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documents:cosproject:compendium [2015/11/23 08:26] Oliver Wolcottdocuments:cosproject:compendium [2018/05/04 22:09] Oliver Wolcott
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 <WRAP round download 60%> <WRAP round download 60%>
 Article V Legislative Compendium Article V Legislative Compendium
-[[http://www.conventionofstates.com/compendium|PDF Download]]+[[http://wiki.conventionofstates.com/lib/exe/fetch.php?media=documents:cosproject:compendium-3.01.pdf|PDF Download for Printing]] \\ 
 +**eBooks:** \\ 
 +Formats available {{ :ebook:articlev_legislative_compendium_-_natelson_convention_of_states.pdf |[PDF]}}  {{ :ebook:articlev_legislative_compendium_-_natelson_convention_of_states.epub |[ePub]}} {{ :ebook:articlev_legislative_compendium_-_natelson_convention_of_states.mobi |[Mobi]}} 
 </WRAP> </WRAP>
- +/* for .../toolkit , was http://www.conventionofstates.com/compendium  */ 
-{{:documents:cosproject:compendium-cover.png?nolink&400 |}}+/* for .../responses to opposition , was https://www.dropbox.com/s/muot3rb7puavb8g/Compendium%203.1.pdf?dl=0 */ 
 +{{:documents:cosproject:compendium-cover.png?direct&400 |}}
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 ====== State Initiation of Constitutional Amendments: ====== ====== State Initiation of Constitutional Amendments: ======
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 The Necessary and Proper Clause appears in Article I, Section 8 at the end of an (incomplete) list of congressional powers. It reads: The Necessary and Proper Clause appears in Article I, Section 8 at the end of an (incomplete) list of congressional powers. It reads:
  
-The Congress shall have Power . . . To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.((#U.S. Const. art. I, § 8, cl. 18.))+The Congress shall have Power . . . To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.((#U.S. [[historicaldocuments:constitution#section_8|Const. art. I, § 8, cl. 18]].))
  
  
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 To be sure, all of these persons and entities receive their authority from the Constitution and therefore are said to exercise "federal functions."((# See section 3.6; see also Ray v. Blair, 343 U.S. 214 (1952).)) But exercise of a federal function does not render an independent actor part of, or an agent of, the U.S. Government.((# Ray, supra, 343 U.S. at 224-25 (“The presidential electors exercise a federal function in balloting for President and Vice-President but they are not federal officers or agents any more than the state elector who votes for congressmen. They act by authority of the state that in turn receives its authority from the federal constitution.”) )) To be sure, all of these persons and entities receive their authority from the Constitution and therefore are said to exercise "federal functions."((# See section 3.6; see also Ray v. Blair, 343 U.S. 214 (1952).)) But exercise of a federal function does not render an independent actor part of, or an agent of, the U.S. Government.((# Ray, supra, 343 U.S. at 224-25 (“The presidential electors exercise a federal function in balloting for President and Vice-President but they are not federal officers or agents any more than the state elector who votes for congressmen. They act by authority of the state that in turn receives its authority from the federal constitution.”) ))
  
- For this reason the Necessary and Proper Clause does not encompass the independent assemblies empowered by Article V, even if, like Congress, they serve as part of government when acting in other capacities.((# The non-applicability of the Necessary and Proper Clause help explains why the Times, Places and Manner Clause (also called the Elections Clause) includes a specific term permitting Congress to act in the area. U.S. Const., art. I, § 4, cl. 1.+ For this reason the Necessary and Proper Clause does not encompass the independent assemblies empowered by Article V, even if, like Congress, they serve as part of government when acting in other capacities.((# The non-applicability of the Necessary and Proper Clause help explains why the Times, Places and Manner Clause (also called the Elections Clause) includes a specific term permitting Congress to act in the area. [[historicaldocuments:constitution#section_4|U.S. Const., art. I, § 4, cl. 1.]]
  
 Another grant of power to Congress to act in an independent capacity—that is, outside its normal role as the legislature of the U.S. Government—is  U.S. Const., amend. XII (providing for the Senate and House of Representatives to serve as witnesses to the count of electoral votes in presidential elections). ))  Another grant of power to Congress to act in an independent capacity—that is, outside its normal role as the legislature of the U.S. Government—is  U.S. Const., amend. XII (providing for the Senate and House of Representatives to serve as witnesses to the count of electoral votes in presidential elections). )) 
documents/cosproject/compendium.txt · Last modified: 2021/02/23 16:15 by 127.0.0.1