Constitutional Convention Procedures: Hearing Before the Subcommittee on the Constitution of the Committee on the Judiciary, United States Senate, Ninety-sixth Congress, First Session, on S. 3, S. 520 and S. 1710 ... November 29, 1979U.S. Government Printing Office, 1980 - 1372 páginas |
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Página 65
... authority by calling for a conven- tion limited to a specific subject . In this regard , the committee noted that at the state level , at which there have been more than 200 constitutional conventions , it seemed settled that the ...
... authority by calling for a conven- tion limited to a specific subject . In this regard , the committee noted that at the state level , at which there have been more than 200 constitutional conventions , it seemed settled that the ...
Página 66
... authority to act with respect to other sub- jects . Were it to deviate from the subject that brought it into being and propose amendments on other subjects , the committee suggested that Congress could deal with the deviation by ...
... authority to act with respect to other sub- jects . Were it to deviate from the subject that brought it into being and propose amendments on other subjects , the committee suggested that Congress could deal with the deviation by ...
Página 87
... Authority of an Article V Convention Central to any discussion of the convention meth- od of initiating amendments is whether a conven- tion convened under Article V can be limited in its authority . There is the view , with which we ...
... Authority of an Article V Convention Central to any discussion of the convention meth- od of initiating amendments is whether a conven- tion convened under Article V can be limited in its authority . There is the view , with which we ...
Página 90
... authority . In the first place , the Convention of 1787 took place during an extraordinary period and at a time when the states were independent and there was no effective national government . Thomas Cooley described it as " a ...
... authority . In the first place , the Convention of 1787 took place during an extraordinary period and at a time when the states were independent and there was no effective national government . Thomas Cooley described it as " a ...
Página 92
... authority to apply for a convention , we can perceive no sound reason as to why they cannot invoke limitations in exercising that authority . At the state level , for example , it seems settled that the electorate may choose to delegate ...
... authority to apply for a convention , we can perceive no sound reason as to why they cannot invoke limitations in exercising that authority . At the state level , for example , it seems settled that the electorate may choose to delegate ...
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Términos y frases comunes
1st Sess 96th Congress action adopted amending the Constitution amendment process American Bar Association approval Article V convention Articles of Confederation authority balanced budget balanced budget amendment Bar Report believe Birch Bayh call a convention Committee concurrent resolution Cong Congress to call consider consti constitutional amendment convention called convention delegates Convention for proposing convention method Convention of 1787 convention's debate decisions DELLINGER effect electorate Ervin Bill framers governor gress House of Representatives initiating issue judicial review Judiciary latures legislation limited convention Madison majority means ment method of amendment mode of ratification national constitutional convention petitions Philadelphia Convention political President problem Professor propose an amendment proposed amendment purpose question ratification reapportionment reason rescind revision Section Senator BAYH specific stitution submitted supra note Supreme Court three-fourths tion tional U.S. CONST United United States Constitution valid applications vention veto vote
Pasajes populares
Página 96 - Prominent on the surface of any case held to involve a political question is found a textually demonstrable constitutional commitment of the issue to a coordinate political department; or a lack of judicially discoverable and manageable standards for resolving it; or the impossibility of deciding without an initial policy determination of a kind clearly for nonjudicial discretion...
Página 192 - Provided, that no amendment which may be made prior to the year 1808, 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.
Página 666 - ... a textually demonstrable constitutional commitment of the issue to a coordinate political department; or a lack of judicially discoverable and manageable standards for resolving it; or the impossibility of deciding without an initial policy determination of a kind clearly for nonjudicial discretion ; or the impossibility of a court's undertaking independent resolution without expressing lack of the respect due coordinate branches of government ; or an unusual need for unquestioning adherence...
Página 394 - I will venture to add that to me the Convention mode seems preferable, in that it allows amendments to originate with the people themselves, instead of only permitting them to take or reject propositions, originated by others, not especially chosen for the purpose, and which might not be precisely such as they would wish to either accept or refuse.
Página 613 - It is one of the happy incidents of the federal system that a single courageous state may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country.
Página 245 - But the articles to be amended, and the amendments proposed, and such articles as are proposed to be added or abolished, shall be promulgated at least six months before the day appointed for the election of such convention, for the previous consideration of the people, that they may have an opportunity of instructing their delegates on the subject.
Página 493 - States (which at present amount to nine), to call a convention for proposing amendments, which shall be valid, to all intents and purposes, as part of the Constitution, when ratified by the legislatures of three-fourths of the States, or by conventions in three-fourths thereof." The words of this article are peremptory. The Congress "shall call a convention.
Página 563 - Each House shall determine the rules of its proceedings, and be the judge of the election, returns and qualifications of its members...
Página 344 - Resolved that provision ought to be made for the amendment of the Articles of Union whensoever it shall seem necessary, and that the assent of the National Legislature ought not to be required thereto.
Página 129 - Congress sine die ; but (2) in the computation of the sixty-day period there shall be excluded the days on which either House is not in session because of an adjournment of more than three days to a day certain.