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documents:cosproject:surge:article_14-articlevconvention [2018/03/18 01:01] – Oliver Wolcott | documents:cosproject:surge:article_14-articlevconvention [2018/03/25 10:26] – Oliver Wolcott |
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====== Article 14-ArticleVConvention ====== | ====== Article 14 - An Article V Convention is not a Constitutional Convention ====== |
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{{tag>surge articlev hamilton madison}} | {{tag>surge articlev hamilton madison}} |
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<blockquote>“There can, therefore, be no comparison between the facility of affecting an amendment, and that of establishing in the first instance a complete Constitution.” | <blockquote>“There can, therefore, be no comparison between the facility of affecting an amendment, and that of establishing in the first instance a complete Constitution.” |
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//Hence the necessity of moulding and arranging all the particulars which are to compose the whole, in such a manner as to __satisfy all the parties to the compact__; and hence, also, an immense multiplication of difficulties and casualties in __obtaining the collective assent to a final act....__// | //Hence the necessity of moulding and arranging all the particulars which are to compose the whole, in such a manner as to __satisfy all the parties to the compact__; and hence, also, an immense multiplication of difficulties and casualties in __obtaining the collective assent to a final act....__// |
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{{article_14-articlevconvention_Image_3.jpg?210 | James Madison}} | {{:documents:cosproject:surge:surge-14-2.png?400| James Madison}} |
//“__But every amendment__ to the Constitution, if once established, __would be a single proposition, and might be brought forward singly__.... The will of the// //requisite number would at once bring the matter to a decisive issue. And consequently, whenever nine ( <sup>2</sup>⁄3), or rather ten States ( <sup>3</sup>⁄4), were united in the desire of a particular amendment, that amendment must infallibly prevail. There can, therefore, be no comparison between the facility of affecting an amendment, and that of establishing in the first instance a complete Constitution.”// | //“__But every amendment__ to the Constitution, if once established, __would be a single proposition, and might be brought forward singly__.... The will of the// //requisite number would at once bring the matter to a decisive issue. And consequently, whenever nine ( <sup>2</sup>⁄3), or rather ten States ( <sup>3</sup>⁄4), were united in the desire of a particular amendment, that amendment must infallibly prevail. There can, therefore, be no comparison between the facility of affecting an amendment, and that of establishing in the first instance a complete Constitution.”// |
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**Text of Article V Does Not Allow For a New Constitution to Be Drafted** | **Text of Article V Does Not Allow For a New Constitution to Be Drafted** \\ |
Last but not least is the fact that Article V does not allow for a new Constitution to be drafted, because the text states: //“Congress ... shall call a////Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, ////__as Part of this Constitution__////, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof....” //When ratified, the amendments proposed by a convention become part of our current Constitution. A convention can-not, under the plain text of Article V, set up a new constitution. | Last but not least is the fact that Article V does not allow for a new Constitution to be drafted, because the text states: //“Congress ... shall call a////Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, ////__as Part of this Constitution__////, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof....” //When ratified, the amendments proposed by a convention become part of our current Constitution. A convention can-not, under the plain text of Article V, set up a new constitution. |
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