- Archives Home →
- Author Archives

Rob Natelson
-
December 18, 2015
The Constitution's Article V, Not the 10th Amendment, Gives State Legislatures Their Power in the Amendment ProcessSome advocates of a convention for proposing amendments are endangering the Article V movement by claiming the states can use the Tenth Amendment to control the convention process.
-
November 18, 2015
The Silver Lining in the Mistakes at the Assembly of State LegislaturesA setback for the Assembly of State Legislatures.
-
November 16, 2015
The Silver Lining in the Mistakes at the Assembly of State LegislaturesThe latest from the Article V movement.
-
November 12, 2015
Researching the Constitution's original forceHow to learn "the intent of the makers."
-
October 31, 2015
Voting Rules at a Convention of the StatesMore answers concerning Article V convention rules.
-
October 26, 2015
Planning for a Convention of the States for Proposing Constitutional AmendmentsBecause a convention seems increasingly likely, some state lawmakers have been engaged in advance planning, which is very wise. But not all suggestions are wise.
-
October 9, 2015
What Did The Founders Mean by 'Due Process of Law?'Hint: SCOTUS to the contrary, it had nothing to do with same-sex marriage
-
September 26, 2015
How a Famous English Convention Clarifies the Role of a Convention of StatesThe experience of the UK provides a model for the former colonies.
-
September 12, 2015
Arguing the Constitutional Case Against Birthright Citizenship for Children of IllegalsWhile the question of birthright citizenship is different from those cited as precedents, it is governed by precisely the same principles
-
September 4, 2015
Birthright Citizenship Opponents Should Not Rely on 14th Amendment Congressional DebatesArguably, if the Fourteenth Amendment had excluded foreigners and their progeny, it could not have achieved the goal of granting citizenship to newly freed slaves.
-
August 31, 2015
An Objective Guide to Birthright CitizenshipAnyone who tells you this is an easy question is not telling you the truth. It is an extraordinarily difficult question.
-
June 30, 2015
The Most Radical Decision Ever?The Court's decision represents a much greater departure than such widely-criticized Substantive Due Process cases as Dred Scott, Lochner v. New York, or Roe v. Wade.
-
June 23, 2015
A liberal Supreme Court majority grants businesses Bill of Rights protectionThe Court decides that businesses are covered by the Fourth Amendment.
-
April 27, 2015
Obamacare's constitutionality and the Origination Clause: New evidenceWhen the Senate substituted entrely new material for the original House-passed bill (H.R. 3590), did the Senate exceeded its constitutional power to amend the original measure?
-
March 20, 2015
Where Chief Justice Burger Likely Got His Anti-Amendment Convention ViewsWhy was Supreme Court Justice Warren Burger opposed to Article V?
-
March 16, 2015
Why the Senators' Letter to Iran was Both Necessary and AppropriateObama and the legal doctrine of 'Apparent Authority'
-
March 3, 2015
Campaign Finance Disclosure Requirements Violate the First AmendmentAlmost no one seems to know that the Citizens United case contained another ruling in addition to the one on corporate issue campaigns
-
December 15, 2014
The Greatest Constitutional Document of AllThe Magna Carta formed a basis for terms in key American governmental documents, including the Constitution.
-
December 1, 2014
Principles for Drafting a Balanced Budget AmendmentDrafting a politically and practically viable balanced budget amendment presents a considerable challenge. Fortunately, history offers us some valuable drafting lessons.
-
August 18, 2014
Failure to Call Amendments Conventions Helps Explain Modern Federal OverreachingNeglect of the Article V convention procedure has caused incalculable damage to the constitutional system.
-
August 5, 2014
Did Obamacare Violate the Constitution's Origination Clause? No. . . and YesOrigination Clause lawsuits are attacking the wrong part of the Affordable Care Act... ObamaCare.
-
July 14, 2014
Contraceptive Coverage: A 'Compelling Government Interest'?Hobby Lobby may appear to be a victory for liberty, but it presents a real risk of the Supreme Court sanctifying ObamaCare.
-
March 7, 2014
The Lamp of Experience: Constitutional Amendments WorkOpponents of a Convention of States long argued that there was an unacceptable risk a convention might do too much. Now they increasingly argue that amendments cannot do enough. Opponents will soon find their new position even less defensible than the old.
-
January 4, 2014
Lessons for Federalism from Colorado's Pot LegalizationIt's ironic that one of the few states' rights battles won in recent times was Colorado's decision to legalize marijuana in the teeth of federal laws to the contrary.
-
August 29, 2013
The Myth of a Runaway Amendments ConventionUnnecessary alarms have been raised by even some of the leading lights of conservatism based on an incomplete reading of history and judicial case law.