It is clear from
Article V that the States, acting in ¾ majority, have the power to amend our
Constitution without permission of Federal Government – just as the States
acted in concert at the 1787 Philadelphia Constitutional Convention to create
our Constitution and Federal Government.
There
has been much talk and much written over the last few years regarding the
expansion of Federal Government outside the bounds of our Constitution. Some,
like Thomas Jefferson and James Madison, advocate State nullification and/or
State-controlled amendment under Article V. Others are convinced that the
electoral process can correct our out-of-control Federal Government. I believe
all of the above should be on the table and therefore discussed and written
about. Let’s start with the amendment process:
“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…” Article V, U.S.
Constitution.
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