[Ken H]

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.

[Congressman Billybob]

You are not reading the language of Article V, which you printed in your response. It is quite clear that there are only two sources of proposed amendments. They are: 1) proposal by a two-thirds vote of both Houses of Congress, or, 2) proposal by vote of a new Constitutional Convention, but that required a call for a Convention by two-thirds pf the states.

That's it. There is no power for states to propose directly a particular amendment. What you are thinking of is the two-rail shot that the states used concerning the 17th Amendment itself. The states said to Congress, "Please pass an amendment to make the Senate elective. But if you refuse to do that, you MUST give us a new Convention to write that amendment."

That tactic worked, when enough states had acted to force a new Convention, the Senate relented and the amendment came out of Congress by the normal route.

But, what this thread is talking about, direct proposal of amendments by the states, does not exist and therefore cannot be used.

Congressman Billybob

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