Proposition mechanism: U.S. Constitution amendment via proposition?

Proposition mechanism: U.S. Constitution amendment via proposition?

This is a discussion on Proposition mechanism: U.S. Constitution amendment via proposition? within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Question, for those of you who are knowledgeable about the Constitution and what options exist for getting a constitutional amendment in place: Can the propositions ...

Results 1 to 7 of 7
Like Tree1Likes
  • 1 Post By Hopyard

Thread: Proposition mechanism: U.S. Constitution amendment via proposition?

  1. #1
    VIP Member Array ccw9mm's Avatar
    Join Date
    Jul 2006
    Location
    USA
    Posts
    27,028

    Proposition mechanism: U.S. Constitution amendment via proposition?

    Question, for those of you who are knowledgeable about the Constitution and what options exist for getting a constitutional amendment in place:

    Can the propositions mechanism that's used in the states also be used for forcing such proposals to get considered despite opposition from our legislators to write any such bill? Or, is the only constitutionally lawful mechanism for getting any such amendments the traditional bill being proposed in Congress?

    If you're able, please reference the article/section in the U.S. Constitution that specifies the required process. I can't seem to find it.

    Of course, this idea of the Propositions mechanism assumes the requisite signatures are gathered, the proposed bill is written, that it's voted on in the House and Senate, and then if passed (being a constitutional amendment) it would head off to the states for ratifying.
    Your best weapon is your brain. Don't leave home without it.
    Thoughts: Justifiable self defense (A.O.J.).
    Explain: How does disarming victims reduce the number of victims?
    Reason over Force: The Gun is Civilization (Marko Kloos).
    NRA, SAF, GOA, OFF, ACLDN.


  2. #2
    Senior Member Array Tzadik's Avatar
    Join Date
    Jun 2011
    Location
    Suffolk, Virginia
    Posts
    609
    Article 5:


    " ...,shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which 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,..."

  3. #3
    Member
    Array dling's Avatar
    Join Date
    Dec 2006
    Location
    AZ
    Posts
    436
    Article V
    Bitter clinger!

    There are consequences…..

  4. #4
    VIP Member Array oakchas's Avatar
    Join Date
    Jun 2009
    Location
    Iowa
    Posts
    7,414
    Quote Originally Posted by Tzadik View Post
    Article 5:


    " ...,shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which 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,..."
    Quote Originally Posted by dling View Post
    Article V
    Pretty certain that ccw can read, these responses don't help... I for one, would like an answer as to how it (the process) works, or has worked in the past...
    I think ccw is looking for the same answers.

    I do know that in the past (with prohibition, suffrage, at least) the process was inexorably slow, as it should be.

    I do think the repeal of prohibition took far less time than prohibition did.

    Looking to change the constitution to say, clarify the second, or term limits, or recall, would be nigh unto impossible, methinks.

    Ask a woman who supported the ERA, it would be very hard.



    Yeah, I got tapatalk, too. So what?
    Rats!
    It could be worse!
    I suppose

  5. #5
    VIP Member
    Array PEF's Avatar
    Join Date
    Aug 2011
    Location
    Georgia
    Posts
    3,783
    Ye Old Fashioned Constitutional Convention:

    The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, 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, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

    Never been done that way, though.
    -PEF, a Framer with a Steelie...
    ~~~~~~~~~~~~~~~~~~~~~~
    1. All guns are always loaded.
    2. Never let the muzzle cover anything you are not willing to destroy.
    3. Keep your finger off the trigger until your sights are on the target.
    4. Be sure of your target and what is beyond it.

  6. #6
    VIP Member
    Array Hopyard's Avatar
    Join Date
    Jun 2006
    Location
    Disappeared
    Posts
    11,663
    Quote Originally Posted by PEF View Post
    Ye Old Fashioned Constitutional Convention:

    The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, 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, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

    Never been done that way, though.
    And wisely not. When amendments come from Congress they are limited in topic and scope. Then, they must get past the various state legislatures.

    A constitutional convention could re-write the whole document. When they were done we could have a parliamentary system and only 10 states; and a judiciary
    beholden to the Executive. There is just no telling what mischief a constitutional convention could come up with.

    We got lucky once. Today's politicos lack the intellectual qualities of these folks:

    http://www.archives.gov/exhibits/cha...g_fathers.html

    Those old boys were literate in English, Latin, Greek, French, science such as it was
    known in their day, economics, law, philosophy, and religion. We don't make them like that
    anymore.

    Once was enough.
    nontechguy likes this.
    If the Union is once severed, the line of separation will grow wider and wider, and the controversies which are now debated and settled in the halls of legislation will then be tried in fields of battle and determined by the sword.
    Andrew Jackson

  7. #7
    VIP Member Array NONAME762's Avatar
    Join Date
    Feb 2013
    Location
    About 235M out of The Palouse WA
    Posts
    7,773
    The Kent State Song is On 4 Head in O HI OOOOOOOOOOO
    Firing a suppressed is on my Bucket List.

    I'm just a spoke in the wheel but not a big deal.

    America...a Constitutional Republic. NOT a democracy as the liberals would have us believe.

Links

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Search tags for this page

mechanisms for constitutional amendment

Click on a term to search for related topics.

» Log in

User Name:

Password:

Not a member yet?
Register Now!

» DefensiveCarry Sponsors