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  • More On Why Amendment Procedures Are Not Governed by the States’ Tenth Amendment Powers0

    • January 30, 2016

    A few groups pushing constitutional amendments are trying to convince state legislatures to adopt laws and interstate compacts that rely on state authority reserved by the Tenth Amendment. This is a serious mistake—one that likely will lead to defeat in the courts. In a recent article, I pointed out that the courts have held repeatedly

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  • The Impending Convention for Proposing Amendments — Part VI0

    • January 9, 2016

    Note: This is the last in a series of six articles that originally appeared in the Washington Post’s “Volokh Conspiracy,” a leading constitutional law website. Parts I – V appear below this post. How the Procedures for a Modern Amendments Convention May Unfold Parts I to V of this series discussed the background and nature

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  • The Impending Convention for Proposing Amendments — Part V0

    • January 3, 2016

    Note: This series of six articles originally appeared in the Washington Post’s “Volokh Conspiracy,” a leading constitutional law website. Parts I II, III, and IV appear below this post, and Part VI will be posted in the near future. How the Convention for Proposing Amendments Became the Subject of Popular Mythology Throughout the century and

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