D. ARTICLES OPPOSED TO TAX LIMITATION Citizens National Committee. A proposed Amendment to the Constitution: 25 percent Tax Rate Limitation. Its Pros and Cons (Research Report No. 2-403). 1945. 23 p. pamphlet. ... Summary of the proposal, and the pro and con views of various people. Groves, Harold M. Federal Constitutional Tax Limitation. Proceedings of the 38th Annual Conference on Taxation under the auspices of the National Tax Association. 1945. pp. 314-320. Experience of States with tax limitations, fallacies in the arguments of proponents of the limitation, undesirable consequences of the proposed limitation. Should a Constitutional Limit be Placed on Federal Income Tax Rates? Modern Industry, March 15, 1944, p. 109. A debate with Mr. Seidman. Olmstead, H. M. The Tax Limitation Delusion. National Municipal Review, February 1945, pp. 64-68. Discusses and opposes the 25 percent limitation. Patman, Wright. Attack on Sixteenth Amendment to United States Constitution. Congressional Record, May 31, 1951, pp. 6164-6169. Reproduction of Legislative Reference report on the Method of Amending the Constitution being followed by the proponents of the Amendment, together with a reproduction by Mr. Patman of his June 8, 1944, speech on the proponents of the Amendment. Should the Federal Taxing Power Be Limited? Congressional Digest, November 1944. pp. 259-288. A pro and con discussion. U. S. Treasury Department, Division of Tax Research, Proposed, Constitutional Amendment to Prohibit Federal Tax Rates Exceeding 25 Percent. 1944. 20 p. mimeographed study. Dangerous consequences of the proposed constitutional amendment. FEDERAL CONSTITUTIONAL CONVENTION HEARINGS BEFORE THE SUBCOMMITTEE ON OF THE COMMITTEE ON THE JUDICIARY NINETIETH CONGRESS FIRST SESSION ON S. 2307 A BILL TO PROVIDE PROCEDURES FOR CALLING CONSTITUTIONAL CONVENTIONS FOR PROPOSING AMENDMENTS TO THE CONSTITUTION OF THE UNITED STATES, ON APPLICATION OF THE LEGISLATURES OF TWO-THIRDS OF THE STATES, PURSUANT TO ARTICLE V OF THE CONSTITUTION 88-138 OCTOBER 30 AND 31, 1967 Printed for the use of the Committee on the Judiciary U.S. GOVERNMENT PRINTING OFFICE WASHINGTON : 1968 For sale by the Superintendent of Documents, U.8. Government Printing Office COMMITTEE ON THE JUDICIARY JAMES O. EASTLAND, Mississippi, Chairman JOHN L. MCCLELLAN, Arkansas PHILIP A. HART, Michigan EDWARD V. LONG, Missouri EDWARD M. KENNEDY, Massachusetts QUENTIN N. BURDICK, North Dakota JOSEPH D. TYDINGS, Maryland GEORGE A. SMATHERS, Florida EVERETT MCKINLEY DIRKSEN, Illinois HIRAM L. FONG, Hawali HUGH SCOTT, Pennsylvania STROM THURMOND, South Carolina SUBCOMMITTEE ON SEPARATION OF POWERS SAM J. ERVIN, JR., North Carolina, Chairman JOHN L. MCCLELLAN, Arkansas QUENTIN N. BURDICK, North Dakota EVERETT MCKINLEY DIRKSEN, Illinois ROMAN L. HRUSKA, Nebraska PAUL L. WOODARD, Chief Counsel and Staff Director PHILIP B. KURLAND, Chief Consultant (11) Opening statements: Page 1 43 Dirksen, Hon. Everett McKinley, a U.S. Senator from the State of Ervin, Hon. Sam J., Jr., a U.S. Senator from the State of North Testimony: Bickel, Alexander M., Chancellor Kent professor of law and legal Proxmire, Hon. William, a U.S. Senator from the State of Wisconsin. Additional statements: Bickel, Alexander M., letter of October 2, 1967, to Prof. Phillip Dirksen, Hon. Everett McKinley, a U.S. Senator from the State of Kurland, Philip B., memorandum to Senator Ervin on S. 2307------ 233 237 Tydings, Hon. Joseph D., a U.S. Senator from the State of Maryland, 203 Documents: Constitution of the United States, article V... 1 S. 2307. 2 Federalist Paper No. 43 (Madison) 89 Federalist Paper No. 85 (Hamilton). 93 96 Articles: American Enterprise Institute "A Convention to Amend the Constitu- 110 Black, Charles L., Jr., "The Proposed Amendment of Article V: A 153 Bonfield, Arthur Earl, "Proposing Constitutional Amendments by 159 Corwin, Edward S., and Ramsey, May Louise, "The Constitutional Amendment," 26 Notre Dame L. 185 (1951)... 140 Small, Norman J., "Procedures for Amending the United States Hollingsworth v. Virginia, 3 U.S. (3 Dall.) 378 (1798). Leser v. Garnett, 258 U.S. 130 (1922). PROCEDURES FOR CALLING CONSTITUTIONAL CONVENTIONS UPON APPLICATION BY STATES MONDAY, OCTOBER 30, 1967 U.S. SENATE, SUBCOMMITTEE ON SEPARATION OF POWERS OF THE COMMITTEE ON THE JUDICIARY, Washington, D.C. The subcommittee met, pursuant to recess, at 10:10 a.m., in room 2228, New Senate Office Building, Senator Everett McKinley Dirksen presiding. Present: Senators Dirksen, Hruska, and Tydings. Also present: Paul L. Woodard, chief counsel, Lawrence J. Brady, minority counsel; Prof. Philip B. Kurland, chief consultant, Prof. Robert G. McCloskey, consultant, and Prof. Alexander M. Bickel, consultant. Senator DIRKSEN. The committee will come to order. the text of article V of the Constitution of the United States. CONSTITUTION OF THE UNITED STATES 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. Senator DIRKSEN. Senator Ervin is unable to be present at today's session. I think it would be appropriate to insert into the record the statement which he made on August 17, 1967, when he introduced Senate bill 2307. I will also ask that a copy of the bill be made a part of the record. (The statement of Senator Ervin, and S. 2307 follow:) REMARKS OF SENATOR SAM J. ERVIN, JR., DEMOCRAT OF NORTH CAROLINA Mr. President, I introduce, for appropriate reference, a bill to establish procedures for calling constitutional conventions for proposing amendments to the Constitution of the United States upon application of the legislatures of two-thirds of the States, pursuant to Article V of the Constitution. (1) |