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To: Publius; Congressman Billybob
Could a state legislator run for delegate? Yes. Would he have to resign his seat in the legislature to run? No. That only applies to federal officeholders.

Agreed. My point is that I think that a state officeholder would have an almost insurmountable advantage over the common man when running for convention delegate. On the other hand, there would be more state delegates than the state legislature could tolerate losing for the duration, so others would have to participate. I would still be suspicious of "ringers."

Technically, an amendment altering the Supremacy Clause might be possible because Article V doesn't forbid it.

I'm asking about Article VI implications.

If you reread Article VI Section 2, I think that actually does forbid amending the supremacy of the Constitution ("... any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.") To me, this means that you cannot amend the Constitution so that the Constitution is no longer the supreme law of the land, because that amendment would be a "thing in the Constitution" that would be in conflict with this section.

I'm not aware of any other language in the Constitution that makes such restrictions on what can be amended.

-PJ

49 posted on 04/25/2007 4:46:50 PM PDT by Political Junkie Too (It's still not safe to vote Democrat.)
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To: Political Junkie Too
To me, this means that you cannot amend the Constitution so that the Constitution is no longer the supreme law of the land, because that amendment would be a "thing in the Constitution" that would be in conflict with this section.

I think that phrase is best understood as meaning anything in the State constitutions.

50 posted on 04/25/2007 4:49:42 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Political Junkie Too
Most states already have laws in place to elect elect state delegates to a STATE constitutional convention. Election law experts (including me) generally agree that these existing laws will be used for the process of electing delegates to a federal convention.

For this particular point, you will be pleased to know that these laws usually forbid state legislators from running for these positions.

Congressman Billybob

Latest article: "Gun Control, Carolina-Style"

53 posted on 04/25/2007 5:28:06 PM PDT by Congressman Billybob (Please get involved: www.ArmorforCongress.com)
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To: Political Junkie Too
If you reread Article VI Section 2, I think that actually does forbid amending the supremacy of the Constitution ("... any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.") To me, this means that you cannot amend the Constitution so that the Constitution is no longer the supreme law of the land, because that amendment would be a "thing in the Constitution" that would be in conflict with this section.

A fundamental premise of parliamentary government is that a parliament cannot bind a future parliament, so no matter how much you try to craft a document that purports to bind future parliaments (i.e., this part of the Constitution cannot be amended), the effort is simply non-binding on future parliaments.

This is interesting for a couple of reasons in our history. First, the Constitution explicitly states that the slavery issue cannot be amended until a future date--I think 1808, or something of the sort.

Second, in an effort to avert the impending civil war, a constitutional amendment was introduced in Congress (by an Ohio senator) that would have purportedly guaranteed--in perpetuity--that slavery would continue in the South. This was the Corwin Amendment, and if you read Lincoln's first inaugural address, he makes a passing reference to it. As I recall, it was ratified in a couple of Northern states, but before it really ever went anywhere the civil war started and the issue became moot.

But I think it is interesting that this amendment was supposed to have been unamendable, and it raises some novel issues. At the end of the day, though, I think the best response is that parliament can't bind future parliaments; thus, any "unamendable" stuff doesn't hold water

62 posted on 04/27/2007 1:52:09 PM PDT by Publius Valerius
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