Skip to comments.How Tennessee Could Be About To Start A Constitutional Crisis (Article V)
Posted on 02/22/2017 10:54:09 PM PST by Perseverando
click here to read article
The amendatory process under Article V consists of three steps: Proposal, Disposal, and Ratification.
There are two ways to propose an amendment to the Constitution.
Article V gives Congress and an Amendments Convention exactly the same power to propose amendments, no more and no less.
Once Congress, or an Amendments Convention, proposes amendments, Congress must decide whether the states will ratify by the:
The State Ratifying Convention Method has only been used twice: once to ratify the Constitution, and once to ratify the 21st Amendment repealing Prohibition.
Depending upon which ratification method is chosen by Congress, either the state legislatures vote up-or-down on the proposed amendment, or the voters elect a state ratifying convention to vote up-or-down. If three-quarters of the states vote to ratify, the amendment becomes part of the Constitution.
Article V contains two explicitly forbidden subjects and one implicitly forbidden subject.
There are many more that are working on passage of an application, many having passed one chamber already, and yet many more that have introduced an application.
The movement is much more than just 8 states.
I understand that. However, only 8 states have gotten to the point where both houses of the legislature have submitted applications to Congress using Georgia’s language.
Yes, understood. Many reading however, do not understand that an application has to be approved by both chambers of a state legislature (Nebraska the only exception as it has only one chamber which you know but others don’t).
Thos reading also may not understand that this can be done in a state legislature without any involvement of a state governor.
The movement is therefore much larger than 8 states and is unimpeded by any actions of any governor.
I know you are aware of al of the above and more, but I tend to write so that others reading will learn a wider context and reach a deeper understanding.
OK, folks. Let’s talk numbers and sense, here. I understand that this can sound scary, but since 3/4 of the states have to ratify ANYTHING that comes out of such a Convention of States, a grand total of THIRTEEN STATES CAN KILL ANYTHING THAT COMES FROM THIS PROCESS.
If we can’t count on at least 13 state legislatures to kill something stupid and/or dangerous, it’s way past time to pull the pin on the second amendment, anyway. And nobody wants that.
I say, call the amendment convention.
Thanks for taking over the thread. I’ve got too much going on to stay with FR for most of today.
bump all you gotta do is read!
They can already do all that so what worries you? The simple fact is a COS requires exactly the same votes to amend the Constitution as does the Congress, the only difference is Congress and the Courts have no say in the matter, the proposed by a COS.
My only problem is that they ignore the Constitution now so why would they care if you add some more stuff they can ignore?
They can already do that, just because they laid down for Marbury-Madison doesn't mean the have to stay dead on the issue.
The Congress has the authority to pass legislation not subject to Judicial review so one might wonder why they don't assert their authority. I have said for years they hide behind courts that implement their true agenda without taking the blame.
What restrains Congress from doing the same thing? Nothing except they would have to get the 38 States to approve it, the same votes a COS would have to have.
<>The Constitutional Convention, if it is ever called, will be populated by Congress critters.<>
See post #23.
It appears that very few Article V opponents bother to check out your fine online library. Never before has so much information and analysis been available at one’s fingertips, yet so many prefer to remain ignorant.
Thank You Jacquerie. Repetition is the key. It goes without saying if you see a link that should be added, please email me with said information.
If you’re in a state that hasn’t already called for a Convention, contact your legislators.
Thanks for jumping in. I’ve been too buried to do more than post my usual boilerplate.
The Congress has the authority to pass legislation not subject to Judicial review so one might wonder why they don’t assert their authority. I have said for years they hide behind courts that implement their true agenda without taking the blame.
Oh, they shall take the blame coming and going as it were.
It is unfortunate the Citizens are mostly ignorant on the true authorities of govt. Most have no clue on the ability of Congress to do just that; IMO, the ignorance is what govt seeks.
No Q&A, news outlet or the like would ever allow the question of “What good is Congress?” for allowing the over-reach, not removing judges a/o not ‘laying down’ for the courts? IE: Hiding behind the Judiciary, as you point out.
Haven’t time to read the entire article yet. Working on Texas to get that #10 spot now!
Pre-17th Amendment, the farm team for senators was the state legislatures. Since, its been the House of Reps. Bad. Post-17A, there’s no electoral upside for senators to give a rip about scotus decisions. In order to reestablish the 10th Amendment, and the authority of congress, the 17A must go.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.