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To: Jim Robinson; All
Several folks asked for my response to the essay on the Convention method of proposing amendments to the Constitution. It is mostly correct, but on some points it is badly out of date and incorrect.

When Congress determined in 1992 that the 27th Amendment, written by James Madison as part of the Bill of Rights, was now ratified and part of the Constitution, it also regularized the amendment proposal process. Only ratifications of amendments, or calls for a Constitutional Convention, that are "contemporaneous," meaning within a seven-year window, would count as valid.

The essay assumes that any such Convention would be a general one, at which the Delegates could propose whatever amendments they wanted to. This ignores the fact that the States control such a Convention. If the States call for a Convention limited to a particular subject, then Congress determines if 2/3rds of the States have also called on that subject. If so, Congress calls the Convention dedicated to that subject, and can refuse to submit for ratification anything which goes outside the legitimate subject matter of the Convention.

For decades now, some tin-foil hat folks have been using the lie that any Convention must be a general Convention to raise money from people fool enough to believe that. It is false, and I have now fought that false belief in hearings before committees of 26 state legislatures.

The fact that the same false belief has cropped up in this essay is unfortunate. If the subject is still live after the election, and I have more time, I'll join in this discussion again.

Congressman Billybob

Latest article: "2nd Report on the Campaign for the NC 11th District"

302 posted on 03/27/2006 9:32:57 PM PST by Congressman Billybob (www.ArmorforCongress.com RIGHT NOW. I need your help.)
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To: Congressman Billybob
Thank you for helping me find the key error about the single subject situation. I fixed it by adding one paragraph, but I needed to further clarify what you had told me a month ago (or so.)

This essay probably needs another iteration.

309 posted on 03/27/2006 9:40:17 PM PST by Publius
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