Tag Archives: U.S. Constitution

Jon D. Michaels CONSTITUTIONAL COUP: Privatization’s Threat to the American Republic

Professor Jon D. Michaels’ scholarly and teaching interests include constitutional law, administrative law, national security law, the separation of powers, presidential power, regulation, bureaucracy, and privatization.

After a very distinguished education including Oxford and Yale Universities, he clerked, first for Judge Guido Calabresi of the U.S. Court of Appeals for the Second Circuit, and then for Justice David Souter of the U.S. Supreme Court. Immediately prior to his appointment at UCLA, he worked as an associate in Arnold & Porter’s National Security Law and Public Policy Group in Washington, DC.

We discuss his book, CONSTITUTIONAL COUP: PRIVATIZATION’S THREAT TO THE AMERICAN REPUBLIC, which is both a history and an analysis of privatization, and the rise of what he calls ” Pax Administrativa.” It is published by Harvard University Press.

We begin with an article by Matthew Cole & Jeremy Scahill in The Intercept:
“Trump White House Weighing Plans for Private Spies to Counter ‘Deep State'”
https://theintercept.com/2017/12/04/trump-white-house-weighing-plans-for-private-spies-to-counter-deep-state-enemies/?link_id=0&can_id=26389c9ba4e6ef1db60b08fdce8085f1&source=email-trumps-private-cia-and-an-idiotic-msnbc-decision&email_referrer=email_271486&email_subject=trumps-private-cia-and-an-idiotic-msnbc-decision

We also referred to Professor Michaels’ essay, “First Tragedy, Now Farce”:
https://takecareblog.com/blog/first-tragedy-now-farce

Jay Riestenberg: Article V Constitutional Convention of the States

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Jay Riestenberg is Campaigns & States Media Strategist for Common Cause, a nonpartisan grassroots organization founded in 1970 dedicated to upholding the core values of American democracy. They are opposed to an Article V Constitutional Convention of the States, which has never been convened since 1787. Organizations, such as the American Legislative Exchange Council (ALEC) & the Tea Party, along with billionaires such as the Koch brothers & The Mercer family have already garnered 27 of the 34 state legislatures required for such a convention to be called.

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The late Supreme Court Justice, Antonin Scalia, had this to say: ” I certainly would not want a constitutional convention. Whoa! Who knows what would come out of it?” …. (it is) “a horrible idea. This is not a good century to write a Constitution.”

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Article V of the United States Constitution:

“The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.”

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