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 4
... tion of the United States and stating the nature of the 6 amendment or amendments to be proposed . 7 APPLICATION PROCEDURE 8 SEC . 3. ( a ) For the purpose of adopting or rescinding a 9 resolution pursuant to section 2 or section 5 of ...
... tion of the United States and stating the nature of the 6 amendment or amendments to be proposed . 7 APPLICATION PROCEDURE 8 SEC . 3. ( a ) For the purpose of adopting or rescinding a 9 resolution pursuant to section 2 or section 5 of ...
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... tion to discern what we can from it . And we must look to the policies that the founders hoped to achieve through article V and conform our procedures legislation appropriately . I am extremely enthusiastic about the quality of ...
... tion to discern what we can from it . And we must look to the policies that the founders hoped to achieve through article V and conform our procedures legislation appropriately . I am extremely enthusiastic about the quality of ...
Page 54
... tion of a primary role to be played by Congress and , in certain respects , by the State legislatures , and , at the same time , a role for the courts . Senator HATCH . In the event this committee rejects the interpreta- tion of those ...
... tion of a primary role to be played by Congress and , in certain respects , by the State legislatures , and , at the same time , a role for the courts . Senator HATCH . In the event this committee rejects the interpreta- tion of those ...
Page 59
... tion by majority vote ? Three - fourths of the States ratifying would still be necessary . As I noted in my opening remarks , I strongly believe that considera- tion of this bill should be divorced from contemporary constitutional ...
... tion by majority vote ? Three - fourths of the States ratifying would still be necessary . As I noted in my opening remarks , I strongly believe that considera- tion of this bill should be divorced from contemporary constitutional ...
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... tion would have to be forged in time of divisive controversy and confusion when there would be a high premium on obstructive and result - oriented tactics . " It is far more prudent , we believe , to confront the problem openly and to ...
... tion would have to be forged in time of divisive controversy and confusion when there would be a high premium on obstructive and result - oriented tactics . " It is far more prudent , we believe , to confront the problem openly and to ...
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Common terms and phrases
1st Sess 96th Congress action adopted amending the Constitution amendment process American Bar Association approval Article V convention Articles of Confederation authority balanced budget balanced budget amendment Bar Report believe Birch Bayh call a convention Committee concurrent resolution Cong Congress to call consider consti constitutional amendment convention called convention delegates Convention for proposing convention method Convention of 1787 convention's debate decisions DELLINGER effect electorate Ervin Bill framers governor gress House of Representatives initiating issue judicial review Judiciary latures legislation limited convention Madison majority means ment method of amendment mode of ratification national constitutional convention petitions Philadelphia Convention political President problem Professor propose an amendment proposed amendment purpose question ratification reapportionment reason rescind revision Section Senator BAYH specific stitution submitted supra note Supreme Court three-fourths tion tional U.S. CONST United United States Constitution valid applications 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.