Tag Archives: Constitutional Convention

OA268: Article V Conventions (w/Lawrence Lessig)

Today’s episode revisits the topic Andrew discussed briefly in Episode 252:  Article V conventions convened for the purpose of proposing amendments to the Constitution.  Joining Andrew is Prof. Lawrence Lessig, perhaps the most vocal liberal proponent of such conventions.  Andrew, you may recall, was skeptical and concerned about the risks that such conventions could pose.

Join Thomas, Andrew, and Prof. Lessig for a special 70-minute very deep dive and see if either one changes their minds!

After that, it’s time for TTTBE #121 regarding executive orders.  As always, remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!

Appearances
Andrew was just a guest on Episode 464 of the Cognitive Dissonance podcast as their legal expert.  If you’d like to have either of us as a guest on your show, drop us an email at openarguments@gmail.com.

Show Notes & Links

  1. Here are the 14 states with Democratic legislatures and governors.
  2. This is the CNN/ORC poll Andrew referenced showing consistent high support for a balanced budget amendment to the Constitution.  And this is the Koch Brothers-funded ALEC initiative to convene Article V conventions.
  3. Click here to read Owings v. Speed, 18 U.S. 420 (1820), the first case Andrew discussed.
  4. Andrew also discussed Dyer v. Blair, 390 F.Supp. 1291 (N.D. Ill. 1975), and both lawyers talked about Coleman v. Miller, 307 U.S. 433 (1939) as the primary case for the political question doctrine.

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OA252: Constitutional Conventions & the “Proud Boys”

Today’s episode features a deep dive into a listener question about Article V Constitutional Conventions.  Are they dangerous?  (Yes.)  Are they a good idea?  (No.)  We also discuss the latest ridiculous defamation lawsuit.. and discover why this one is a little different.  How?  You’ll have to listen and find out.

We begin with a little bit of news you might have missed regarding Attorney General nominee Bill Barr.

After that, it’s time to answer a listener question about liberal and conservative groups that are angling for an “Article V” Constitutional Convention to overturn Citizens United (or do other things).  We delve deeply into this provision of the Constitution and discuss the plusses and (mainly) minuses of this procedure.

Then, it’s time to dissect the recent lawsuit brought by Gavin McInnes, founder of the “Proud Boys,” which Wikipedia calls “a far-right neo-fascist organization that admits only men as members and promotes political violence.”  Find out why at least one formerly respectable lawyer thinks it’s just crazy (and actionable!) that the Southern Poverty Law Center called this a “hate group.”  And find out why the real question in this lawsuit involves something called “tortious interference” and not defamation.

After all that, it’s time for the answer to Thomas Takes The Bar Exam #113, which involved the constitutionality of abortion regulations.  As always, remember to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!

Appearances

Andrew was just a guest on S3E6 of the fabulous Mueller, She Wrote podcast; go check it out!  And, as always, if you’d like to have either of us as a guest on your show, drop us an email at openarguments@gmail.com.

Show Notes & Links

  1. This is the lawsuit filed by the “Proud Boys” against the SPLC.
  2. This is the Wikipedia entry on the “Proud Boys.
  3. Here’s the full text of Article V of the Constitution.

Support us on Patreon at:  patreon.com/law

Follow us on Twitter:  @Openargs

Facebook:  https://www.facebook.com/openargs/

Don’t forget the OA Facebook Community!

For show-related questions, check out the Opening Arguments Wiki

And email us at openarguments@gmail.com



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