Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: PapaNew; Jacquerie

When you ask if it’s Constitutional ... all I can say is that it has been done. It hasn’t been done consistently, but it just started recently.

I believe it started with the 18th Amendment ...

Section 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission here to the States by the Congress.

20th Amendment

Section 6. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission.

21st Amendment

Section 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.

22nd Amendment

Section 2. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several states within seven years from the date of its submission to the states by the Congress.

The 19th, 23rd, 24th, 25th, and 26th did not have it. The 27th did not have it, as it was first proposed in 1791 ... :-) ...

There could be a possible argument that it should not have a time limit, as there are proponents of the Equal Rights Amendment who think there should be no time limitation on it approval.

If the issue gets turned into some kind of Constitutional argument that there should be no time limit, then you can be assured that the proponents of the ERA will be the first ones to push it through ... :-) ...

Here’s something on the ERA ...

The Equal Rights Amendment
Unfinished Business for the Constitution
http://www.equalrightsamendment.org/strategy.htm

As it is with discussions of Constitutional issues ... it all comes down, in the end, to how it works out in real life, in other words, “where the rubber meets the road” ... :-) ...

And for that, I can’t tell you because I can’t predict the future.


79 posted on 04/25/2015 3:55:58 PM PDT by Star Traveler (Remember to keep the Messiah of Israel in the One-World Government that we look forward to coming)
[ Post Reply | Private Reply | To 73 | View Replies ]


To: Star Traveler

Well, if it’s in the amendment itself, then of course it’s constitutional as soon as it’s ratified. I thought you were talking about some rule Congress had set up apart from the actual amendment itself.

Again, an alternative that bypasses such limitations is the Article V COC process but it looks like Cruz want to show this going to Congress which is dangerous for the reasons I mentioned earlier.


83 posted on 04/25/2015 4:07:26 PM PDT by PapaNew (The grace of God & freedom always win the debate in the forum of ideas over unjust law & government)
[ Post Reply | Private Reply | To 79 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson