Article V - an analysis
ARTICLE V. [Constitution: how amended; proviso.] 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 of the three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which shall 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. --------------------------------------------------------------------------- The Congress can propose amendments if 2/3 of both houses agree Or when Congress is directed by 2/3 of the state legislatures a convention can be called for *proposing* amendments Irrespective of which of the above two processes causes an amendment to be considered a part of the Constitution when 3/4 of the state legislatures vote for it, or by the constitutional conventions called in 3/4 of the state agree on it. The decision of which method to use may be *proposed* by Congress. It's after 1808 and we're not considering state representation in the Senate so I'll skip the last two phrases. --------------------------------------------------------------------------- The only sticky wicket I see is the ...proposed by Congress. Does this mean that Congress can decide which of the two it will recognize? Or does it mean that Congress can merely express its desire? Or does this apply only to the bills that were developed in the Congress? There's no time line for Congress to decide, could this be used to hinder such a process? Note that it's important to recognize that we're talking about 3/4n conventions and not a single convention attended by 3/4n representatives of the states. The tense of the sentence leaves no doubt. ____________________________________________________________________ Technology cannot make us other than what we are. James P. Hogan The Armadillo Group ,::////;::-. James Choate Austin, Tx /:'///// ``::>/|/ ravage@ssz.com www.ssz.com .', |||| `/( e\ 512-451-7087 -====~~mm-'`-```-mm --'- --------------------------------------------------------------------
Jim Choate wrote:
ARTICLE V.
[Constitution: how amended; proviso.]
[snip]
The only sticky wicket I see is the ...proposed by Congress. Does this mean that Congress can decide which of the two it will recognize? Or does it mean that Congress can merely express its desire? Or does this apply only to the bills that were developed in the Congress? There's no time line for Congress to decide, could this be used to hinder such a process?
It seemed very clear to me that the "proposed by Congress" is refering to any amendment proposed by Congress. -Doug
On 981125, Jim Choate wrote:
Or when Congress is directed by 2/3 of the state legislatures a convention can be called for *proposing* amendments
Note that although it's clear that this is only for proposing amendments, our history leaves some doubt that's what would actually happen. The current constitution came ouf of a constitutional convention called under the Articles of Confederation to discuss amendments, but was finally enacted under procedures *it* specified, not the procedures specified in the Articles.
The only sticky wicket I see is the ...proposed by Congress. Does this mean that Congress can decide which of the two it will recognize?
Historically, Congress has always specified, at the time it proposes the amendments. I believe all but the repeal of prohibition were handled using the legislature method. -- ICQ UIN: 125844100
participants (3)
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Douglas L. Peterson
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Jim Choate
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Todd Larason