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crazy horse 0

12/09/13 7:22 PM

#8934 RE: Bertsllc #8918

The amendatory process under Article V consists of three steps: Proposal, Disposal, and Ratification.

Proposal:

There are two ways to propose an amendment to the Constitution.

The Congressional Method requires the House and Senate to pass an amendment by a two-thirds majority.
The Amendments Convention Method requires the legislatures of two-thirds of the states to petition Congress to call a Convention for Proposing Amendments. The states may request a single-subject convention or a general convention open to all subjects. Once the two-thirds threshold is reached, Congress is required to set a time and place for the convention.

Article V gives Congress and an Amendments Convention exactly the same power to propose amendments, no more and no less.

Disposal:

Once Congress, or an Amendments Convention, proposes amendments, Congress must decide whether the states will ratify by the:

State Legislature Method, or the
State Ratifying Convention Method.

The State Ratifying Convention Method has only been used twice: once to ratify the Constitution, and once to ratify the 21st Amendment repealing Prohibition.

Ratification:


Depending upon which ratification method is chosen by Congress, either the state legislatures vote up-or-down on the proposed amendment, or the voters elect a state ratifying convention to vote up-or-down. If three-quarters of the states vote to ratify, the amendment becomes part of the Constitution.


RESOURCES & OPINIONS:


from the American Legislative Exchange Council, a conservative pro-business group. This document has been sent to every state legislator in the country:

Proposing Constitutional Amendments by a Convention of the States: A Handbook for State Lawmakers
http://www.scribd.com/doc/126641416/Article-V-Handbook

Convention of States Project
http://www.conventionofstates.com/news/twenty-six-states-pave-road-freedom

Indiana Statute Governing Delegates to Article V Amendment Convention
Indiana has already passed statutes. Duties of Article V convention delegates. Describes the duties of delegates and alternate delegates to a convention called under Article V of the Constitution of the United States.Provides that a vote cast by a delegate or an alternate delegate that is outside the scope of the instructions given by the general assembly is void. Provides that a delegate or alternate delegate who votes or attempts to vote outside the scope of the instructions given by the general assembly forfeits the delegate's appointment by virtue of that vote or attempt to vote. see more here: http://www.in.gov/legislative/bills/2013/SE/SE0224.1.html


Here is a compilation of recent articles and opinions
http://www.freerepublic.com/tag/articlev/index?tab=articles