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To: Jacquerie
Both documents say that the states may ask for a single-subject convention or a general convention open to all subjects. That decision is the prerogative of the states. The actual call of an Amendments Convention by Congress is purely ministerial.

An Amendments Convention has exactly the same authority as Congress with respect to proposing amendments, no more and no less. Article V states that amendments may only be proposed "to this Constitution" which implicitly forbids the abrogation of the current Constitution and the writing of a new one. Yes, an Amendments Convention could propose 80 amendments to the states for ratification that would reshape the Constitution, but, no, an Amendments Convention could not start all over again.

The decision to restrict an Amendments Convention to a single subject or to open it to all possible subjects is a decision for the states, and the states declare their desire in their petitions to Congress for a convention call. Each document has a different view as to enforcing this decision of the states, which is why the ALEC document should be read first, and then the ABA document as a rebuttal.

10 posted on 08/11/2013 11:13:45 AM PDT by Publius (And so, night falls on civilization.)
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To: Publius

Roger that.


19 posted on 08/11/2013 11:35:11 AM PDT by Jacquerie (To restore the 10th Amendment, repeal the 17th.)
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