This week, I have argued that the great overlooked question in constitutional law is the who question: who is bound by each clause and so who may violate it? These posts have attempted to answer this question for many of the most important clauses. They have also attempted to sketch some of the implications of […]
Archive | Constitutional Amendments
The Objects of the Fourteenth Amendment
By Nick Rosenkranz on September 23, 2011 11:55 pm in Constitutional Amendments, Constitutional Law, Constitutional Theory
This week, I have argued that the great overlooked question in constitutional law is the who question: who has allegedly violated the Constitution? The question is important, first, for simple reasons of constitutional accountability: if you care about the Constitution, you should care about who is violating it. But it is also important because it […]
The “Whole Constitution Pledge” Revisited
By Ilya Somin on September 23, 2011 10:05 pm in Constitutional Amendments, Constitutional Law, Constitutional Theory
David Gans of the Constitutional Accountability Center, the liberal organization that originated the “Whole Constitution Pledge” has a post commenting on various criticisms of the Pledge, including those by Eugene Volokh, Jonathan Adler, and myself: To take back America’s charter from the Tea Party, Constitutional Progressives – an initiative launched by the Constitutional Accountability Center […]
Should We Support the “Whole Constitution”?
By Ilya Somin on September 18, 2011 10:53 am in Constitutional Amendments, Constitutional Law, Constitutional Theory
Co-bloggers Eugene Volokh and Jonathan Adler have made some powerful criticisms of the “Whole Constitution Pledge”put together by various liberal organizations. As Jonathan points out, there are some parts of the Constitution that most liberals prefer to underenforce, if not completely repudiate. I would go further than that and note that at least a few […]
To Really Support the Whole Constitution
By Jonathan H. Adler on September 17, 2011 10:53 am in Constitutional Amendments, Constitutional Law
Echoing Eugene’s comment below, I would feel better about the Constitutional Progressives’ “Whole Constitution Pledge” if I were confident that the drafters and signatories were truly pledging to support the whole Constitution, and not just those which can be used to advance a progressive political agenda through the courts. Not only does the whole Constitution […]
The Whole Constitution Pledge
Here’s the Constitutional Progressives’ “Whole Constitution Pledge” that various liberal groups are asking people to sign: The Whole Constitution Pledge Through the Constitution, “We the People” created the most enduring government charter in world history. Building on the achievements of the Founding generation, successive generations of Americans have created a “more perfect union” through constitutional […]
Mandatory Road Repair Work and the Thirteenth Amendment Ban on Involuntary Servitude
Co-blogger Eugene Volokh recently cited the 1916 case of Butler v. Perry as an example of the reasoning that allows the Supreme Court to hold that some forms of forced labor do not violate the Thirteenth Amendment’s ban on involuntary servitude. Butler upheld a Florida law that required all adult males between the ages of […]
Philadelphia 1787 was not a runaway convention
So explains my Independence Institute colleague Rob Natelson, on his Our American Constitution blog. Forty-eight of the 55 delegates had instructions which allowed them to go beyond amending the Articles of Confederation. Rob’s research into early American history has found that constitutional conventions (for a new constitution, or to amending an existing document) had well-established […]
Reflections on the Repeal Amendment
Co-blogger Randy Barnett’s proposed Repeal Amendment has generated a great deal of controversy. The amendment would give a two thirds majority of the states the power to repeal any federal law or regulation. The idea has now been endorsed by a number of congressional Republicans, including soon-to-be House Majority Leader Eric Cantor. Randy argues that […]
Assessing the Impact of State Constitutional Amendments Banning Gay Marriage
By Ilya Somin on August 30, 2010 11:27 pm in Constitutional Amendments, Gay Marriage, Judicial Power
In this post commenting on the revelation that former Republican National Committee chairman Ken Mehlman is gay, Yale lawprof Jack Balkin argues that the recent spate of state anti-gay marriage constitutional amendments may significantly retard progress towards gay equality: [Ken] Mehlman was the chair of the Bush 2004 presidential campaign, which deliberately used opposition to […]