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The Article V Amendatory Constitutional Convention - Keeping the Republic in the Twenty-First Century (Hardcover)
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The Article V Amendatory Constitutional Convention - Keeping the Republic in the Twenty-First Century (Hardcover)
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This book describes the process of amending the federal
constitution as defined in Article V by means of a convention for
proposing amendments. It shows that the constitution can be amended
in two ways: either by ratifying an amendment proposed by the
Congress or by ratifying an amendment proposed by a convention.
Article V requires the Congress to call a convention whenever the
legislatures of two thirds of the states request one. The federal
constitution has been amended twenty-seven times. All 27 amendments
were proposed by the Congress. There has never been an Article V
amendatory constitutional convention in the 230 year history of the
nation. Over the years, every state in the union has asked for a
convention at one time or another. Congress has never acknowledged
those requests or evaluated them. The history of the 1787
constitutional convention in Philadelphia shows that the founders
intended the Article V convention to be a means for the states to
seek amendments which the Congress refuses to consider. The book
describes the efforts of a number of citizens groups that are
trying to get an Article V convention, and it describes the
weaknesses and strengths of each. It comes to several conclusions:
A. That the Congress will never voluntarily call a convention no
matter how many petitions are received, because a convention might
propose amendments which would decrease the powers or prerogatives
of Congress. B. That the states have the right to call an Article V
convention without the concurrence of the Congress whenever
two-thirds of the states wish to participate. C. That citizens of
the several states have the constitutional right to organize a
convention for proposing amendments, without the call of Congress
or the approval of the state legislatures. D. That no amendment
proposed by a convention, of any kind, will become a part of the
federal constitution unless it is ratified by three quarters of the
states, as required by Article V. The book urges the convening of a
constitutional convention by the voluntary action of citizens, and
recommends a number of matters that should be on its agenda.
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