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  Don Fotheringham )

The Sovereign Dynamic

State legislators need to beware: Nothing written in a state’s application for a constitutional convention has any force or validity once that convention is called to order. That is the nature of a sovereign assembly. That explains why America’s founders put the needs of the people ahead of all...
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It’s a Whole New Con-Con Game

I do not believe the Constitution could survive a modern constitutional convention (con-con). So for many years I have been on the front lines of the anti-convention fight. By 1983 a con-con drive had come within two states of the 34 required to trigger a convention. With a profound...
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The Danger of a Convention of States

This article refutes the most common claims of an intense drive to stampede the public and state legislators into calling for a dangerous second constitutional convention (con-con) under the pretense of solving the very real problem of an out-of-control federal government. The states cannot limit a con-con The latest...
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Tangents & Traps: Con-Con Movements

Having witnessed the difficulties and dangers of the first Convention which assembled under every propitious circumstance, I should tremble for the result of a Second…. — Letter of James Madison to George Lee Turberville, November 2, 1788 In recent decades, groups calling for a constitutional convention (con con) have brought...
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Time to Curb the Court

Campaign for Decency We must marvel at the foresight of America’s founders. They looked centuries beyond their time and provided ways to save us from the dreadful effects of our own negligence. They gave us the means to correct a remiss Congress, to contain a power-prone president, and to...
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The Supremacy Clause

Is a treaty with a foreign country superior to the U.S. Constitution? Some would like you to think so. It’s not a new idea, but it pops up every few years and is about to surface again as President Obama revives a very bad treaty. The measure at hand...
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A High-Speed Constitution?

For a brittle old piece of parchment, the U.S. Constitution certainly lives a charmed life. Since the day it was born, the Constitution has been battered by aspiring rulers, demagogues, reformers, collectivists, conceited intellectuals, deluded students, journalists, ambitious presidents, and creative members of the Supreme Court. Hardly a citadel...
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Tangents & Traps: The Election-year Illusion

As surely as the world revolves, and a new day dawns, political hope is born and reborn and reborn again. Every two years, and every four years, a surge of great expectation lights up the political horizon. New candidates putting fresh faces on old promises appear on the scene...
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Tangents & Traps: Public Protest Gatherings

“But obviously, if the Insiders at the top cause enough of these “demonstrations” to be organized, and to become big enough and disorderly enough, the American people can readily be brought to accept, approve, and even applaud, the use by these Insiders of army troops, as an auxiliary or...
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