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Re: Article V - an analysis (fwd)
Forwarded message:
> Date: Fri, 27 Nov 1998 00:00:07 -0500
> From: Bill Stewart <[email protected]>
> Subject: Re: Article V - an analysis (fwd)
> The most recent amendment (27th?) sat around for nearly 200 years
> before 3/4 of the states ratified it, (preventing Congress from
> raising their salaries during their current term.)
> The power to specify a time limit doesn't need separate mention;
> the time limit is either part of the proposed amendment, or it isn't,
> and it's part of the negotiations for getting Congress to pass it.
Really? Where do you see that in the Constitution?
> The more dangerous problem is that people keep suggesting a
> Constitutional Convention, which has basically no limits on its scope
And where do you see unlimited power assigned at under Article V?
> (especially given the one previous precedent, which substantially
> increased Federal power beyond the limits of the Articles,
> and didn't require unanimous consent to adopt its product,
> though the Articles required it for changing them.)
That isn't a precedence.
> Even if the states _say_ they're limiting their delegation to
> specific tasks, that doesn't mean the ConCon won't exceed them,
> and if it gets sufficient media/public support, it can get away with it.
Sure it does, then the states remove their support and it isn't a convention
anymore.
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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