Opening Arguments

OA268: Article V Conventions (w/Lawrence Lessig)


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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!

AppearancesAndrew 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 [email protected].

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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