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Pastimes : Clown-Free Zone... sorry, no clowns allowed
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To: Terry Maloney who wrote (375460)10/2/2008 7:53:05 PM
From: Roads End1 Recommendation  Read Replies (2) of 436258
 
I'm hoping the Peee Pole will get pissed off enough to use article five before it disappears.

Against oppressive government of any kind, the authors of the United States Constitution sought to establish institutional checks and balances. In framing the Constitution as the fundamental embodiment of such safeguards, the "Grand Convention" (assembled in Philadelphia, 1787) anticipated that, at some point, amending the basic law of the land might become necessary and yet be squelched by an unresponsive Congress. Foreseeing a day when the long-term health of the nation could depend upon a process that empowered states to secure amendments over the opposition of the national government, the delegates to the grand convention made provision for a future convention.

When two-thirds of the state legislatures shall apply - in the same procedure as they would follow for passing a law - then Article V of the Constitution requires the Congress to "call a convention for proposing amendments." In the Federalist Papers Alexander Hamilton notes that applications by two-thirds of the states would be "peremptory," and in the particular of whether Congress issues such a call, "nothing is left to the discretion of that body." [2] In 1789 James Madison affirmed Hamilton's point that a refusal by Congress to call the convention would be unconstitutional.[3]
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