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Constitutional convention

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Full-Text Articles in Law

Taking Care With Text: "The Laws" Of The Take Care Clause Do Not Include The Constitution, And There Is No Autonomous Presidential Power Of Constitutional Interpretation, George Mader Oct 2022

Taking Care With Text: "The Laws" Of The Take Care Clause Do Not Include The Constitution, And There Is No Autonomous Presidential Power Of Constitutional Interpretation, George Mader

Faculty Scholarship

“Departmentalism” posits that each branch of the federal government has an independent power of constitutional interpretation—all branches share the power and need not defer to one another in the exercise of their interpretive powers. As regards the Executive Branch, the textual basis for this interpretive autonomy is that the Take Care Clause requires the President to “take Care that the Laws be faithfully executed” and the Supremacy Clause includes the Constitution in “the supreme Law of the Land.” Therefore, the President is to execute the Constitution as a law. Or so the common argument goes. The presidential oath to “execute …


Constitutional Custom Between ‎Theory And Practice, Suleiman Batarseh, Karim Kachek Nov 2021

Constitutional Custom Between ‎Theory And Practice, Suleiman Batarseh, Karim Kachek

Jerash for Research and Studies Journal مجلة جرش للبحوث والدراسات

This research aims to study constitutional conventions from a theoretical as well as a practical ‎perspective. ‎ From the theoretical point of view, the researchers focused on the origin, characteristics and ‎the value of constitutional conventions among the various branches of law. We concluded that ‎constitutional conventions play an eminent role in countries with a written constitution, ‎whereas they come after legislation in countries having a written document concerning the applications of constitutional conventions, we found out that they play a ‎creative role in Britain. In France, conventions interpret, complete and even modify the items ‎of the written constitution. ‎ …


Domestic Disorders: Suffrage And New York's Constitutional Convention Of 1867, Felice Batlan May 2018

Domestic Disorders: Suffrage And New York's Constitutional Convention Of 1867, Felice Batlan

Felice J Batlan

In this essay, Felice Batlan discusses New York State’s Constitutional Convention of 1867. She argues that it is (at least in part) the outcome of this convention and the antagonisms that it created that further propelled Elizabeth Cady Stanton and Susan Anthony to align with interests opposing African-American suffrage. It also shows the absolute mess of pursuing suffrage on a state by state basis and how legislators themselves equated the voting of African American men with women’s suffrage. The essay is part of a larger project in conversation with scholarship about Reconstruction in the North and a second body of …


Report And Recommendations Concerning Environmental Aspects Of The New York State Constitution, New York State Bar Association Environmental And Energy Law Section Oct 2017

Report And Recommendations Concerning Environmental Aspects Of The New York State Constitution, New York State Bar Association Environmental And Energy Law Section

Pace Law Review

The purpose of the Report is to inform and enrich understanding of environmental issues which may be considered at a Constitutional Convention (should one occur) or with respect to proposals to amend the Constitution through the legislative process.


Updating New York’S Constitutional Environmental Rights, Nicholas A. Robinson Oct 2017

Updating New York’S Constitutional Environmental Rights, Nicholas A. Robinson

Pace Law Review

The stakes are high as New York State considers whether to amend the constitution. The electorate contemplates the gathering crises of sea level rise, disruption of weather patterns, intensified summer heat waves, and other climate change impacts. New York also faces escalating environmental problems, which the newly perceived climate impacts in turn exacerbate. It is timely to debate whether or not New York should recognize the right to the environment to its constitution. In 2016, the House of Delegates of the New York State Bar Association adopted the report of its committee on the constitution, regarding the environmental conservation article …


Subnational Environmental Constitutionalism And Reform In New York State, James R. May Oct 2017

Subnational Environmental Constitutionalism And Reform In New York State, James R. May

Pace Law Review

The State of New York’s constitution was perhaps the first in the world to embody environmental constitutionalism, most directly in what is known as its “Forever Wild” mandate from 1894. In contrast to many subnational environmental provisions, courts in New York have regularly enforced Forever Wild. New York’s Constitution also contains a remarkable mandate that every twenty years voters decide whether to hold elections for delegates to convene a convention to amend the state’s constitution, with the next such opportunity on November 7, 2017. This article explores how subnational constitutionalism from around the world informs discussions about whether and how …


Home Rule In New York: The Need For A Change, Michael A. Cardozo, Zachary W. Klinger Oct 2017

Home Rule In New York: The Need For A Change, Michael A. Cardozo, Zachary W. Klinger

Pace Law Review

This article is intended to provide a practical lens into how Home Rule issues unfold in complex matters involving the City, and to suggest how a much-needed Home Rule constitutional amendment could re-shape or, at the very least, clarify Home Rule standards. Section II will provide some historical and legal background on Home Rule; Section III will analyze some of the more well-known Home Rule cases that the Law Department litigated during the Bloomberg Administration; and Section IV will discuss insights gleaned with respect to, and will offer several recommendations for, the future of Home Rule in New York.


The Constitutional Convention And Court Merger In New York State, Jay C. Carlisle, Matthew J. Shock Oct 2017

The Constitutional Convention And Court Merger In New York State, Jay C. Carlisle, Matthew J. Shock

Pace Law Review

In November 2017, voters in New York, for the first time in twenty years, will be asked to decide whether there “[s]hall be a convention to revise the constitution and amend the same?” If it is decided by the electorate to call a convention, “delegates will be elected in November 2018, and the convention will convene in April 2019.” One of the significant goals of a convention would be the achievement of court merger in the Empire State. The purpose of this perspective is to discuss the pros and cons of a constitutional convention with an emphasis on court merger.


The Road To A Constitutional Convention: Reforming The New York State Unified Court System And Expanding Access To Civil Justice, Jonathan Lippman Oct 2017

The Road To A Constitutional Convention: Reforming The New York State Unified Court System And Expanding Access To Civil Justice, Jonathan Lippman

Pace Law Review

This article will focus on the judiciary reforms and access to justice—starting with reforms to the structure of the Unified Court System and discussing other ways that a constitutional convention might serve to improve the operation of the courts. The article will then explore the state’s deficiency in providing its low-income citizens access to justice in civil matters relating to housing, family safety and security, and subsistence income, and how a convention can highlight these issues.


Constitutionalizing Ethics, Bennett L. Gershman Oct 2017

Constitutionalizing Ethics, Bennett L. Gershman

Pace Law Review

The purpose of this essay is not to weigh in the wisdom or utility in revising New York’s Constitution. However, in my opinion, one of the most compelling reasons to amend New York’s Constitution is the need to incorporate into the fundamental charter a meaningful code of ethics, including procedures for its enforcement, and sanctions for violations. New York over the past fifteen years has experienced more scandals, criminal prosecutions, and convictions of lawmakers and other government officials for corruption than any state in the nation. It is certainly arguable that the extent of New York’s corruption, and the widespread …


Unusual “Politics As Usual”: The 2017 Ballot Proposition Calling For A Constitutional Convention In New York, Peter J. Galie Oct 2017

Unusual “Politics As Usual”: The 2017 Ballot Proposition Calling For A Constitutional Convention In New York, Peter J. Galie

Pace Law Review

The first task of constitutional reformers is to make the people of the state aware that they live under a constitution that, for better or worse, affects their everyday lives whether they live on in remotes sections of the Adirondacks routes in villages or a teeming megalopolis. Until this is done, the people are not likely to demand or even accept the more thoroughgoing revision so badly needed in New York.


The Amending Clause In The New York Constitution And Conventionphobia, Gerald Benjamin Oct 2017

The Amending Clause In The New York Constitution And Conventionphobia, Gerald Benjamin

Pace Law Review

The amending clause is the nineteenth of the New York State Constitution’s twenty articles. Followed only by the enacting clause, for all intents and purposes this is the document’s final word. Well, maybe not the final word. An alternative is to think of this amending clause as a part of an ongoing several-centuries-long conversation. The clause is a message from one past group of designers and drafters of New York’s governing system, the 1846 Constitutional Convention majority, to all of us who gave them the charge to “secure [for us] the blessings of freedom,” that is to “we the people” …


Hope Vs. Fear: The Debate Over A State Constitutional Convention, Henry M. Greenberg Oct 2017

Hope Vs. Fear: The Debate Over A State Constitutional Convention, Henry M. Greenberg

Pace Law Review

On November 7, 2017, New Yorkers will go to their polling places and receive ballots containing a thirteen-word referendum question: “Shall there be a convention to revise the constitution and amend the same?” That question appears on the ballot because the New York State Constitution commands that at least once every twenty years voters are asked whether or not to call a constitutional convention. The mandatory referendum reflects Thomas Jefferson’s belief that every generation the people should be given a chance to revise their basic law.


Environmental Human Rights In New York’S Constitution, Nicholas A. Robinson Oct 2017

Environmental Human Rights In New York’S Constitution, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

There is an environmental case to be made in favor of convening a Constitutional Convention. On the 200th anniversary birth of Henry David Thoreau, we can remember his admonition: “Live in each season as it passes; breathe the air, drink the drink, taste the fruit, and resign yourself to the influence of the earth.” What has this to do with the Constitution?


Domestic Disorders: Suffrage And New York's Constitutional Convention Of 1867, Felice Batlan Mar 2016

Domestic Disorders: Suffrage And New York's Constitutional Convention Of 1867, Felice Batlan

ConLawNOW

In this essay, Felice Batlan discusses New York State’s Constitutional Convention of 1867. She argues that it is (at least in part) the outcome of this convention and the antagonisms that it created that further propelled Elizabeth Cady Stanton and Susan Anthony to align with interests opposing African-American suffrage. It also shows the absolute mess of pursuing suffrage on a state by state basis and how legislators themselves equated the voting of African American men with women’s suffrage. The essay is part of a larger project in conversation with scholarship about Reconstruction in the North and a second body of …


Is It Time To Rewrite The Constitution? Fidelity To Our Imperfect Constitution, James E. Fleming Mar 2015

Is It Time To Rewrite The Constitution? Fidelity To Our Imperfect Constitution, James E. Fleming

Faculty Scholarship

This essay considers arguments that the U.S. Constitution is so imperfect — and the constitutional and political system so dysfunctional or otherwise failing — that it is time to rewrite the Constitution through amendment or constitutional convention. I argue that if we adopt and maintain an attitude of fidelity to our imperfect Constitution, it may be unnecessary to formally amend the Constitution unless there is good reason to believe that something better might come out of this process. The better approach is to maintain an attitude of fidelity to the imperfect Constitution and to apply a Constitution-perfecting theory — to …


Founding-Era Conventions And The Meaning Of The Constitution’S “Convention For Proposing Amendments”, Robert G. Natelson Jan 2013

Founding-Era Conventions And The Meaning Of The Constitution’S “Convention For Proposing Amendments”, Robert G. Natelson

Robert G. Natelson

Under Article V of the U.S. Constitution, two thirds of state legislatures may require Congress to call a “Convention for proposing Amendments.” Because this procedure has never been used, commentators frequently debate the composition of the convention and the rules governing the application and convention process. However, the debate has proceeded almost entirely without knowledge of the many multi-colony and multi-state conventions held during the eighteenth century, of which the Constitutional Convention was only one. These conventions were governed by universally-accepted convention practices and protocols. This Article surveys those conventions and shows how their practices and protocols shaped the meaning …


Founding Era Conventions And The Constitution's "Convention For Proposing Amendments", Robert G. Natelson Dec 2012

Founding Era Conventions And The Constitution's "Convention For Proposing Amendments", Robert G. Natelson

Robert G. Natelson

Under Article V of the U.S. Constitution, two thirds of state legislatures may require Congress to call a “Convention for proposing Amendments.” Because this procedure has never been used, commentators frequently debate the composition of the convention and the rules governing the application and convention process. However, the debate has proceeded almost entirely without knowledge of the many multi-colony and multi-state conventions held during the eighteenth century, of which the Constitutional Convention was only one. These conventions were governed by universally-accepted convention practices and protocols. This Article surveys those conventions and shows how their practices and protocols shaped the meaning …


What Is A Constitutional Convention?, Peter J. Aschenbrenner Feb 2012

What Is A Constitutional Convention?, Peter J. Aschenbrenner

Peter J. Aschenbrenner

‘State constitutional assembly’ is defined along with three subsidiary definitions; difficulties are addressed and solutions proposed; a survey of the 994 assemblies (1775 to 2010) is supplied, and the proposed definition defended; issues for further development are noted.


The Case For Original Intent, Jamal Greene Jan 2012

The Case For Original Intent, Jamal Greene

Faculty Scholarship

This Article seeks to situate the constitutional culture's heavy reliance on the Convention debates within an academic environment that is generally hostile to original intent arguments. The Article argues that intentionalist-friendly sources like the Convention records and The Federalist remain important not because they supply evidence of original meaning but rather because the practice of advancing historical arguments is best understood as a rhetorical exercise that derives persuasive authority from the heroic character of the Founding generation. This exercise fits within a long tradition of originalist argument and need not be abandoned in the quest for a more perfect originalism.


Foreword: Divine Operating System?, Glenn Harlan Reynolds Apr 2011

Foreword: Divine Operating System?, Glenn Harlan Reynolds

Scholarly Works

This Foreword to a Tennessee Law Review symposium on the implications of a federal constitutional convention surveys a number of proposals for reining in the growth of federal government power and spending, ranging from the creation of a new house of Congress with the sole power to repeal bills, to more mundane proposals such as a balanced budget amendment and term limits.


Constitutional Possibilities, Lawrence B. Solum Jan 2008

Constitutional Possibilities, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

What are our constitutional possibilities? The importance of this question is illustrated by the striking breadth of recent discussions, ranging from the interpretation of the United States Constitution as a guarantee of fundamental economic equality and proposals to restore the lost constitution to arguments for the virtual abandonment of structural provisions of the Constitution of 1789. Such proposals are conventionally understood as placing constitutional options on the table as real options for constitutional change. Normative constitutional theory asks the question whether these options are desirable--whether political actors (citizens, legislators, executives, or judges) should take action to bring about their plans …


James Madison And The Constitution's “Convention For Proposing Amendments", Robert G. Natelson Jan 2001

James Madison And The Constitution's “Convention For Proposing Amendments", Robert G. Natelson

Robert G. Natelson

This article traces the progress of James Madison's thought on the Constitution's "convention for proposing amendments as a way for states to assert themselves against the federal government. Madison saw the convention as an important part of the Constitution, and a constitutional alternative to nullification.


New York's State Constitution In National Context, Robert F. Williams Jan 1998

New York's State Constitution In National Context, Robert F. Williams

Touro Law Review

No abstract provided.


Some Effectual Power: The Quantity And Quality Of Decisionmaking Required Of Article Iii Courts, James S. Liebman, William F. Ryan Jan 1998

Some Effectual Power: The Quantity And Quality Of Decisionmaking Required Of Article Iii Courts, James S. Liebman, William F. Ryan

Faculty Scholarship

Did the Framers attempt to establish an effectual power in the national judiciary to void state law that is contrary tofederal law, yet permit Congress to decide whether or not to confer federal jurisdiction over cases arising under federal law? Does the Constitution, then, authorize its own destruction? This Article answers "yes" to the first question, and "no" to the second. Based on a new study of the meticulously negotiated compromises that produced the texts of Article HI and the Supremacy Clause, and a new synthesis of several classic Federal Courts cases, the Article shows that, by self-conscious constitutional design, …


New York State Bar Association Committee On State Constitution: Summary Of 1993 Activities, Jerry Boone, Shirley A. Siegel Jan 1994

New York State Bar Association Committee On State Constitution: Summary Of 1993 Activities, Jerry Boone, Shirley A. Siegel

Touro Law Review

No abstract provided.


New York State Bar Association Committee On State Constitution: Summary Of 1990 Activities Jan 1991

New York State Bar Association Committee On State Constitution: Summary Of 1990 Activities

Touro Law Review

No abstract provided.


In The Beginning: The Washington Supreme Court A Century Ago, Charles H. Sheldon, Michael Stohr-Gillmore Jan 1989

In The Beginning: The Washington Supreme Court A Century Ago, Charles H. Sheldon, Michael Stohr-Gillmore

Seattle University Law Review

This Article will discuss (1) the politics that influenced the drafting of the judicial article (article IV) in the constitutional convention; (2) the election of the first five members of the bench and the backgrounds of those inaugural judges; (3) the particular approach toward judicial review adopted by these five jurists (activism-restraint); and (4) the personal relations among these members of the supreme court. This Article will provide a personal perspective of the first five judges and their court.


The Procedure Of State Constitutional Change -- With Special Emphasis On The South And Florida, Albert L. Strum Oct 1977

The Procedure Of State Constitutional Change -- With Special Emphasis On The South And Florida, Albert L. Strum

Florida State University Law Review

No abstract provided.


Legislative Efforts To Amend The Florida Constitution: The Implications Of Smathers V. Smith, James Bacchus Oct 1977

Legislative Efforts To Amend The Florida Constitution: The Implications Of Smathers V. Smith, James Bacchus

Florida State University Law Review

No abstract provided.