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documents:answers:if_congress_refuses_call [2015/11/01 02:23]
Oliver Wolcott ↷ Page moved from authoring:cospwiki:answers:if_congress_refuses_call to documents:answers:if_congress_refuses_call
documents:answers:if_congress_refuses_call [2015/12/25 03:14]
Oliver Wolcott
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 ======What If Congress Refuses to Call a Convention?​====== ======What If Congress Refuses to Call a Convention?​======
  
-[[http://​www.conventionofstates.com/​what_if_congress_refuses_to_call_a_convention|(source)]] ​+[[http://​www.conventionofstates.com/​what_if_congress_refuses_to_call_a_convention|(source)]] 
 +{{tag>​Propose Ratification Congress_control}} ​
  
 Some have suggested that Congress might simply refuse to call an Article V Convention of the States, even if it receives 34 applications from state legislatures for a convention. While we agree that Congress is generally disinclined to relinquish its own power (which is precisely why an Article V Convention is necessary), it is a settled matter of constitutional law that Congress must call the Convention upon receipt of the requisite 34 applications on the same subject matter. <​sup>​[[#​i|(1)]]</​sup>​ Some have suggested that Congress might simply refuse to call an Article V Convention of the States, even if it receives 34 applications from state legislatures for a convention. While we agree that Congress is generally disinclined to relinquish its own power (which is precisely why an Article V Convention is necessary), it is a settled matter of constitutional law that Congress must call the Convention upon receipt of the requisite 34 applications on the same subject matter. <​sup>​[[#​i|(1)]]</​sup>​
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 <​BOOKMARK:​ii>​ 2. Roberts v. United States, 176 U.S. 221, 230 (1900); see also Powell v. McCormick, 395 U.S. 486 (1969) (issuing a declaratory judgment to reinstate an improperly evicted member of Congress); Cooper v. Aaron, 358 U.S. 1 (1958) (rejecting state'​s claim that its legislature and governor were not bound by a federal court'​s injunction). <​BOOKMARK:​ii>​ 2. Roberts v. United States, 176 U.S. 221, 230 (1900); see also Powell v. McCormick, 395 U.S. 486 (1969) (issuing a declaratory judgment to reinstate an improperly evicted member of Congress); Cooper v. Aaron, 358 U.S. 1 (1958) (rejecting state'​s claim that its legislature and governor were not bound by a federal court'​s injunction).
  
-{{tag>​Propose Raftification Congress_control}}+
  
  
documents/answers/if_congress_refuses_call.txt · Last modified: 2015/12/25 03:14 by Oliver Wolcott