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Full-Text Articles in Law
Case For Calling An Article V Convention, Paul D. Carrington
Case For Calling An Article V Convention, Paul D. Carrington
Faculty Scholarship
No abstract provided.
The State-Application-And-Convention Method Of Amending The Constitution: The Founding Era Vision, Robert G. Natelson
The State-Application-And-Convention Method Of Amending The Constitution: The Founding Era Vision, Robert G. Natelson
Faculty Law Review Articles
No abstract provided.
Proposing Constitutional Amendments By Convention: Rules For Governing The Process, Robert G. Natelson
Proposing Constitutional Amendments By Convention: Rules For Governing The Process, Robert G. Natelson
Faculty Law Review Articles
Much of the mystery surrounding the Constitution's state-application-and-convention amendment process is unnecessary as history and case law enable us to resolve most questions. This article is the first in legal literature to access the full Founding-Era record on the subject, including the practices of inter-colonial and interstate conventions held during the 1770s and 1780s. Relying on that record, together with post-Founding practices, understandings, and case law, this article clarifies the rules governing applications and convention calls, and the roles of legislatures and conventions in the process. The goal of the article is objective exposition rather tan advocacy or special pleading.