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Article V - an analysis
ARTICLE V.
[Constitution: how amended; proviso.]
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
of the three fourths thereof, as the one or the other Mode of Ratification
may be proposed by the Congress; Provided that no Amendment which shall be
made prior to the Year One thousand eight hundred and eight shall in any
Manner affect the first and fourth Clauses in the Ninth Section of the first
Article; and that no State, without its Consent, shall be deprived of it's
equal Suffrage in the Senate.
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The Congress can propose amendments if 2/3 of both houses agree
Or when Congress is directed by 2/3 of the state legislatures a convention
can be called for *proposing* amendments
Irrespective of which of the above two processes causes an amendment to be
considered a part of the Constitution when 3/4 of the state legislatures
vote for it, or by the constitutional conventions called in 3/4 of the state
agree on it. The decision of which method to use may be *proposed* by
Congress.
It's after 1808 and we're not considering state representation in the
Senate so I'll skip the last two phrases.
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The only sticky wicket I see is the ...proposed by Congress. Does this mean
that Congress can decide which of the two it will recognize? Or does it mean
that Congress can merely express its desire? Or does this apply only to the
bills that were developed in the Congress? There's no time line for Congress
to decide, could this be used to hinder such a process?
Note that it's important to recognize that we're talking about 3/4n
conventions and not a single convention attended by 3/4n representatives of
the states. The tense of the sentence leaves no doubt.
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James P. Hogan
The Armadillo Group ,::////;::-. James Choate
Austin, Tx /:'///// ``::>/|/ [email protected]
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