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To: Publius
When a state call includes a time or event deadline, as many did in the Balanced Budget Amendment effort, they were not final and effective until those conditions were met. That is not true of ratifications. They are not conditional.

Trust me, I've spent 25 years on this subject. There is a difference between conditional calls and absolute calls.

John / Billybob

101 posted on 03/07/2010 5:57:28 PM PST by Congressman Billybob (www.TheseAretheTimes.us)
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To: Congressman Billybob

Fair enough.


102 posted on 03/07/2010 5:59:12 PM PST by Publius (Come study the Constitution with the FReeper Book Club.)
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To: Congressman Billybob
I think I understand.

When Congress passes an amendment on to the states for ratification, the states have a federal duty to perform under the rules delineated in Coleman.

When a presidential election is held, the states have a federal duty to choose Electors and have them cast a state's electoral votes according to the rules delineated in the Constitution as modified by the 12th Amendment.

The petitioning of a state for an Article V Convention is not a federal duty, but an option. Thus, a state may attach conditions and timelines to said petition, and this right is covered by the basic concept of state sovereignty.

103 posted on 03/07/2010 6:31:35 PM PST by Publius (Come study the Constitution with the FReeper Book Club.)
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