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COMMITTEE ON THE JUDICIARY

[96th Congress)

EDWARD M. KENNEDY, Massachusetts, Chairman BIRCH BAYH, Indiana

STROM THURMOND, South Carolina ROBERT C. BYRD, West Virginia

CHARLES MCC. MATHIAS, JR., Maryland JOSEPH R. BIDEN, JR., Delaware

PAUL LAXALT, Nevada JOHN C. CULVER, Iowa

ORRIN G. HATCH, Utah HOWARD M. METZENBAUM, Ohio

ROBERT DOLE, Kansas DENNIS DECONCINI, Arizona

THAD COCHRAN, Mississippi
PATRICK J. LEAHY, Vermont

ALAN K. SIMPSON, Wyoming
MAX BAUCUS, Montana
HOWELL HEFLIN, Alabama

STEPHEN BREYER, Chief Counsel

SUBCOMMITTEE ON THE CONSTITUTION

BIRCH BAYH, Indiana, Chairman HOWARD M. METZENBAUM, Ohio

ORRIN G. HATCH, Utah DENNIS DECONCINI, Arizona

STROM THURMOND, South Carolina HOWELL HEFLIN, Alabama

ALAN K. SIMPSON, Wyoming
KEVIN 0. FALEY, Chief Counsel and Executive Director

MARY K. JOLLY, Staf Director and Counsel
LINDA ROGERS-KINGSBURY, Chief Clerk and Deputy Staf Director
STEVE MARKMAN, Minority Counsel

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CONTENTS

Pago

1

44
44

OPENING STATEMENTS

Bayh, Hon. Birch, a U.S. Senator from the State of Indiana, chairman,

Subcommittee on the Constitution.--.

Hatch, Hon. Orrin G., a U.S. Senator from the State of Utah..
Thurmond, Hon. Strom, a U.S. Senator from the State of South Carolina -

PROPOSED LEGISLATION

S. 3, S. 520, and S. 1710—Bills to provide procedures for calling consti-

tutional conventions for proposing amendments to the Constitution

of the United States, on application of the legislatures of two-thirds of

the States, pursuant to article V of the Constitution...

CHRONOLOGICAL LIST OF WITNESSES

THURSDAY, NOVEMBER 29, 1979

Kimmitt, J. S., Secretary of the Senate ----

Feerick, John D., representing the American Bar Association, New York,

N.Y.

Black, Charles L., Jr., professor, Yale Law School, New Haven, Conn..-

Dellinger, Walter E., professor of law, Duke University -

Van Alstyne, William W., professor, Duke University Law School, Durham,

N.C..

Gunther, Gerald, a William Nelson Cromwell professor of law, Stanford

University School of Law, Stanford, Calif..-

ALPHABETICAL LISTING AND MATERIALS SUBMITTED

Bayh, Hon. Birch:

Opening statement.--

Prepared statement of Senator David Pryor.

Black, Charles, Jr., Professor:

Testimony--

Prepared statement..

Statement on Constitutional Convention application, excerpt from

"The Constitution and the Budget,” American Enterprise Institute

(1980) --

The Proposed Amendment of Article V: A Threatened Disaster, from

the Yale Law Journal vol. 72, No. 5, April 1963.-

Amending the Constitution: A letter to a Congressman, from the Yale

Law Journal, vol. 82, No. 2, December 1972.-

Amendment by National Constitutional Convention: A letter to a

Senator, from the Oklahoma Law Review, vol. 32:626, 1979---

Dellinger, Walter E., Professor:

Testimony---

Prepared statement.-

Who Controls a Constitutional Convention? A response, from the

Duke Law Journal 601, 1979 (advance copy)..

The Recurring Question of the "Limited” Constitutional Convention,

from the Yale Law Journal, vol. 88, No. 8, July 1979...

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190

APPENDIX

Part 1-ADDITIONAL STATEMENTS, News ARTICLES, AND

CORRESPONDENCE

A Second Constitutional Convention: The View From the First Conven-

tion, by Jeffrey T. Bergner.-

A Revival, Just in Case, by James J. Kilpatrick.

A New Constitutional Convention? Harnessing the Tiger, by Frank

Thompson, Jr., and Daniel H. Pollitt, Christianity and Crisis, vol. 39,

April 16, 1979...

Balanced Budget Amendment: Congress vs. States? by Meredith McCoy,

Federal Bar News, April_1979-

Constitutional Convention Procedures, by James A. Michener.

Convention Method of Amending the Constitution, by the Hon. Sam

J. Ervin, Jr., former Senior Senator from North Carolina, published by

Americans for a Constitutional Convention..

Convention Method of Constitutional Amendment: Its Meaning, Use-

fulness, and Wisdom, by John T. Noonan, Jr., Committee on Ways

and Means, Calif. State assembly, February 15, 1979-

Does Article V Restrict the States to Calling Unlimited Conventions

Only?-A Letter to a Colleague, by William W. Van Alstyne...

Don't let 'em open that can! from ADA World, by Stina Santiestevan..

Effects of S. 3 and S. 1710 on State procedures for the adoption of applica-

tions for a Constitutional Convention, by David A. Gillespie.

Excerpt, Proposed Amendments to the Constitution of the United States

1789-1889. Herman v. Ames. (1896) Reprinted: 1970-

Fitzgerald, Brian W., student at the Antioch School of Law, Washington,

D.C: Prepared statement.--

Government Unions Oppose Balanced Budget Convention, from the

Washington Star, March 1, 1979, by Joseph Young--

Goldwater v. Carter: Its implications for Justiciability Issues in the Con-

vention Method of Amending the Constitution, by Kenneth F. Ripple--

Is there a Constitutional Convention in Your Future?, by Tom Dybdahl,

from Liberty, July August, 1980-

Judicial Review of Congressional Determinations Pursuant to the Con-

vention Method of Amending the Constitution, by Kenneth F. Ripple.--

NAACP 70th annual convention resolutions, opposing Constitutional

Convention for Balanced Budget, June 25–29, 1979.-

National Federation of Business and Professional Women's Clubs, Resolu-

tion No. 5, adopted at the Boston Convention, July 24, 1979.-

New York County Lawyers' Association, Report on the Proposed Con-

stitutional Convention Procedures Act...

Political Implications of a National Constitutional Convention, by Kenneth

Kofmehl, Purdue University

Questions from Sen. Birch Bayh to Kenneth Kofmehl on Constitutional

Convention procedures.-

Proposed Convention of Balancing Budget, from the New York Times,

February 16, 1979, by Adam Clymer---

Resurrecting a Federal Constitutional Convention Procedures Act, by

Gordon Thomas, with covering letter----

Rewriting the Constitution: Life, Liberty, and a Balanced Budget, by Ben

Martin.

Should the Budget be Balanced by a Constitutional Convention?, from the

Christian Science Monitor May 9, 1979:

Yes, by James Dale Davidson

No, by John Culver..

Stasny, James N., private citizen: Prepared statement.-

The Federalist:

James Madison, to the People of the State of New York:

January 23, 1788-

January 25, 1788-

Alexander Hamilton, May 28, 1788.

Tribe, Laurence H., professor of law, Harvard University: Prepared state-

ment.--

University of Illinois, professor of law, Ronald D. Rotunda, letter to

Senator Birch Bayh, September 27, 1979.-

Why Risk a Constitutional Convention?, by C. Herman Pritchett -

PART 2-BAR ASSOCIATION AND LAW REVIEW ARTICLES

The Alabama Lawyer-A Study in the Invalidity of Memorialization

Rescission Resolutions, by Frank E. Packard'..

American Bar Association Journal:

Constitutional Law: The States and the Amending Process, by Frank

E. Packard...

Constitutional Law: The States and the Amending Process—A Reply,

by Bernard Fensterwald, Jr.----

Petitioning Congress for a Convention: Cannot a State Change Its

Mind?, by Frank W. Grinnell..-.

The Role of the States in Proposing Constitutional Amendments, by

Fred P. Graham, former chief counsel of the Senate Subcommittee

on Constitutional Amendments..

Chicago Bar Record, December 1968:

Con Con at the Crossroads; Convention of the Parties or of the People?,

by Peter A. Tomei..

Can Public Officials be Delegates to the Constitutional Convention?,

by Wilbur S. Legg--

Chicago-Kent Law Review—Notes and Comments, Rescinding Memoriali-

zation Resolutions.-

Emory University Law School, Journal of Public Law-Constitutional

Conventions and State Legislators, by Doyle W. Buckwalter--

Florida, University of, Law Review-A Limited Federal Constitutional

Convention, by Robert M. Rhodes.

Harvard Journal on Legislation 127 (1973)—Limited Federal Constitu-

tional Conventions: Implications of the State Experience..

Harvard Law Review:

Proposing Amendments to the United States Constitution, by Con-

vention, Vol. 70, 1957..-

Proposed Legislation on the Convention Method of Amending the

United States Constitution, vol. 85, 1972..

Michigan, University of, Journal of Law Reform, Fall 1973—— Article V:

Changing Dimensions in Constitutional Change, by Francis H. Heller----

Minnesota Law Review, May 1967—The Alternative Amending Clause in

Article V: Reflections and Suggestions, by Morris D. Forkosch..

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