Friday, July 7, 2023

Myth Busting: It's a Constitutional Convention - the dictionary says so - Convention of States Action - Dictionary

Myth

An Article V convention can do whatever it wants because it  **is**  a Constitutional Convention.  Black's Law Dictionary says so.

Fact

Black’s Law Dictionary does indeed say that an Article V convention is a constitutional convention.  But contrary to what you might think, legal dictionaries and encyclopedias are not definitive legal sources and no competent attorney treats them as such.

...law dictionaries are kind of a place to start only when you research, not to finish, ...that law dictionary definitions are often not authoritative in fact...

source: beginning at 33:08


The library of Georgetown Law Center even had this posted on their website at one time:

There are two primary uses for legal encyclopedias.

First, the articles can be quite useful as a general introduction to an area of law which is new to you. They provide more in-depth information than a legal dictionary, while being nearly as accessible and easy to use.

Second, encyclopedias are a way to find citations to cases and other useful materials on a particular issue. These two uses make the encyclopedias a very good place to begin major research, whether for an academic paper or a legal memorandum. However, the legal encyclopedias are not intended to be used as authoritative sources on the law in any area, and thus are not cited in briefs, memoranda, or scholarly papers.

source:
https://ift.tt/b0mxI14

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