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To: GWMcClintock

Keep in mind that a constitutional convention can only propose amendments, which then must be ratified by the states. It’s no more powerful than Congress in that regard.


34 posted on 12/11/2008 6:07:34 AM PST by Campion
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To: Campion
Keep in mind that a constitutional convention can only propose amendments,

Constitutional scholars are divided as to whether such a convention would be limited to the one subject for which it was summoned or whether delegates could expand the agenda as they might see fit. Opponents of a convention assert "There is no consensus as to whether or not the convention would have the power to simply disavow the Constitution altogether and propose replacing it with an entirely new document, and that it is worth noting that such an outcome would be similar to what happened when the Convention of 1787 ended up writing the current Constitution. That convention was called for the purpose of revising the earlier Articles of Confederation, but it chose instead to abandon the articles in favor of a completely new document." The 1787 convention was authorized by the Articles of Confederation, by an act of Congress, and by votes of the states; and that under the Act of Congress, any action taken by the 1787 Convention was invalid unless ratified by both a vote of Congress and the states.

39 posted on 12/11/2008 6:17:28 AM PST by Between the Lines (I am very cognizant of my fallibility, sinfulness, and other limitations.)
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To: Campion

Well, that’s good to know. Anyone have more details on the laws/procedures regarding a convention?
I have always expected a future Supreme Court would just rule the constitution unconstitutional and rewrite it the way they do everything else. Then,, we would watch as all the Dems celebrated and talked about the boldness of the court,, talking heads would weep on camera,,, RINO’s and a lot of other Republicans would just throw up their hands and say “We may not agree, but we respect the courts opinion.”


74 posted on 12/11/2008 7:02:15 AM PST by freemike (Alas, how many have been persecuted for the wrong of having been right? --Jean-Baptiste Say)
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