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To: cuban leaf
This is the usual boilerplate I post to these threads to explain how Article V works. What is being proposed is an Article V Convention,, an Amendments Convention, or a Convention For Proposing Amendments. It's not what you think it is.

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The amendatory process under Article V consists of three steps: Proposal, Disposal, and Ratification.

Proposal:

There are two ways to propose an amendment to the Constitution.

Article V gives Congress and an Amendments Convention exactly the same power to propose amendments, no more and no less.

Disposal:

Once Congress, or an Amendments Convention, proposes amendments, Congress must decide whether the states will ratify by the:

The State Ratifying Convention Method has only been used twice: once to ratify the Constitution, and once to ratify the 21st Amendment repealing Prohibition.

Ratification:

Depending upon which ratification method is chosen by Congress, either the state legislatures vote up-or-down on the proposed amendment, or the voters elect a state ratifying convention to vote up-or-down. If three-quarters of the states vote to ratify, the amendment becomes part of the Constitution.

Forbidden Subjects:

Article V contains two explicitly forbidden subjects and one implicitly forbidden subject.

Explicitly forbidden:

Implicitly forbidden:

I have two reference works for those interested.

The first is from the American Legislative Exchange Council, a conservative pro-business group. This document has been sent to every state legislator in the country.

Proposing Constitutional Amendments by a Convention of the States: A Handbook for State Lawmakers

The second is a 1973 report from the American Bar Association attempting to identify gray areas in the amendatory process to include an Amendments Convention. It represents the view of the ruling class of 40 years ago. While I dislike some of their conclusions, they have laid out the precedents that may justify those conclusions. What I respect is the comprehensive job they did in locating all the gray areas. They went so far as to identify a gray area that didn't pop up until the Equal Rights Amendment crashed and burned a decade later. Even if you find yourself in disagreement with their vision, it's worth reading to see the view of the ruling class toward the process.

Report of the ABA Special Constitutional Convention Study Committee

18 posted on 02/14/2015 11:50:57 AM PST by Publius ("Who is John Galt?" by Billthedrill and Publius now available at Amazon.)
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To: Publius

“The states may request a single-subject convention or a general convention open to all subjects.”

First of all, thank you Publius for explaining this is a way that I, a legal layman, could understand.

IF a “general” convention was called, and multiple amendments were proposed. Then must each amendment be individually ratified? If this is the case, then I would not be adverse to a convention. Because, IF each amendment had to be individually considered, then it would keep something “wacky” from slipping through.


45 posted on 02/14/2015 12:38:32 PM PST by Sola Veritas (Trying to speak truth - not always with the best grammar or spelling)
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To: Publius

One more question. Would a simple majority of the delegates to a convention be required to send the proposed amendment to the states for ratification...or 2/3rds?


47 posted on 02/14/2015 12:41:03 PM PST by Sola Veritas (Trying to speak truth - not always with the best grammar or spelling)
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