documents:cosproject:surge:article_6-howthecourts
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documents:cosproject:surge:article_6-howthecourts [2018/03/25 09:16] – Oliver Wolcott | documents:cosproject:surge:article_6-howthecourts [2018/03/25 13:17] – Oliver Wolcott | ||
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- | One source of security we have... is the courts’ long history of protecting the integrity of the [amendment] procedure. | + | |
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===== How the Courts have Clarified the Constitution’s Amendment Process ===== | ===== How the Courts have Clarified the Constitution’s Amendment Process ===== | ||
**Robert Natelson, Independence Institute’s Senior Fellow in Constitutional Jurisprudence and Head of the Institute’s Article V Information Center** | **Robert Natelson, Independence Institute’s Senior Fellow in Constitutional Jurisprudence and Head of the Institute’s Article V Information Center** | ||
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Here are some of the key issues the courts have addressed, either in binding judgments or in what lawyers call “persuasive authority.” This listing of cases is only partial. | Here are some of the key issues the courts have addressed, either in binding judgments or in what lawyers call “persuasive authority.” This listing of cases is only partial. | ||
- | * Article V grants enumerated powers to named assemblies—that is, to Congress, state legislatures, | + | * Article V grants enumerated powers to named assemblies—that is, to Congress, state legislatures, |
* Article V gives authority to named assemblies, without participation by the executive. // | * Article V gives authority to named assemblies, without participation by the executive. // | ||
- | * Where the language of Article V is clear, it must be enforced as written. //United//// | + | * Where the language of Article V is clear, it must be enforced as written. //UnitedStates |
* That does not mean, as some have claimed, that judges may never go beyond reading the words and guessing what they signify. Rather, a court may consider the history underlying Article V. //Dyer v. Blair, //390F. Supp.1291(N.D. Ill.1975) (Justice Stevens). It may also consider what is implied as well as what is expressed. //Dillon v. Gloss,//256 U.S. 368 (1921). In other words, courts apply the same rules of interpretation to Article V as elsewhere. | * That does not mean, as some have claimed, that judges may never go beyond reading the words and guessing what they signify. Rather, a court may consider the history underlying Article V. //Dyer v. Blair, //390F. Supp.1291(N.D. Ill.1975) (Justice Stevens). It may also consider what is implied as well as what is expressed. //Dillon v. Gloss,//256 U.S. 368 (1921). In other words, courts apply the same rules of interpretation to Article V as elsewhere. | ||
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* The two - thirds vote required in Congress for proposing amendments is two thirds of a quorum present and voting, not of the entire membership. //State of Rhode Island v. Palmer//, 253 U.S. 320 (1920). | * The two - thirds vote required in Congress for proposing amendments is two thirds of a quorum present and voting, not of the entire membership. //State of Rhode Island v. Palmer//, 253 U.S. 320 (1920). | ||
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- | The courts are very much in the business of protecting Article V procedures, and they have done so for more than two centuries. | + | |
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* A convention for proposing amendments is, like all of its predecessors, | * A convention for proposing amendments is, like all of its predecessors, | ||
documents/cosproject/surge/article_6-howthecourts.txt · Last modified: 2021/02/23 16:14 by 127.0.0.1