Article V - A Successful Amendment – How Will It Work? When 38(+) State legislatures have approved a request for an Article V Amendment convention, Congress has no choice but to act on the request. They will know that the game is over and they will not fight it, nor will the courts touch the issue. And after the 38(+) States ratify the amendment, it will become the “law of the land”. This will restore America’s foundation - “RULE-BY-LAW” that LIMITS government and “they” can no longer expand and ignore the ACTUAL limits. Picture My Position on the State Legislative Amendment Process – The Hows and Whys Thereof Article 5 – Amendment 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 is shown - 2/3 (or 34) of the States can amend the Constitution by causing Congress to open a Convention [which the state legislatures establish the rules for as they chose to design] once open then 2/3 (or 34) of the States using the legislative process can propose any amendment they deem necessary or they can vote on a single issue as was done in the 21st amendment. Now, many of the Founders - Framers - Ratifiers notes have been provided as reference. I provide these for back ground as In my opinion no Founders papers, notes, books, or any other document can be used to change alter or modify the exact words in the Constitution - they said what they meant in the common language of the day so average citizens of the time could understand the meaning of all inside the four corners. There was no addendum - there was no reference to Judicial review or to Implied powers not stated. On to the question at hand - could 38+ State legislatures cause a amendment process which Congress did not agree - surely it is clear that only 2/3 (or 34) States can call for an amendment Convention which they can define the rules. If they could not define the rules then 38 States can take action to correct. There is no specific language that defines a Convention so the acts of 38+ State legislatures can surely have that power . . If 38 State legislatures request of Congress anything - do you believe Congress would resist? Because that would mean a total collapse of the government in the next election cycles. Yes, I am of the opinion that 38 State Legislatures can do whatever they can all agree to pass and then to ratify. There is no power in the Article I - Article II or Article III that can override 34 of the States desires for the states created the Constitution and they are the Custodian of same for the people of their individual Republics.
Posted on: Sun, 04 Jan 2015 21:36:29 +0000
Trending Topics
Recently Viewed Topics
© 2015