Article V - an analysis

Todd Larason jtl at molehill.org
Wed Nov 25 15:23:25 PST 1998



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






More information about the cypherpunks-legacy mailing list