documents:cosproject:surge:article_14-articlevconvention
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documents:cosproject:surge:article_14-articlevconvention [2018/03/25 10:26] – Oliver Wolcott | documents:cosproject:surge:article_14-articlevconvention [2018/03/25 10:39] – Oliver Wolcott | ||
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+ | //“There can, therefore, be no comparison between the facility of affecting an amendment, and that of establishing in the first instance a complete Constitution.”// | ||
— Alexander Hamilton | — Alexander Hamilton | ||
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+ | ---- | ||
===== An Article V Convention Is Not a Constitutional Convention ===== | ===== An Article V Convention Is Not a Constitutional Convention ===== | ||
**By Ken Quinn** | **By Ken Quinn** | ||
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Another major difference between a Constitutional Convention and an Article V convention for proposing amendments is the passage and ratification process. A new Constitution must be passed and ratified as a complete document, whereas amendments are passed and ratified individually. Alexander Hamilton explains in Federalist 85: | Another major difference between a Constitutional Convention and an Article V convention for proposing amendments is the passage and ratification process. A new Constitution must be passed and ratified as a complete document, whereas amendments are passed and ratified individually. Alexander Hamilton explains in Federalist 85: | ||
- | //“Every Constitution for the United States must// | + | //“Every Constitution for the United States must inevitably consist of a great variety of particulars....// |
+ | //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....__// | ||
+ | //“__But every amendment__ to the Constitution, | ||
^ **DIFFERENCES BETWEEN A CONSTITUTIONAL CONVENTION AND AN ARTICLE V CONVENTION** ^^^ | ^ **DIFFERENCES BETWEEN A CONSTITUTIONAL CONVENTION AND AN ARTICLE V CONVENTION** ^^^ | ||
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| Votes for Ratification by the States| Only Binds States That Ratify It| Ratified by Three-fourths and Binds All States | | | Votes for Ratification by the States| Only Binds States That Ratify It| Ratified by Three-fourths and Binds All States | | ||
- | // | + | {{: |
- | //Hence the necessity | + | ---- |
+ | //“Should | ||
- | {{: | + | — James Madison, |
- | //“__But every amendment__ to the Constitution, if once established, | + | ---- |
**Text of Article V Unequivocally States “Convention for Proposing Amendments”** | **Text of Article V Unequivocally States “Convention for Proposing Amendments”** | ||
Article V could not be any clearer in regards to the powers a convention is given. Here is the relevant portion of text: //“The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, | Article V could not be any clearer in regards to the powers a convention is given. Here is the relevant portion of text: //“The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, | ||
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- | — James Madison, Letter to Edward Everett, August 28, 1830 | ||
- | </ | ||
- | /* {{article_14-articlevconvention_Image_5.jpg}} */ | ||
**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** \\ |
documents/cosproject/surge/article_14-articlevconvention.txt · Last modified: 2021/12/31 23:27 by Oliver Wolcott