Article V - Amendment
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.
Now with that said -- let's take a history lesson that needs to be understood. We have to assert our rights.
As the Constitution is forevermore rendered an inconvenience to revolution the time to act and strip Congress of its power is now. You will hear that Article V is dangerous in the hands of the states. Please consider what Article V has resulted in in the hands of Congress. And lest anyone be lobbied to believe that "The Founding Fathers did not intend for the States and the people to use this power, i present the history of the Article as recorded in James Madison's notes of the Federal Convention.
First, Article V as drafted by the "Committee of Stile and Substance" was presented to the delegates on 12 September, 1787, it read...
V. "The Congress, whenever two-thirds of both houses shall deem necessary, or on the application of two-thirds25 of the legislatures of the several states, shall propose amendments to this constitution, which shall be valid to all intents and purposes, as part thereof, when the same shall have been ratified by three-fourths at least of26 the legislatures27 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 1808 shall in any manner affect the 28th and 29th sections of the article."
George Mason, didn't like what he heard and rose to raise his objections.
"[It] would be improper to require the consent of the Natl. Legislature, because they may abuse their power, and refuse their consent on that very account. No amendments of the proper kind would ever be obtained by the people, if the Government should become oppressive."
When the delegates adjourned Mason took on the task of writing objections to this article and others. When business resumed on Saturday, 15 September, 1787 Mason made his move. Here is how Madison recorded the transaction.
Col: Mason thought the plan of amending the Constitution exceptionable & dangerous. As the proposing of amendments is in both the modes to depend, in the first immediately, and in the second, ultimately, on Congress, no amendments of the proper kind would ever be obtained by the people, if the Government should become oppressive, as he verily believed would be the case.8
Mr. Govr. Morris & Mr. Gerry moved to amend the article so as to require a Convention on application of ⅔ of the Sts
Mr Madison did not see why Congress would not be as much bound to propose amendments applied for by two thirds of the States as to call a call a Convention on the like application. He saw no objection however against providing for a Convention for the purpose of amendments, except only that difficulties might arise as to the form, the quorum &c. which in Constitutional regulations ought to be as much as possible avoided.
The motion of Mr. Govr Morris and Mr. Gerry was agreed to nem: con
Thus Article V was amended nem con- nemene contradecente Latin for "Without Objection". The Founding Fathers then, by unanimous vote, left the power to amend the Constitution should Congress become oppressive in the hands of the State Legislatures and thus the people.
So read it again
Article V of the U.S. Constitution.
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
So before you live another day under a government's heel, pay heed, for we can change our country's future. By the lessons of founders past.
Look over to the right of here, see that want an constitutional education? Well what are you waiting for? The Dude abides.
edit: thanks griper for the correction, but really -- do you think any libtard or for that matter democrat, actually wants to read this stuff?
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3 comments:
"...and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate."
mmmm, would seem to me that the 17th amendment violates this clause.
reason:
1. governments are the recognized representative or spokespersons of any and every State in the world, not the citizens of that State.
2. thus to declare that the Senate is to represent the State he must be elected or selected by the people who hold the seat of governments of that State.
3. based on this clause it would take an unanimous agreement of every State for an amendment to the Constitution before a State could be deprived of its equal suffrage because it stipulates that each State has to give its consent.
4. Since 10 States rejected the 17th amendment, each of those 10 States were deprived of their suffrage without their consent.
Wikipedia, 17th Amendment
to answer your question, for purpose of an honest debate, no. but they'd read it for the purpose of justifying their accusations against the right.
The states cannot propose amendments but only ask for a convention call. See www.foavc.org FAQ section for discussion on this issue.
Also read Federalist 85 as well as the four SC decisions on this. Also read the 700 applications from all 50 states. All can be read at www.foavc.org.
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