Constitutional Convention Procedures: Hearing Before the Subcommittee on the Constitution of the Committee on the Judiciary, United States Senate, Ninety-sixth Congress, First Session, on S. 3, S. 520 and S. 1710 ... November 29, 1979 |
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Page 45
... legislation appropriately . I am extremely enthusiastic about the quality of witnesses that our subcommittee will have before it today , and I am confident that each of them will enable us to make wiser and more informed decisions on ...
... legislation appropriately . I am extremely enthusiastic about the quality of witnesses that our subcommittee will have before it today , and I am confident that each of them will enable us to make wiser and more informed decisions on ...
Page 50
... legislation with respect to this alternative method of amending the Constitution . I might add , paren- thetically , that in terms of our study , we took as a given article V. It was not part of our study to deal with the issue of ...
... legislation with respect to this alternative method of amending the Constitution . I might add , paren- thetically , that in terms of our study , we took as a given article V. It was not part of our study to deal with the issue of ...
Page 51
... legislation , such as the content of applications . We felt that under article V , Congress had the power not only to call a convention , but to make a judgment as to whether or not the conditions for such a call were present , and we ...
... legislation , such as the content of applications . We felt that under article V , Congress had the power not only to call a convention , but to make a judgment as to whether or not the conditions for such a call were present , and we ...
Page 52
... legislation were adopted , as we hope this Congress will adopt on this subject , that that legislation should provide for limited judicial review of deter- minations made in the process . Finally , and reflecting , Senator , the ...
... legislation were adopted , as we hope this Congress will adopt on this subject , that that legislation should provide for limited judicial review of deter- minations made in the process . Finally , and reflecting , Senator , the ...
Page 53
... legislation , our report indicates that we gave a lot of thought to that and we felt that the standard of the same subject matter , was per- haps as best as we could achieve in terms of language . We also felt that , at least initially ...
... legislation , our report indicates that we gave a lot of thought to that and we felt that the standard of the same subject matter , was per- haps as best as we could achieve in terms of language . We also felt that , at least initially ...
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Common terms and phrases
18th amendment 96th Congress action adopted amending process amending the Constitution American Bar Association approval Article V convention Articles of Confederation authority balanced budget balanced budget amendment Bar Report believe bill Buckwalter call a convention committee concurrent resolution Cong Congress to call congressional consider CONST constitutional amendment convention called convention delegates Convention for proposing convention method Convention of 1787 convention process convention's debate Dellinger effect electorate Ervin FEERICK framers governor gress House of Representatives initiating amendments issue judicial review Judiciary legislation limited convention Madison majority means ment method of amendment national constitutional convention petitions Philadelphia Convention political President problem procedures propose an amendment proposed amendment question ratification reapportionment reason rescind Revision role Section Senator BAYH South Carolina specific stitution submitted suggested supra note Supreme Court three-fourths tion tional U.S. CONST United United States Constitution vention veto vote
Popular passages
Page 96 - Prominent on the surface of any case held to involve a political question is found a textually demonstrable constitutional commitment of the issue to a coordinate political department; or a lack of judicially discoverable and manageable standards for resolving it; or the impossibility of deciding without an initial policy determination of a kind clearly for nonjudicial discretion...
Page 192 - Provided, that no amendment which may be made prior to the year 1808, 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.
Page 666 - ... a textually demonstrable constitutional commitment of the issue to a coordinate political department; or a lack of judicially discoverable and manageable standards for resolving it; or the impossibility of deciding without an initial policy determination of a kind clearly for nonjudicial discretion ; or the impossibility of a court's undertaking independent resolution without expressing lack of the respect due coordinate branches of government ; or an unusual need for unquestioning adherence...
Page 394 - I will venture to add that to me the Convention mode seems preferable, in that it allows amendments to originate with the people themselves, instead of only permitting them to take or reject propositions, originated by others, not especially chosen for the purpose, and which might not be precisely such as they would wish to either accept or refuse.
Page 613 - It is one of the happy incidents of the federal system that a single courageous state may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country.
Page 245 - But the articles to be amended, and the amendments proposed, and such articles as are proposed to be added or abolished, shall be promulgated at least six months before the day appointed for the election of such convention, for the previous consideration of the people, that they may have an opportunity of instructing their delegates on the subject.
Page 493 - States (which at present amount to nine), to call a convention for proposing amendments, which shall be valid, to all intents and purposes, as part of the Constitution, when ratified by the legislatures of three-fourths of the States, or by conventions in three-fourths thereof." The words of this article are peremptory. The Congress "shall call a convention.
Page 563 - Each House shall determine the rules of its proceedings, and be the judge of the election, returns and qualifications of its members...
Page 344 - Resolved that provision ought to be made for the amendment of the Articles of Union whensoever it shall seem necessary, and that the assent of the National Legislature ought not to be required thereto.
Page 129 - Congress sine die ; but (2) in the computation of the sixty-day period there shall be excluded the days on which either House is not in session because of an adjournment of more than three days to a day certain.