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To: Kaslin

I am reading and rereading Article V. I read that it all boils down to Congress, both Houses, having a final go-no go as to calling a ‘convention’ of states’. Though the Constitution is explicitly worded to say ‘shall call’ I will bet Reed and the Democratic Senate would stonewall that part of the Constitution.


17 posted on 08/15/2013 12:16:18 PM PDT by noinfringers2
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To: noinfringers2
The amendatory process under Article V consists of three steps: Proposal, Disposal, and Ratification.

Proposal:

There are two ways to propose an amendment to the Constitution.

The Congressional Method requires the House and Senate to pass an amendment by a two-thirds majority.

The Amendments Convention Method requires the legislatures of two-thirds of the states to petition Congress to call a Convention for Proposing Amendments. The states may request a single-subject convention or a general convention open to all subjects. Mr. Levin's suggested amendments would require the states to request a general convention. Once the two-thirds threshold is reached, Congress is required to set a time and place for the convention.

Article V gives Congress and an Amendments Convention exactly the same power to propose amendments, no more and no less.

Disposal:

Once Congress, or an Amendments Convention, proposes amendments, Congress must decide whether the states will ratify by the State Legislature Method or the State Ratifying Convention Method. The State Ratifying Convention Method has only been used twice: once to ratify the Constitution, and once to ratify the 21st Amendment repealing Prohibition.

Ratification:

Depending upon which ratification method is chosen by Congress, either the state legislatures vote up-or-down on the proposed amendment, or the voters elect a state ratifying convention to vote up-or-down. If three-quarters of the states vote to ratify, the amendment becomes part of the Constitution.

18 posted on 08/15/2013 12:20:08 PM PDT by Publius (And so, night falls on civilization.)
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