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To: Publius
Should the states actually realize how bad things are, and apply to congress for an amendment convention, I hope they let congress know that it has a strictly administrative sort of duty, to just call a convention. Nothing more, nothing less.

Scotus has as much to do with an Article V convention as it has in determining presidential electors and how they vote . . . zero.

Despite the scotus power grabs of these last eighty years, not everything is justiciable, and how the states conduct a convention is one of them.

Thanks again.

25 posted on 08/11/2013 1:15:46 PM PDT by Jacquerie (To restore the 10th Amendment, repeal the 17th.)
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To: Jacquerie
I understand your strongly held opinions on this matter. But there are legal and political facts of life that may contravene your beliefs.

Political and Legal Fact of Life #1: If two-thirds of the states petition Congress for an Amendments Convention on a given subject, Congress absolutely will attempt to regulate the Convention using the precedents of Dillon v. Gloss and Coleman v. Miller. Congress will attempt to expand those precedents into granting itself wide latitude to regulate an Amendments Convention.

Political and Legal Fact of Life #2: At least one state will go to federal court to argue that Congress overstepped its bounds and trespassed on the prerogatives of the states. This case will make its way to the Supreme Court, and new precedent will be set.

I happen to agree with you and hope that Scalia writes the majority opinion in favor of the states, but it may go the other way. This is new territory for everybody.

28 posted on 08/11/2013 2:21:30 PM PDT by Publius (And so, night falls on civilization.)
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