLegal AffairsLiberty
Article V and the Single Amendment Convention
by Michael Stern March 3, 2017Can an Article V convention for proposing amendments be limited to considering a single amendment specified by the state legislatures in their applications? Even within the relatively sparse literature on…