Saving Article V from Natelson: A "Convention of States" Requires States
Recap and Overview Mr. Natelson has attacked the Compact approach to Article V because he denies that the Tenth Amendment guarantees a role for state sovereignty in enforcing and filling the gaps of Article V. As explained in our second and third articles in this series, he has arrived at this position by misinterpreting cases as ruling state sovereignty has no role in Article V when, in fact, those cases only say that states cannot claim sovereign power to contradict the mod
States are Uniting to Fix the Debt. Join Us.
The federal government’s unlimited borrowing capacity has led to deficit spending and unfunded entitlement program promises that threaten fiscal calamity as the Baby Boom increasingly becomes the Retirement Boom. There is, however, a solution. And it requires your help. You are invited to attend the first full meeting of the Compact Commission of the Compact for a Balanced Budget. The Commission is the first interstate agency formed to represent the States in uniting to advan
Saving Article V from Natelson: Rinse and Repeat
Recap The second article in the “Saving Article V from Natelson” series revealed that not a single case supports Mr. Natelson’s attack on the Compact approach to Article V. Not one. Contrary to Natelson, courts have never precluded the states from autonomously exercising their sovereignty to supplement the text of Article V where doing so was consistent with its text and purpose. This expose of Mr. Natelson’s meritless legal analysis followed our first article in which we rev
Where's the Beef, Mr. Natelson?
Retired law professor Robert Natelson's latest blog claims that the Supreme Court case of Hawke v. Smith, 253 U.S. 221 (1920), stands against the constitutionality of the Compact approach to Article V. As per usual, Mr. Natelson's interpretation of case law is wrong. The holding of Hawke is simply that a popular referendum cannot overturn the ratification of an amendment by a state legislature when Congress chooses ratification by state legislature. Although Mr. Natelson pref
Saving Article V from Natelson: Fictional Case Analysis Exposed and Corrected
Recap & Overview The first article in the Saving Article V from Natelson series highlighted the fundamental incoherence of Mr. Natelson’s theory of Article V. Specifically, we observed that it is patently illogical for Mr. Natelson to claim, on the one hand, that state legislatures exercise Article V power to the exclusion of any sovereign power enjoyed by the states under the Tenth Amendment, while claiming, on the other hand, that pre-constitutional interstate convention pr
Saving Article V from Natelson: The First in a Series
Over a month ago, retired law professor Rob Natelson came out of the closet and published a report attacking the constitutionality of the Compact for America approach to Article V. In fact, for quite some time, Mr. Natelson had been privately sniping at the constitutionality of the Compact approach and undermining its acceptance among policy makers, academics, analysts, activists and donors. The sniping occurred despite the adoption of the Compact for America approach to Arti
