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documents:answers:states_control-convention [2015/11/09 14:59]
Oliver Wolcott
documents:answers:states_control-convention [2016/01/19 03:22]
Oliver Wolcott ↷ Links adapted because of a move operation
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 This second mode of ratification,​ however, hardly excludes the state legislatures. As was the case with the ratification of the [[historicaldocuments:​constitution-lateramendments|21st Amendment]],​ state legislatures will be the bodies deciding how delegates to the state ratification conventions will be selected <​sup>​[[#​vi|(6)]]</​sup>​. Though state legislatures may not be voting directly on ratification,​ they will still exert significant influence over the process. This second mode of ratification,​ however, hardly excludes the state legislatures. As was the case with the ratification of the [[historicaldocuments:​constitution-lateramendments|21st Amendment]],​ state legislatures will be the bodies deciding how delegates to the state ratification conventions will be selected <​sup>​[[#​vi|(6)]]</​sup>​. Though state legislatures may not be voting directly on ratification,​ they will still exert significant influence over the process.
  
-Stepping solidly outside the realm of plausibility,​ Mr. Brown then states that a third method of ratification is possible, where the convention unilaterally scraps the three-fourths ratification requirement and imposes some lower threshold of its own invention. His basis for this claim is that the Constitutional Convention of 1787 invented a [[documents:​answers:​jbsqa#​was_the_constitution_illegally_ratified|new method of ratification]] for the Constitution,​ so an Article V convention today could do the same.+Stepping solidly outside the realm of plausibility,​ Mr. Brown then states that a third method of ratification is possible, where the convention unilaterally scraps the three-fourths ratification requirement and imposes some lower threshold of its own invention. His basis for this claim is that the Constitutional Convention of 1787 invented a [[documents:​answers:​answering_the_john_birch_society_questions_about_article_v_jbsqa#​was_the_constitution_illegally_ratified|new method of ratification]] for the Constitution,​ so an Article V convention today could do the same.
  
 Leaving aside the historical inaccuracies behind this argument, <​sup>​[[#​vii|(7)]]</​sup>​ it ignores a fundamental difference between the Constitutional Convention and an Article V convention. The Constitutional Convention was not called under the Articles of Confederation. The Articles made no provision for such a convention <​sup>​[[#​viii|(8)]]</​sup>​. Rather the Constitutional Convention was called under the reserved sovereign authority of the states. Therefore, it could do anything which the states allowed it to, up to and including choosing a method of ratification for its own proposals. By contrast, an Article V convention is, by definition, called under the authority given in the Constitution. Therefore it is subject to the procedures and forms laid down in the Constitution,​ like those for ratification. Mr. Brown and other opponents of a convention gloss over this critical distinction,​ and consequently err in their analysis. Leaving aside the historical inaccuracies behind this argument, <​sup>​[[#​vii|(7)]]</​sup>​ it ignores a fundamental difference between the Constitutional Convention and an Article V convention. The Constitutional Convention was not called under the Articles of Confederation. The Articles made no provision for such a convention <​sup>​[[#​viii|(8)]]</​sup>​. Rather the Constitutional Convention was called under the reserved sovereign authority of the states. Therefore, it could do anything which the states allowed it to, up to and including choosing a method of ratification for its own proposals. By contrast, an Article V convention is, by definition, called under the authority given in the Constitution. Therefore it is subject to the procedures and forms laid down in the Constitution,​ like those for ratification. Mr. Brown and other opponents of a convention gloss over this critical distinction,​ and consequently err in their analysis.
documents/answers/states_control-convention.txt · Last modified: 2016/02/02 04:38 by Oliver Wolcott