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

To: Yo-Yo
But it may also be a mistake invoking Article V without a compelling national crisis forcing it.

Would you be kind enough to refer me to the section in the FEDERALIST ("federalist papers") where Madison implies that this article is for a "national crisis" and not to be utilized on a routine basis by states who wish their legislative agenda promoted? I will await your answer

It is all well and good to claim to limit the scope of an Article V convention to only specific subjects, but there is nothing in the constitution that provides for such limitations.

Actually there is. One, there is the principle of common law, which is brought in wholesale into the body of US law. This would make the convention of states subject to the RULES OF THE CONVENTION OF STATES which had recently (32 times) been invoked. In those conventions, in every one of them, there was nothing governing the delegates save the specified instructions to the delegates. It is stated that a convention of states would specify the instructions to their delegates.

At best it would come down to a Supreme Court ruling on the matter.

Not true. In fact, Congress recognizes its own legal impotence in this issue and has proposed no less than 41 pieces of legislation attempting to usurp any rule making ability over a Convention of States. All have been defeated, but EVEN IF THEY SUCCEEDED, the USSC has already ruled on this issue. Smith v Union Bank (1861) states SPECIFICALLY says that the rules for a convention of states would be under the control of the states and NOT under any federal control whatsoever (possibly one reason these proposed laws were defeated? I don't know). There is also nothing in the Constitution that would prevent Congress from setting up the specific rules and procedures of an Article V convention such as who would chair such a convention, how amendment proposals are presented to the convention body, whether the convention body must vote on each proposed amendment before it is formally adopted and presented to the states for ratification, etc.

False. See Above.


123 posted on 08/08/2022 11:10:01 AM PDT by tanstaafl.72555
[ Post Reply | Private Reply | To 120 | View Replies ]


To: tanstaafl.72555
Article V The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress

If congress has no say in how the convention is organized, then why must congress call the convention at all? Makes no sense.

What if congress refuses to call a convention? What then?

135 posted on 08/08/2022 12:40:31 PM PDT by Yo-Yo (Is the /Sarc tag really necessary? Pray for President Biden: Psalm 109:8)
[ Post Reply | Private Reply | To 123 | 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