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To: cotton1706
Once more I will post the analysis of Article V which I had vetted by a retired professor of constitutional law.

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THE ARTICLE V AMENDATORY PROCESS

The amendatory process under Article V consists of three steps:

  1. Proposal;
  2. Direction;
  3. Ratification.

Proposal:

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

Article V gives Congress and an amendments convention exactly the same power to propose amendments, except that a convention is limited to proposing amendments specified in the application and there is no such limit on Congress.

Direction:

Once Congress, or an amendments convention, proposes amendments, Congress must decide whether the states will ratify by the:

The state ratifying convention method has only been used once: to ratify the 21st Amendment repealing Prohibition. A similar procedure was used to ratify the Constitution itself.

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 fourths of the states vote to ratify, the amendment becomes part of the Constitution.

Forbidden Subjects:

Article V contains two explicitly forbidden subjects and two implicitly forbidden subjects.

Explicitly forbidden:

  1. No amendment may be added to the Constitution concerning the slave trade or direct taxes until 1808. We’re well past that deadline.
  2. No amendment may be added to the Constitution to change the principle of equal representation in the Senate unless every state deprived of that right approves. If California wants five senators, every state must have five senators. To permit violation of this principle, every state would have to ratify the amendment, not just three fourths.

Implicitly forbidden:

  1. The Constitution of 1787 may not be abrogated and replaced with a new document. Article V only authorizes “a convention for proposing amendments to this Constitution;” so the Constitution of 1787 is locked in place.
  2. A convention for proposing amendments is limited to the topics authorized by state applications.

Reference works:

Proposing Constitutional Amendments by a Convention of the States: A Handbook for State Lawmakers

31 posted on 05/31/2021 8:36:08 AM PDT by Publius
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To: Publius

Put the negotiators in the same building wearing the same clothes(+wigs) for the 2-3 months the original took. Then see what happens.


32 posted on 05/31/2021 8:42:15 AM PDT by DIRTYSECRET
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To: Publius

Excellent post, your analysis.


52 posted on 05/31/2021 2:42:43 PM PDT by Basket_of_Deplorables (Convention Of States is our only hope now! Desantis 2024!!!)
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