Eugene Volokh agrees with me about the “Whole Constitution Pledge.”

September 16th, 2011

Eugene, and Ed Whelan, echoes my point that the “Whole Constitution Pledge” ignores Article V.

Article V is part of the “whole Constitution,” too — indeed, the part that helped bring about the Amendments that the pledge authors so praise. So I should say that I pledge to support the whole Constitution, including the provision that allows repeal of those provisions that were enacted by yesterday’s Americans but that today’s Americans choose to revise through the constitutionally prescribed means. As to which particular provisions should be kept and which should be repealed, I make no pledges.

I had this same conversation with Doug Kendall–creator of the pledge–in November of 2010 at the FedSoc Lawyers Convention. You definitely heard it here first.