I remember faintly that in the late 70's or in Reagan's first term there was an attempt by 35 states to petition Congress to call a Constitutional Convention.It failed, of course. What would happen if one was called? There would,of course, be no rewrite of the Constitution itself. Rather there would be attempts to add new admenments. Okay, people. Which admendments do you propose?
Constitutional Convention-l987
- Thread starter edvader
- Start date
Of Course NOT
There is no time limit of Seven years in the Consitution
There is no Limits to what is to be addressed in the Consitution, While Congress may try to limit the convention, Consitutionally the convention is not bound by Congress {look at the first one}
Historically when the pressure starts getting close congress goes ahead and passes a Admendment, dealing with whatever problem, to cut off the Call. Over 90% of all Admendments have failed in the states.
There is no time limit of Seven years in the Consitution
There is no Limits to what is to be addressed in the Consitution, While Congress may try to limit the convention, Consitutionally the convention is not bound by Congress {look at the first one}
Historically when the pressure starts getting close congress goes ahead and passes a Admendment, dealing with whatever problem, to cut off the Call. Over 90% of all Admendments have failed in the states.
Grey Wolf
Donor
ED(Mister) said:
Hmm, unless this was amended later :-
"Article. V.
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 its equal Suffrage in the Senate.
"
It clearly states that two-thirds of the states can call a convention, but that it needs three-quarters subsequently to pass an Amendment.
btw in case people wonder where I can quote the US Constitution and the Amendments so easily from :-
http://www.house.gov/Constitution/Constitution.html
http://www.house.gov/Constitution/Amend.html
Grey Wolf
Grey Wolf
Donor
DuQuense said:
This is interesting :-
http://216.239.59.104/search?q=cach...df+suggested+failed+amendments&hl=en&ie=UTF-8
Its not what I was looking for - somewhere I have a list of all proposed Amendments that failed
Do note though that some Amendments failed at one stage and were later adopted, e.g. one of the 12 originally suggested for the first slate of Amendments failed but would later become, I think, the 27th Amendment. Also a slavery amendment failed in the period before the conclsuion of the ACW but was passed afterwards
Also, I do wonder if your statistics include amendments which were passed but includes the states they failed in, some of whom never actually ratified the amendments thereafter, but have had to live under them because thats how the constitution works ?
Grey Wolf
Grey Wolf
Donor
DuQuense said:
OK, here's what I was looking for :-
http://www.house.gov/house/Constitution/Amendnotrat.html
You will note that it is Congress (later confirmed by the Supreme Court) who require that the requisite number of states ratify an amendment within seven years
"Beginning with the proposed Eighteenth Amendment, Congress has customarily included a provision requiring ratification within seven years from the time of the submission to the States. The Supreme Court in Coleman v. Miller, 307 U.S. 433 (1939), declared that the question of the reasonableness of the time within which a sufficient number of States must act is a political question to be determined by the Congress. "
You will also note that it says 27 amendments have passed, and only SIX failed to be ratified - that is roughly 18% which have failed, hardly the 90% you quoted
Grey Wolf
Does anyone know how delegates to a 2nd convention would be chosen.
I have the impression that the Founding Fathers were mainly sent to Philadelphia by their state governments. Would State legislatures/ governors be able legitimately to appoint delegates.
Could Congress in calling such a convention provide for direct election.
Also it is not al all clear what such a convention would need to do to propose an amendment. Need it be unanimous. Might it be representatives of half the states proposing an amendment????
Might a Convention be used to promote quite radical change on a rather narrow basis?
I have the impression that the Founding Fathers were mainly sent to Philadelphia by their state governments. Would State legislatures/ governors be able legitimately to appoint delegates.
Could Congress in calling such a convention provide for direct election.
Also it is not al all clear what such a convention would need to do to propose an amendment. Need it be unanimous. Might it be representatives of half the states proposing an amendment????
Might a Convention be used to promote quite radical change on a rather narrow basis?