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To: Red Badger
The first bill to regulate the conduct of an Amendments Convention was introduced by Sen. Everett Dirksen in 1967 when it looked like there might be enough states on board to hold a convention to reverse the One Man/One Vote decision. Upon Dirksen's death, the bill was carried forward by Sen. Sam Ervin, and after his retirement by Sen. Orrin Hatch. Hatch last introduced the bill in 1991, and it failed to pass the Senate Judiciary Committee.

Two Supreme Court decisions, Dillon v. Gloss in 1921, and Coleman v. Miller in 1939, grant Congress wide latitude to regulate all facets of the amendatory process provided that regulation does not contravene the words and intent of Article V. This is why Congress believes it has the right to regulate an Amendments Convention. The ABA Report also agrees with this and features recommendations for congressional legislation to determine delegate choice and conduct of the convention.

In the end, I suspect the Supreme Court will have to decide just how much leeway Congress has to regulate an Amendments Convention.

36 posted on 08/22/2013 1:34:16 PM PDT by Publius (And so, night falls on civilization.)
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To: Publius

I say they don’t have ANY at all. The whole purpose of the convention clause is to bypass a future Congress that is out of control, such as we now have. The Founders were not stupid.......


53 posted on 08/22/2013 1:45:10 PM PDT by Red Badger
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