Supreme Court’s ruling against the PC police

Supreme Court’s ruling against the PC police

The Supreme Court’s decision this week in Matal v. Tam sent a clear warning to government officials who seek to curtail speech they deem offensive: We won’t let you do it! The warning was particularly pointed for the PC Police at state universities who try to close down viewpoints they find “offensive.” A federal law ordered the Patent and Trademark Office to refuse to register any trademark deemed disparaging of any person or group. In a higher profile case than Matal v. Tam, the…

Read More Read More

The Define and Punish Clause doesn’t authorize vast federal power either

The Define and Punish Clause doesn’t authorize vast federal power either

Legal commentators have spread a good deal of ink trying to show that the Constitution authorizes the enormous expansion of the federal government since the 1930s. Leading the way have been some associated—as professors, students, or alumni—with the most privileged educational institutions: Harvard, Yale, Chicago, and so forth. Their publications inflated the Commerce Clause to comprehend almost every activity in modern life. They tore the Necessary and Proper Clause from its intended moorings and re-fit it to carry almost unlimited…

Read More Read More

Fake News: How Two Leading Newspapers Spread the “Runaway Convention” Story in the 1960s & 1970s

Fake News: How Two Leading Newspapers Spread the “Runaway Convention” Story in the 1960s & 1970s

Although there were scattered antecedents, “runaway convention” claims and certain associated myths were first distributed widely during the 1960s and 1970s. In a previous Article V Information Center study, I documented how those stories were publicized by leading opinion-molders in national liberal establishment. Their goal was to disable the Article V convention process to prevent proposal of constitutional amendments to restrain the federal government. Now a new Article V Information Center study shows how the two leading newspapers of the…

Read More Read More

The Convention of States in American History

The Convention of States in American History

In this short essay, constitutional historian Rob Natelson thumbnails the three-centuries long history of “conventions of the states.” When delegations from the states assemble in Phoenix, Arizona later this year, they will be basking in a long and rich American tradition. As far back as 1677, British colonies in North America sent “commissioners” (delegates) to meet with each other to discuss common issues. These gatherings were essentially problem-solving task forces. That is, they were temporary assemblies charged with proposing solutions…

Read More Read More

Convention Rules for a Convention of the States

Convention Rules for a Convention of the States

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 here. It is an update of rules prepared by a drafting team I headed in 2015 and 2016. It offers advantages no other proposed rules…

Read More Read More