Natelson: Missouri Decision Proves Courts can Get it Right on Article V Cases

Last updated on: July 20, 2018 at 3:44 pm by Convention of States

Natelson: Missouri Decision Proves Courts can Get it Right on Article V Cases 2018-07-20T15:44:28-05:00 Convention of States

LOGO Patheos Explore the world's faith through different perspectives on religion and spirituality! Patheos has the views of the prevalent religions and spiritualities of the world.

A state trial court in Missouri recently handed the Article V movement a major victory, but as constitutional law scholar Robert G. Natelson recently noted on The Hill, the decision went beyond merely striking down a frivolous lawsuit.

Judge Jon E. Beetem reinforced some of the guiding principles that Convention of States proponents have long held. He did not use the false and misleading term “constitutional convention,” opting instead for the more historically accurate “convention of the states” or “convention for proposing amendments.”

He also recognized that a state legislature’s power to apply for a Convention of States derives from the U.S. Constitution and that the governor has no role in the process. Finally, he said that “a state constitution may not add requirements to Article V’s process for amending the federal constitution.”

All of this bodes well for the coming legal battle surrounding the first-ever Article V Convention of States. Some believe that the courts are so corrupt that they’ll somehow undermine the entire project. But this decision from Missouri shows that many judges are willing and able to apply constitutional law correctly as it pertains to the amending process.

As Natelson pointed out,

“the courts have a long record of applying constitutional amendment law accurately and fairly. The Missouri decision fits right in. It reinforces the conclusion that even though a few judges exceed their power, most of them conscientiously enforce the law as it is — not as some imagine it might be.”

For anyone hoping to use Article V to rein in the power and jurisdiction of the federal government, that’s good news.

Photo Credit: Public Domain

Uncategorized

Previous Post

July 20, 2018

Constitutional Philosophy for Regular Citizens, Part VI: Why Federalism Matters More Than You Think

Next Post

July 20, 2018 Constitutional Philosophy for Regular Citizens, Part VII: Shakespeare & the Commerce Clause

Browse Our Archives

Select a Category Uncategorized

Select a Month July 2018 June 2018 May 2018 April 2018 March 2018 February 2018 January 2018 December 2017 November 2017 October 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 December 2016 November 2016 October 2016 September 2016 August 2016 July 2016 June 2016 May 2016 April 2016 March 2016

TAKE THE

Religious Wisdom Quiz

What is the highest holiday in the Orthodox Christian year?

Select your answer to see how you score.

Pentecost Epiphany Pascha (Easter) Nativity