documents:cosproject:congress_refuse_call
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====== What if Congress Refuses to Call an Article V Convention? ====== | ====== What if Congress Refuses to Call an Article V Convention? ====== | ||
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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. ((See generally, Robert G. Natelson, “Proposing Constitutional Amendments by Convention: Rules Governing the Process,” 78 TENN. L. REV. 693, 733-738 (2011) (citing additional authorities).)) | 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. ((See generally, Robert G. Natelson, “Proposing Constitutional Amendments by Convention: Rules Governing the Process,” 78 TENN. L. REV. 693, 733-738 (2011) (citing additional authorities).)) | ||
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Alexander Hamilton made it abundantly clear that <wrap hi> | Alexander Hamilton made it abundantly clear that <wrap hi> | ||
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[T]he national rulers, whenever nine States concur, will have no option upon the subject. By the fifth article of the plan, the Congress will be obliged “on the application of the legislatures of two thirds of the States [which at present amount to nine], to call a convention for proposing amendments which shall be valid, to all intents and purposes, as part of the Constitution, | [T]he national rulers, whenever nine States concur, will have no option upon the subject. By the fifth article of the plan, the Congress will be obliged “on the application of the legislatures of two thirds of the States [which at present amount to nine], to call a convention for proposing amendments which shall be valid, to all intents and purposes, as part of the Constitution, | ||
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documents/cosproject/congress_refuse_call.txt · Last modified: 2021/02/23 16:14 by 127.0.0.1