documents:answers:the_crs_report_on_articlev
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authoring:cospwiki:answers:the_crs_report_on_articlev [2015/10/28 20:49] – created Oliver Wolcott | authoring:cospwiki:answers:the_crs_report_on_articlev [2015/10/28 20:57] – Oliver Wolcott | ||
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+ | ======The Congressional Research Service Report on Article V====== | ||
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+ | [[http:// | ||
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+ | Since 2012, the Congressional Research Service (" | ||
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+ | While both documents contain a wealth of historical data and a survey of scholarly opinions regarding Article V, it is important to bear in mind that they are, in fact, merely a collection of data and scholarship rather than a source of definitive answers to the questions presented. The CRS does not advocate any particular position on the use of Article V to call for a Convention to propose amendments. | ||
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+ | The reports acknowledge a number of well-established facts about the operation of Article V's Convention mechanism, including: | ||
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+ | *Congress is obligated to call a Convention for proposing amendments if 34 states apply; | ||
+ | *The Founders included this process as a way for the states to bypass Congress in getting needed amendments passed; | ||
+ | *The process is an alternative to federal deadlock; | ||
+ | *Congress has no authority to " | ||
+ | *The President plays no role in the process. | ||
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+ | The CRS also acknowledges that under the plain text of Article V, Congress' | ||
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+ | While most of these functions are merely components of Congress' | ||
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+ | As Article V expert, author, and constitutional historian Robert Natelson explains, "[T]he Article V Convention is a creature %%**%%* of the state legislatures, | ||
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+ | The power to adopt rules for its proceedings is vested in the Convention itself, according to Founding-Era custom and historical precedent. (7) It is not a matter over which Congress exercises discretion. (8) The rules set by the Convention include the rule of suffrage, but the initial rule is "one state, one vote." (9) | ||
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+ | So these two powers—the power to regulate delegate selection and apportionment and to adopt Convention rules—are not within the purview of Congress. And in fact, the CRS Report' | ||
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+ | =====End Notes===== | ||
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+ | 1. Thomas J. Neale, CRS Report R42592, The Article V Convention for Proposing Constitutional Amendments: Historical perspectives for Congress (Oct. 22, 2012). | ||
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+ | 2. Thomas J. Neale, CRS Report R42589, The Article V Convention to Propose Constitutional Amendments: Contemporary Issues for Congress (March 7, 2014). | ||
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+ | 3. Report R42589, supra, p. 4. | ||
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+ | 4. Id. | ||
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+ | 5. Robert G. Natelson, " | ||
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+ | 6. Id. | ||
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+ | 7. Id. (citing Dyer v. Blair, 390 F.Supp. 1291, 1307 (N.D. Ill. 1975) (" | ||
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+ | 8. Id. See also Russell L. Caplan, CONSTITUTIONAL BRINKMANSHIP: | ||
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+ | 9. Id., at 741. | ||
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documents/answers/the_crs_report_on_articlev.txt · Last modified: 2021/03/15 12:57 by Oliver Wolcott