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  • Convention Rules for a Convention of the States

    Convention Rules for a Convention of the States0

    • May 28, 2017

    The convention of the states meeting in Phoenix, Arizona in September will need a set of rules. Moreover, that convention will be engaged in further rule-writing because the Arizona Legislature called it partly to suggest rules for a prospective Article V Convention for Proposing Amendments. I suggest the planners start with the Model Rules provided

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  • Where Congress’s Power to Regulate Immigration Comes From

    Where Congress’s Power to Regulate Immigration Comes From0

    • May 24, 2017

    Introduction. Earlier this year, a law journal published an exchange between two respected law professors—a conservative and a libertarian—about whether the Constitution authorizes Congress to regulate immigration. (The Constitution does not mention immigration except to say that Congress cannot not ban before 1808.) The conservative said “Yes,” and supported his position with some extremely liberal

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  • How Progressives Promoted the “Runaway Convention” Myth To Protect the “Warren Court’s” Judicial Activism

    How Progressives Promoted the “Runaway Convention” Myth To Protect the “Warren Court’s” Judicial Activism0

    • May 21, 2017

    You may have heard alarms that if we hold a national convention for proposing constitutional amendments the gathering would be an uncontrollable constitutional convention (“con-con”) that could propose anything at all. The claim is called the “runaway scenario.” It has almost no basis in history or law. But it has long frightened Americans away from

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  • Yes, the Constitution was adopted legally

    Yes, the Constitution was adopted legally0

    • May 17, 2017

    An old myth has showed up in the media again: the myth that delegates to the 1787 Constitution Convention violated their trust—that they produced a new constitution although empowered only to propose amendments to the Articles of Confederation. Fortunately, the claim that the 1787 convention had no authority to propose a new constitution is pure

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  • All In One Place: The Evidence that an Amendments Convention is a Traditional “Convention of the States”

    All In One Place: The Evidence that an Amendments Convention is a Traditional “Convention of the States”0

    • May 8, 2017

    You may have heard opponents of the Article V convention process claim that the make-up of a convention for proposing amendments is a “mystery”—that we have no idea of how the membership would be selected, how they would vote, etc. Those active in the Article V movement have known for some time that this is

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  • Court Rulings on Trump Travel Ban Endanger State Rules Used to Block School Choice

    Court Rulings on Trump Travel Ban Endanger State Rules Used to Block School Choice0

    • April 30, 2017

    Liberal politicos celebrating court decisions voiding President Trump’s travel orders seem not to have noticed something: Those decisions pose a direct threat to the state constitutional language they rely on to block school choice programs. This danger is not merely theoretical: The state constitutional language they rely on will come under Supreme Court scrutiny later

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