Posted on 03/05/2015 10:54:59 PM PST by Art in Idaho
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
An A5 Convention will circumvent the need for another party by limiting the scope of federal power.
If it did nothing but strictly redefine the Commerce Clause, it would be worth the effort.
See "http://www.conventionofstates.com" for answers.
Glad you're in full support of this Jim. As I see it, it's our last shot at peaceful resolution of the crisis we're in.
As Jacquerie says, Article V,if not now, when?
The states will bind their delegates with detailed commissions which define and limit their authority. Delegates (not representatives) from the states will be serious men and women who will know the gravity of their task, and they will rise to the occasion. There is no higher honor among statesmen than that of lawgiver.
They will be in convention to reform government, which is composed of the formal institutions and procedures that constitute the framework of legal authority. That means the structure of the government must restored to one of federalism, and I think the delegates will do just that.
Oh, and since Obama is a full-fledged tyrant, there is absolutely nothing to lose. We The People have a God and Constitutionally given right to frame our government. History will not look well upon an enslaved people who had the right power to restore freedom and did nothing about it.
Well said Jacquerie. The actual strict mechanics and procedures of the convention itself are key to its success. If the mandate is to allow only the proposal of amendments to the constitution, absolutely nothing else, I don't see how it can go 'out of control' as some fear. If any state delegate veers from that, they will be in trouble with their respective state, and, as I understand it, maybe even subject to fines or criminal charges. Great care and planning will be needed to set up the convention beforehand with very narrow limited goals, that to propose singular constitutional amendments. Period. Term limits would be a good start and a good 'test' case to see if it can be ratified by 38 states and become part of the US Constitution.
30 states have either passed or filed Convention of States applications!
Amazing. Thought it was a SNL episode.
Amen to that. I'm sure the detailed specifics of these are in progress as we write. Very important to get this right the first time. If done right, it can be a venue 500 years from now. .
Also, for future reference:
Amen to that. Especially as it's more and more evident we have a broken Federal leviathan that is uniparty through and through. The November election gave me some hope but that's gone. This last week has been so disappointing it's hard to verbalize.
Article V!
I'm not sure it will all be positive changes. It's risky and could, in the end, simply hasten our demise/revolt.
Yes, me too. I thought we’d have a shot to start righting the ship. Nope. It’s sinking.
Convention of States Compendium for Lawyers and Legislative Drafters The heart of the matter.
Please send to your state senator and representative: Contact Your State Senator and Representative
Thanks for the links
You’re welcome!
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.