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To: CIB-173RDABN
There already exist a way to change the constitution. Amendments can be proposed and the states can vote on them. Without the need to toss the entire constitution.

You are arguing against yourself. The Article V convention is the existing way to change the Constitution.

They cannot "toss the entire constitution" because the process is amendment by amendment, and then ratification by ratification.

Unlike the original Constitutional Convention under the Articles of Confederation, today there exists the Supremacy Clause of Article VI. The Constitution is the supreme law of the land, and it cannot be wholely swept aside unless someone proposes a sweeping amendment saying "The entire Constitution is nullified and replaced with this...," and then gets it passed, and then gets 3/4ths of the states to ratify it.

-PJ

89 posted on 08/22/2013 3:01:04 PM PDT by Political Junkie Too (If you are the Posterity of We the People, then you are a Natural Born Citizen.)
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To: Political Junkie Too
once more I need to make myself clear. You can add amendments to the constitution without a constitutional convention. "The Constitution provides that an amendment may be proposed either by the Congress with a two-thirds majority vote in both the House of Representatives and the Senate or by a constitutional convention called for by two-thirds of the State legislatures. None of the 27 amendments to the Constitution have been proposed by constitutional convention. The Congress proposes an amendment in the form of a joint resolution. Since the President does not have a constitutional role in the amendment process, the joint resolution does not go to the White House for signature or approval. The original document is forwarded directly to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes to the joint resolution and publishes it in slip law format. The OFR also assembles an information package for the States which includes formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and the statutory procedure for ratification under 1 U.S.C. 106b."
98 posted on 08/22/2013 3:18:33 PM PDT by CIB-173RDABN
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