documents:cosproject:congress_refuse_call
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| documents:cosproject:congress_refuse_call [2019/08/14 22:04] – Oliver Wolcott | documents:cosproject:congress_refuse_call [2019/08/14 22:06] – Oliver Wolcott | ||
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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).)) | ||
documents/cosproject/congress_refuse_call.txt · Last modified: 2021/02/23 16:14 by 127.0.0.1