DOCSLIB.ORG

Creates a Legal Pleading

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Creates a Legal Pleading 1 Assigned Judge:Coughenour 2 3 4 BILL WALKER 5 PRO SE 6 PO BOX 698 7 AUBURN, WA 98071-0698 8 TELEPHONE:(253) 735-8860 9 10 UNITED STATES DISTRICT COURT, 11 WESTERN DISTRICT OF WASHINGTON 12 AT SEATTLE 13 BILL WALKER, BRIEF IN SUPPORT OF MOTION SEEKING PLAINTIFF, DECLARATORY AND INJUNCTIVE RELIEF IN v. FINDING UNCONSTITUTIONAL THE FAILURE OF CONGRESS TO CALL A CONVENTION TO THE UNITED STATES OF AMERICA PROPOSE AMENDMENTS UPON RECEIPT OF Defendant PROPER NUMBER OF APPLICATIONS BY THE SEVERAL STATES AS PRESCRIBED IN ARTICLE V OF THE UNITED STATES CONSTITUTION. C. A. No. COO-2125C 14 BRIEF IN SUPPORT OF CONVENTION BILL WALKER---PRO SE GENERAL BRIEF ARGUMENTS PO BOX 698, AUBURN, WA 98071-0698 PAGE 1 TEL: (253) 735-8860 1 TABLE OF CONTENTS 2 3 TABLE OF AUTHORITIES.........................................................7 4 ARTICLE CITATIONS ........................................................7 5 SUPREME COURT CITATIONS ..................................................8 6 OTHER COURT CITIATIONS ..................................................13 7 GENERAL REFERENCE CITATIONS .............................................14 8 STATUTORY AND CONGRESSIONAL CITATIONS ..................................14 9 CONGRESSIONAL RECORD CITATIONS ..........................................16 10 APPLICATIONS..........................................................16 11 RECESSIONS............................................................27 12 MISCELLANOUS CITATIONS ..................................................28 13 INTRODUCTION................................................................29 14 PURPOSES OF MOTION AND ORDER................................................33 15 ARGUMENTS SUPPORTING JUDICIABLITY OF ACTION.................................37 16 JURISDICTION ............................................................37 17 VENUE ...................................................................37 18 REMEDY SOUGHT ...........................................................38 19 STATEMENT OF FACTS ......................................................39 20 STANDING OF PLANTIFF TO BRING SUIT ......................................40 21 INTRODUCTION..........................................................40 22 REQUIREMENTS OF STANDING ESTABLISHED BY THE COURT.....................40 23 FEDERAL STANDING: THE CAPLAN OPINION..................................41 24 SUMMATION.............................................................55 25 SPECIFIC ISSUES OF STANDING...........................................55 26 ISSUE OF STANDING (1): DENIAL OF RIGHT TO VOTE ..........................56 27 ISSUE OF STANDING (2): DENIAL OF RIGHT TO ASSOCIATE .....................67 28 ISSUE OF STANDING (3): DENIAL OF RIGHT OF REDRESS .......................76 29 ISSUE OF STANDING (4): VIOLATION OF THE DOCTRINE OF SEPARATION OF POWERS 85 30 ISSUE OF STANDING (5): DENIAL OF RIGHT TO SEEK PUBLIC OFFICE ...........103 31 ISSUE OF STANDING (6): VIOLATION OF CONSTITUTION PER SE ................119 32 THE TRANSGRESSION OF FAIRCHILD.......................................119 33 THE OVERLOOKED IMPERATIVES...........................................124 34 THE COURT JUSTIFICATION OF STANDING..................................128 35 THE SUIT AND EQUITY ISSUE............................................136 36 THE EQUAL PROTECTION EFFECT..........................................141 37 THE STIPULATIONS OF STANDING.........................................145 38 THE RECALCITRANT GATEKEEPER..........................................147 39 STANDING: THE FINAL BASTION OF PLESSY?...............................148 40 THE PER SE ASSERTION—SHUTTLESWORTH AND BROWN.........................151 41 THE POLITICAL QUESTION ISSUE ...........................................163 42 THE OBVIOUS PLOY.....................................................164 43 A TEXTUALLY DEMONSTRABLE CONSTITUTIONAL COMMITMENT...................169 44 A LACK OF JUDICIALLY DISCOVERABLE STANDARDS..........................177 45 AN INITIAL POLICY OF CLEARLY NONJUDICIAL DISCRETION..................178 46 A LACK OF RESPECT DUE COORDINATE BRANCHES OF GOVERNMENT..............180 47 UNQUESTIONING ADHERENCE TO A POLITICAL DECISION ALREADY MADE.........182 48 THE QUESTION OF POTENTIAL EMBARRASSMENT..............................183 49 THE SPEECH AND DEBATE CLAUSE—A PROTECTION, NOT AN IMMUNITY...........186 50 SUMMATION OF JUDICIABLE ARGUMENTS....................................190 51 CONSTITUTIONAL CONVENTION OR CONVENTION TO PROPOSE AMENDMENTS: WHAT’S THE 52 DIFFERENCE?................................................................207 53 CONSTITUTIONAL CONVENTION HISTORY..........................................215 54 INTRODUCTION ...........................................................215 55 EVENTS LEADING UP TO THE CONVENTION OF 1787 ............................216 56 THE CONSTITUTIONAL CONVENTION OF 1787 AND THE GREAT COMPROMISE .........218 BRIEF IN SUPPORT OF CONVENTION BILL WALKER---PRO SE GENERAL BRIEF ARGUMENTS PO BOX 698, AUBURN, WA 98071-0698 PAGE 2 TEL: (253) 735-8860 1 INTRODUCTION TO THE AMENDATORY PROVISION ...............................219 2 THE AMENDATORY PROVISION: THE RECORD ...................................222 3 MAY 29----JUNE 11: THE VIRGINIA PLAN.................................222 4 JUNE 29----JULY 23: MISCELLANEOUS CONCERNS...........................226 5 JULY 26----AUGUST 6: COMMITTEE OF DETAIL.............................229 6 AUGUST 30----SEPTEMBER 10: ARTICLE XIX...............................232 7 SEPTEMBER 12----SEPTEMBER 17: ARTICLE V..............................237 8 SUMMARY OF RECORD REGARDING PRIMARY ISSUES .............................243 9 NEED FOR AN AMENDMENT PROCESS AND THE CONVENTION METHOD..............243 10 ROLE OF THE STATES AND CONGRESS IN PROPOSING AMENDMENTS..............244 11 RATIFICATION: METHOD AND NUMBER OF STATES REQUIRED...................246 12 AMENDMENT (SINGULAR) VS. AMENDMENTS (PLURAL).........................247 13 POST-CONVENTION DISCUSSION OF ARTICLE V ................................251 14 AMENDING THE CONSTITUTION BY THE CONVENTION METHOD.........................267 15 CONGRESS’ LIMITED ROLE IN CALLING A CONVENTION FOR PROPOSING AMENDMENTS....275 16 INTRODUCTION ...........................................................275 17 LIMITED POWER GRANTED TO CONGRESS BY ARTICLE V.......................275 18 LEGISLATIVE PROCEDURE ISSUES.........................................280 19 DEFINITION AND LIMITS OF THE CONGRESSIONAL “CALL”...................286 20 CONGRESSIONAL PROPOSALS ATTEMPTING TO LIMIT ARTICLE V ..................290 21 LEGISLATIVE HISTORY..................................................290 22 POLITICAL PRE-CONDITIONS FOR CALLING A CONVENTION TO PROPOSE AMENDMENTS....292 23 INTRODUCTION ...........................................................293 24 THE NECESSARY AND PROPER CLAUSE PRE-CONDITION ..........................294 25 THE SINGLE SUBJECT PRE-CONDITION .......................................308 26 INTRODUCTION.........................................................308 27 THE BASIS OF THE SAME SUBJECT PRE-CONDITION..........................309 28 THE ERRONEOUS HISTORIC BASIS OF THE SAME SUBJECT PRE-CONDITION.......311 29 A BRIEF SUMMATION OF THE HISTORY OF ARTICLE V........................316 30 THE RIGHT OF DISCUSSION ISSUE........................................318 31 LEGISLATIVE ISSUES REGARDING SAME SUBJECT PRE-CONDITION..............324 32 INSUFFICIENT APPLICATIONS PRE-CONDITION ................................328 33 THE CONTEMPORARY PRE-CONDITITON ........................................331 34 THE DEFINITION “PROBLEM”.............................................332 35 THE CONGRESSIONAL LACHES “PROBLEM”...................................335 36 THE EX POST FACTO “PROBLEM”..........................................337 37 THE 27TH AMENDMENT “PROBLEM” .........................................341 38 THE DILLON V. GLOSS “PROBLEM”........................................344 39 THE “RUNAWAY” CONVENTION PRE-CONDITION .................................350 40 THE PROTECTIONISM MOVEMENT PRE-CONDITION ...............................362 41 CONGRESSIONAL CALL SANS STATE APPLICATIONS PRE-CONDITION ...............363 42 THE RATIFICATION “VETO” PRE-CONDITION ..................................364 43 THE TIME LIMIT RATIFICATION “PROBLEM”................................364 44 SUMMATION ON PRE-CONDITIONS ............................................369 45 THE INABILITY OF STATES TO LIMIT AN ARTICLE V CONVENTION...................371 46 DECISION AND RECESSION .................................................375 47 INTRODUCTION.........................................................375 48 THE IMPORTANCE OF THE “LITTLE” WORDS.................................375 49 DECISION.............................................................380 50 RECESSION............................................................390 51 THE TREATY OF PARIS AND THE CONVENTION.....................................403 52 INTRODUCTION ...........................................................403 53 DEFINITIONS ............................................................406 54 WHAT IS INDEPENDENCE?................................................406 55 WHAT IS SOVEREIGNTY?.................................................407 56 WHAT IS A SUBJECT?...................................................407 57 WHAT IS A CITIZEN?...................................................407 58 WHAT IS A TREATY?....................................................408 BRIEF IN SUPPORT OF CONVENTION
Load more

Recommended publications
  • The Article V Movement
    THE ARTICLE V MOVEMENT: A COMPREHENSIVE ASSESSMENT TO DATE AND SUGGESTED APPROACH FOR STATE LEGISLATORS AND ADVOCACY GROUPS MOVING FORWARD authored by David F. Guldenschuh July 31, 2015 TABLE OF CONTENTS Section Title Page Introduction 1 I. The Primary Article V Convention Advocacy Groups 2 A. The Balance Budget Amendment Task Force 2 B. The Convention of States Project 4 C. Wolf PAC - Free and Fair Elections 6 D. Compact for America 6 II. Educational Efforts 7 A. The Prolific Work of Prof. Rob Natelson 8 B. The Article V Debates and Educational Efforts 9 C. Media and High Profile Endorsements 12 D. Friends of the Article V Convention 13 E. The Article V Library 15 F. The Article V Convention Legislative Progress Report 15 III. The Work Among Article V State Legislators 16 A. The State Legislators Article V Caucus 16 B. The Assembly of State Legislatures 17 C. The Federal Assembly of State Presiding Officers 18 D. Faithful Delegate Limitation Bills 18 ~ i ~ Section Title Page IV. The Successes and Disappointments of the Primary Advocacy Groups 19 A. The BBA Task Force 19 B. The Convention of States Project 20 C. Wolf PAC - Free and Fair Elections 21 D. Compact for America 22 E. An Overall Recap of Legislative Progress Through 2015 22 V. Individual Legislators and Other Roadblocks Within Specific States 24 A. Sen. Majority Leader Andy Biggs of Arizona 25 B. Sen. Bart Davis in Idaho 26 C. The South Carolina Minority Report 26 D. Threats of Filibuster in West Virginia House 27 E. Wyoming Fears Loss of Federal Subsidies 27 F.
    [Show full text]
  • Heartland AVC Report
    November 2015 The Article V Movement: A Comprehensive Assessment to Date and Suggested Approach for State Legislators and Advocacy Groups Moving Forward by David F. Guldenschuh* Introduction In early November 2013, this author hosted a Introduction .......................... 1 telephone conference with all the major stakeholders in the Article V movement. It 1 The Primary Article V Advocacy Groups . 2 was not the first time the leadership of the various groups had spoken with each other, 2 Educational Efforts .................. 8 but it was certainly one of the more 3 Organizations of State Legislators ..... 17 well-attended meetings of the groups. After an hour-and-a-half discussion during which 4 Successes and Disappointments ...... 20 each group described its vision for successfully pursuing an Article V 5 Legislators and Other Roadblocks ..... 25 convention, we discussed whether there were 6Approach for Moving Forward ........ 31 ways for the groups to work together and support each other. Conclusion......................... 36 APPENDIX A: The Article V Convention The consensus was that it was too soon to Legislative Progress Report .......... 38 begin merging efforts. At that point, four major groups – the Balanced Budget APPENDIX B: BBATF Map of Amendment Task Force (BBATF), Successful and Targeted States ....... 39 Convention of States Project (CoS), Compact * David F. Guldenschuh is an attorney, publisher of the Article V Convention Legislative Progress Report, and a policy advisor to the Center for Constitutional Reform at The Heartland Institute. For a more complete bio, see page 37. © 2015 The Heartland Institute. Nothing in this report should be construed as supporting or opposing any proposed or pending legislation, or as necessarily reflecting the views of The Heartland Institute.
    [Show full text]
  • 2017 BOOKLET COVER FRONT.Cdr
    Article V Convention Twenty False Claims Regarding a Balanced Budget Amendment Convention Prepared by David F. Guldenschuh, Esq. Heartland Institute Constitutional Policy Advisor Special Counsel to the Balanced Budget Amendment Task Force Introduction As the Balanced Budget Amendment Task Force (BBATF) has promoted its Article V BBA application throughout the states, we have repeatedly run into the same worn out arguments in opposition that have simply no merit in fact or law. We recognize that state legislators, with all the important issues facing them, don't always have the time or resources to become Article V experts. This booklet is intended to provide you in succinct fashion the information you need to successfully debate and rebut the meritless opposing arguments. When arguing in support of an Article V BBA resolution, feel free to direct your naysayer opponents to this booklet for "a fuller and more complete response” to the question posed. If you are a skeptic, feel free to review these materials and their source data. We have yet to find any scholarly material which can successfully rebut the facts and law set forth herein. The BBATF is only six states short of meeting the threshold requirement for calling the first Article V convention of states in this country's history. It will be truly historic. As is pointed out herein, it will by no means be the first convention of states ever held, only the first called pursuant to and under the auspices of Article V. We have abundant historical precedent from which to draw in determining in detail what the scope and parameters are of a convention of states called pursuant to Article V.
    [Show full text]
  • Single Subject Restrictions As an Alternative to the Line-Item Veto Nancy J
    Notre Dame Journal of Law, Ethics & Public Policy Volume 1 Article 13 Issue 2 Symposium on the Line-Item Veto 1-1-2012 Single Subject Restrictions as an Alternative to the Line-Item Veto Nancy J. Townsend Follow this and additional works at: http://scholarship.law.nd.edu/ndjlepp Recommended Citation Nancy J. Townsend, Single Subject Restrictions as an Alternative to the Line-Item Veto, 1 Notre Dame J.L. Ethics & Pub. Pol'y 227 (1985). Available at: http://scholarship.law.nd.edu/ndjlepp/vol1/iss2/13 This Commentary is brought to you for free and open access by the Notre Dame Journal of Law, Ethics & Public Policy at NDLScholarship. It has been accepted for inclusion in Notre Dame Journal of Law, Ethics & Public Policy by an authorized administrator of NDLScholarship. For more information, please contact [email protected]. STUDENT COMMENTS SINGLE SUBJECT RESTRICTIONS AS AN ALTERNATIVE TO THE LINE-ITEM VETO NANCY J. TOWNSEND* INTRODUCTION The astronomical growth of the federal deficit1 has gen- erated a public demand for greater control over government spending.2 Spending control may be achieved in one of two general ways: (1) limiting Congress itself; or (2) enhancing the President's veto power. Although ostensibly the Constitu- tion gives the President the power to veto legislation,- the practice of logrolling4 appropriation bills5 weakens the execu- * B.A., 1982, Marian College Indianapolis; J.D. 1985, University of Notre Dame; Thos. J. White Scholar, 1984-85. 1. Federal government spending increased by 345 percent between 1974 and 1983. 130 CONG. REc. S5301 (daily ed. May 3, 1984) (material inserted by Sen.
    [Show full text]
  • The Emoluments Clause: an Anti-Federalist Intruder in a Federalis
    Hofstra Law Review Volume 24 | Issue 1 Article 2 1995 The molumeE nts Clause: An Anti-Federalist Intruder in a Federalist Constitution John F. O'Connor Follow this and additional works at: http://scholarlycommons.law.hofstra.edu/hlr Part of the Law Commons Recommended Citation O'Connor, John F. (1995) "The moE luments Clause: An Anti-Federalist Intruder in a Federalist Constitution," Hofstra Law Review: Vol. 24: Iss. 1, Article 2. Available at: http://scholarlycommons.law.hofstra.edu/hlr/vol24/iss1/2 This document is brought to you for free and open access by Scholarly Commons at Hofstra Law. It has been accepted for inclusion in Hofstra Law Review by an authorized administrator of Scholarly Commons at Hofstra Law. For more information, please contact [email protected]. O'Connor: The Emoluments Clause: An Anti-Federalist Intruder in a Federalis THE EMOLUMENTS CLAUSE: AN ANTI-FEDERALIST INTRUDER IN A FEDERALIST CONSTITUTION John F O'Connor* As to the exception that [Senators and Representatives] cannot be appointedto offices created by themselves, or the emoluments of which are by themselves increased, it is certainly of little consequence, since they may easily evade it .... Luther Martin' CONTENTS I. INTRODUCTION ................................ 91 II. THE PLAIN LANGUAGE OF THE EMOLUMENTS CLAUSE .... 94 A. "No Senator or Representative shall, during the Time for which he was elected"................... 95 1. "No Senator or Representative shall"............ 95 2. "During the Time for which he was elected" ...... 101 B. The Meaning of "Be Appointed".. ................ 104 C. "To any civil Office under the Authority of the United States" . ............................. 106 * Captain, United States Marine Corps.
    [Show full text]
  • Bill Analysis and Fiscal Impact Statement
    The Florida Senate BILL ANALYSIS AND FISCAL IMPACT STATEMENT (This document is based on the provisions contained in the legislation as of the latest date listed below.) Prepared By: The Professional Staff of the Committee on Governmental Oversight and Accountability BILL: SM 368 INTRODUCER: Senator Simpson SUBJECT: Constitutional Convention/Single-Subject Requirement for Federal Legislation DATE: April 2, 2014 REVISED: ANALYST STAFF DIRECTOR REFERENCE ACTION 1. Davis Cibula JU Favorable 2. McVaney McVaney GO Pre-meeting 3. RC I. Summary: SM 368 is an application to the United States Congress urging Congress to call an Article V Convention for the purpose of proposing an amendment to the U.S. Constitution which will: Prohibit Congress from passing a bill that embraces more than one subject; and Require that the subject be clearly expressed in the bill’s title. The memorial also states that it supersedes all previous memorials and current resolutions applying to Congress for a single-subject amendment and, if passed, will revoke, withdraw, nullify, and supersede all such memorials and resolutions as though they were never passed. If this memorial is passed by the Legislature and at least 33 other states pass a similar or identical memorial or resolution calling on Congress to call an amendments convention for the sole purpose of proposing a single subject amendment to the U.S. Constitution, then under Article V of the U.S. Constitution, Congress is obligated to call the convention. II. Present Situation: Methods of Amending the U.S. Constitution Article V of the United States Constitution provides two methods for proposing amendments to the Constitution.
    [Show full text]
  • Stare Decisis and the Supreme Court(S): What States Can Learn from Gamble
    Notre Dame Law Review Volume 95 Issue 4 Article 11 5-2020 Stare Decisis and the Supreme Court(s): What States Can Learn from Gamble Zachary B. Pohlman Notre Dame Law School Follow this and additional works at: https://scholarship.law.nd.edu/ndlr Part of the Courts Commons, Jurisprudence Commons, and the Supreme Court of the United States Commons Recommended Citation 95 Notre Dame L. Rev. 1731 (2020). This Note is brought to you for free and open access by the Notre Dame Law Review at NDLScholarship. It has been accepted for inclusion in Notre Dame Law Review by an authorized editor of NDLScholarship. For more information, please contact [email protected]. \\jciprod01\productn\N\NDL\95-4\NDL411.txt unknown Seq: 1 3-MAY-20 15:25 STARE DECISIS AND THE SUPREME COURT(S): WHAT STATES CAN LEARN FROM GAMBLE Zachary B. Pohlman* INTRODUCTION In the October 2019 Term, the Supreme Court has been asked to over- rule at least nine of its prior decisions.1 Supreme Court litigants may be more emboldened to seek such a holding given the Court’s recent willing- ness to reconsider its precedents2—a trend that has not gone unnoticed by the legal academy3 nor by the Justices themselves.4 These overrulings prove that stare decisis—the legal maxim that implores judges to “let the decision stand”5—is a prudential limitation, not an absolute rule.6 The Court’s recent * Candidate for Juris Doctor, Notre Dame Law School, 2021; Bachelor of Arts in Economics, Philosophy, and Theology, Rockhurst University, 2018. I would like to thank Professor Randy Kozel, Professor Jeffrey Pojanowski, and Timothy Bradley for their valuable comments and feedback.
    [Show full text]
  • Impeachment Powers
    CHAPTER 14 Impeachment Powers A. Generally § 1. Constitutional Provisions; House and Senate Func- tions § 2. Who May Be Impeached; Effect of Resignation § 3. Grounds for Impeachment; Form of Articles § 4. Effect of Adjournment B. Investigation and Impeachment § 5. Introduction and Referral of Charges § 6. Committee Investigations § 7. Committee Consideration; Reports § 8. Consideration and Debate in the House § 9. Presentation to Senate; Managers § 10. Replication; Amending Adopted Articles C. Trial in the Senate § 11. Organization and Rules § 12. Conduct of Trial § 13. Voting; Deliberation and Judgment D. History of Proceedings § 14. Charges Not Resulting in Impeachment § 15. Impeachment Proceedings Against President Nixon § 16. Impeachment of Judge English § 17. Impeachment of Judge Louderback § 18. Impeachment of Judge Ritter Appendix Commentary and editing by Peter D. Robinson. J.D. 1939 Ch. 14 DESCHLER’S PRECEDENTS INDEX TO PRECEDENTS Adjournment sine die, effect on im- Charges not resulting in impeach- peachment proceedings ment—Cont. authority of managers following expi- Perkins, Frances, Secretary of Labor, ration of Congress, § 4.2 adverse report by committee, § 14.9 impeachment in one Congress and trial Truman, Harry, President, charges not in the next, § 4.1 acted on, §§ 14.11, 14.12 investigation in one Congress and im- Watson, Albert, judge, charges not peachment in the next, §§ 4.3, 4.4 acted on, § 14.10 Amending articles of impeachment Committee consideration and report privilege of resolution reported by broadcast of committee
    [Show full text]
  • Article V Term Limits Convention MYTHS TABLE of CONTENTS Article V Term Limits Convention
    Article V Term Limits Convention MYTHS TABLE OF CONTENTS Article V Term Limits Convention .............................................................................................................................................. 1 You can’t control a “con-con.” It will run away and rewrite the Constitution ........................................................................ 2 The 1787 convention was called solely to amend the Articles of Confederation and it ran away. They’ll do it again. .... 3 They could change the ratification requirement like they did in 1787. .................................................................................. 4 Congress could bypass the states and choose the state convention method for ratification of a harmful amendment. 5 There is no judicial precedent for Article V so we really have no way of knowing what will happen. .............................. 6 Since Congress must “call” the convention, Congress will try to control and interfere with it ........................................... 7 Large states would immediately take you to court and demand voting be based on a proportional population basis. ... 8 No one knows what the process is for calling and convening an Article V convention. ..................................................... 8 We have no idea what the convention rules will be. ................................................................................................................10 The states will get stuck with the enormous cost of such a convention ................................................................................11
    [Show full text]
  • Why Our Next President May Keep His Or Her Senate Seat: a Conjecture on the Constitution's Incompatibility Clause
    WHY OUR NEXT PRESIDENT MAY KEEP HIS OR HER SENATE SEAT: A CONJECTURE ON THE CONSTITUTION'S INCOMPATIBILITY CLAUSE SETH BARRETT TILLMAN* In a few months, "We the People" will go to the polls and elect the electors who will elect (or, at least, have an opportunity to elect1) the next President of the United States. Short of an act of God or an act of war, the next President will be a sitting United States Senator.2 The expectation is that a Senator/President-elect resigns his or her legislative seat (or that resignation of the Senate seat happens by operation of law) some time prior to (or in consequence of) taking the presidential oath of office. The widely held view in large and influential academic circles,3 and among the educated public generally, * Seth Barrett Tillman is a law clerk to the Honorable Malachy E. Mannion, Magistrate Judge, United States District Court for the Middle District of Pennsylvania. The views expressed are solely my own. I would like to thank Christine S. Patrick, Associate Editor at The Papers of George Washington, and the editors at the First Federal Congress Project who have generously given me the benefit of their time and advice. Furthermore I thank Dean Essary and the faculty at the Campbell University School of Law and Dean Saxton and the faculty at the Quinnipiac University School of Law for having given me the opportunity to present earlier versions of this paper. 1. See U.S. CONST. art. II, § 1, cl. 3, amended by U.S. CONST.
    [Show full text]
  • The Article V Convention to Propose Constitutional Amendments: Current Developments
    The Article V Convention to Propose Constitutional Amendments: Current Developments ,name redacted, Specialist in American National Government March 29, 2016 Congressional Research Service 7-.... www.crs.gov R44435 The Article V Convention to Propose Constitutional Amendments: Current Developments Summary Article V of the U.S. Constitution provides two procedures for amending the nation’s fundamental charter: proposal of amendments by Congress, by a vote of two-thirds of the Members of both houses, and proposal by a convention called on the application of the legislatures of two-thirds (34) of the states, the “Article V Convention.” Amendments proposed by either method must be ratified by three-fourths (38) of the states in order to become part of the Constitution. This report provides information for Members of Congress and congressional staff on current developments in Congress, the states, and the advocacy and policy communities concerning the Article V Convention alternative. From the 1960s to the 1980s, supporters of Article V Conventions mounted vigorous but ultimately unsuccessful campaigns to call conventions to consider amendments related to diverse issues, including school busing to achieve racial balance, abortion restrictions, apportionment in state legislatures, and, most prominently, a balanced federal budget. After more than 20 years of comparative inaction, the past decade has seen a resurgence of interest in and support for the Article V Convention alternative. Advocacy groups across a broad range of the political spectrum are pushing for conventions to consider various amendments, including a revival of the balanced budget amendment proposed in the 1970s -1980s; an interstate compact that could call a convention, propose, and prospectively ratify, a balanced budget amendment; an amendment or amendments to restrict the authority of the federal government; and an amendment to permit regulation of corporate spending in election campaigns, which would nullify parts of the Supreme Court’s decision in Citizens United v.
    [Show full text]
  • Veil of Ignorance Rules in Constitutional Law
    Veil of Ignorance Rules in Constitutional Law Adrian Vermeulet A veil of ignorance rule (more briefly a "veil rule") is a rule that suppresses self-interested behavior on the part of decisionmakers; it does so by subjecting the decisionmakers to uncertainty about the distribution of benefits and burdens that will result from a decision.' A veil rule may produce this distributive uncertainty by either of two methods. One method is to place decisionmakers under a constraint of ignorance about their own identities and attributes. John Rawls coined the phrase "veil of ignorance" to describe a hypothetical original position in which principles of justice are chosen under precisely this constraint.2 But that is a special case of veil rules generally, indeed a radical case. Rawls's thought experiment introduces uncertainty by allowing the decisionmaker to know the distributive consequences of a decision on future citizens-call them A and B-but denying the decisionmaker the knowledge of whether she herself will occupy A's position or B's position. Where veil of ignorance rules appear under historical rather than hypothetical conditions, however, the relevant decisionmakers will usually know their own identities and interests. Veil rules that appear in actual constitutions, then, more often adopt a second method for introducing uncertainty: Although the decisionmaker knows or can guess whether she will occupy A's or B's position, the rule introduces uncertainty about whether A or B will reap the greater gains from the decision.3 t Professor of Law, The University of Chicago. Thanks to Elizabeth Garrett, Jack Goldsmith, Saul Levmore, Eric Posner, David Strauss, Cass Sunstein, and David Weisbach for helpful comments, and thanks to Jamil Jaffer for excellent research assistance.
    [Show full text]