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To: Publius
Two questions:

So who would be elected by the states? Yourself, your friends, and your neighbors.

Article I Section 6 only prevents United States officeholders from attending conventions without first resigning their current officers. What's to stop states from sending their own legislators instead of the "common man?" I don't think state assemblymen or senators would need to resign, do they?

The Framers’ Safety Valve...They were careful to enumerate Three Forbidden Subjects

Where are points 2 and 3 enumerated? I would look to Article VI Section 2 for limits.

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

Doesn't this say that the supremecy of the Constitution as the law of the land cannot be overridden by amendment? But is this enough to stop a convention from changing the Senate to be 3 Senators from each state? Is that an alteration of the arrangement of equal representation of the states (from 2 to 3)?

-PJ

41 posted on 04/25/2007 3:27:52 PM PDT by Political Junkie Too (It's still not safe to vote Democrat.)
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To: Political Junkie Too; Congressman Billybob
Let's take your questions one by one.

What's to stop states from sending their own legislators instead of the "common man?" I don't think state assemblymen or senators would need to resign, do they?

Convention delegates must be elected by the people of a state, not chosen by a legislature or governor. Could a state legislator run for delegate? Yes. Would he have to resign his seat in the legislature to run? No. That only applies to federal officeholders.

Doesn't this say that the supremecy of the Constitution as the law of the land cannot be overridden by amendment?

Technically, an amendment altering the Supremacy Clause might be possible because Article V doesn't forbid it. But vitiating that clause would void much of the Constitution and strip it of all enforcement value. It would be one step away from dissolving the Union.

But is this enough to stop a convention from changing the Senate to be 3 Senators from each state? Is that an alteration of the arrangement of equal representation of the states (from 2 to 3)?

As I understand Article V, the states must have equal representation. Three senators from each state would be permissible as much as one senator from each state. It's representation that must be equal.

45 posted on 04/25/2007 3:55:55 PM PDT by Publius (A = A)
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