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To: Tolerance Sucks Rocks
I agree with the legal and political thoughts in this article. However,....

There are two problems with this proposal. A claim from two-thirds of the states that a request for a particular amendment is the same of a normal proposal of an amendment, is defeated by the express language of the Fifth Amendment. No Court is going to accept that argument. However, the legislatures DO have the power to switch back to direct appointment of Electoral College members. But the big money interests who currently buy and sell US Senators could buy and sell state legislators by the dozen.

Congressman Billybob

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30 posted on 05/06/2009 7:50:12 AM PDT by Congressman Billybob (Latest book: www.AmericasOwnersManual.com)
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To: Congressman Billybob
A claim from two-thirds of the states that a request for a particular amendment is the same of a normal proposal of an amendment, is defeated by the express language of the Fifth Amendment.

As best I can tell, this proposal follows the process laid out in Article 5. Why is it not a normal process, and how does the Fifth Amendment defeat it?

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

_____________________________________

Article 5

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; Provided that no Amendment which may 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.

48 posted on 05/06/2009 10:02:05 PM PDT by Ken H
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