In former law professor Rob Natelson’s recent paper, “No, the Necessary and Proper Clause Does NOT Empower Congress to Control an Amendments Convention” [read it HERE or HERE], he makes several untrue statements and commits the gross fallacy of making a circular argument which begs the question.
Natelson is the intellectual guru of those pushing for an Article V convention. Among the false claims they make is that a convention will be controlled by the States, and Congress has nothing to do with it. 1
That false claim rests on Natelson’s (1) fanciful theory of “customs”, (2) his tortured interpretation of the necessary and proper clause, (3) his misrepresentations of Supreme Court cases, and (4) his crimes against the Laws of Logic.
I’ll show you.
What Does Article V Say?
Article V provides two methods of proposing amendments to our Constitution. Congress proposes amendments and submits them to the States for ratification; or Congress “calls” a convention if 2/3 of the States apply to Congress for a convention. All our existing 27 amendments were proposed using the first method. We have never had a convention under Article V – for good reason.
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Someone! Send this to North Carolina’s Lt. Governor Dan Forest. He needs to have his eyes opened.