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 57
... decide ? If we need a broad national consensus and the Congress is setting up guidelines , why should not the ... deciding that type of issue for themselves . I don't know that a simple majority does violence to the consensus requirement ...
... decide ? If we need a broad national consensus and the Congress is setting up guidelines , why should not the ... deciding that type of issue for themselves . I don't know that a simple majority does violence to the consensus requirement ...
Página 81
... 9 ) Who is to decide questions of ratification ? Since there has never been a national constitutional convention subsequent to the adoption of the Constitution , there is no direct precedent to look to 81 Issues presented.
... 9 ) Who is to decide questions of ratification ? Since there has never been a national constitutional convention subsequent to the adoption of the Constitution , there is no direct precedent to look to 81 Issues presented.
Página 89
... decide ? what the force of its acts ? " As a result of the debate , the clause adopted on August 30 was dropped in favor of the following provision proposed by Madison : " The Legislature of the U - S- whenever two thirds of both Houses ...
... decide ? what the force of its acts ? " As a result of the debate , the clause adopted on August 30 was dropped in favor of the following provision proposed by Madison : " The Legislature of the U - S- whenever two thirds of both Houses ...
Página 99
... decide . It stressed the interest of voters in having the person they elect take a seat in Congress . Thus , it looked into the clause on qualifications and found in the text and history that Congress was the judge of qualifications ...
... decide . It stressed the interest of voters in having the person they elect take a seat in Congress . Thus , it looked into the clause on qualifications and found in the text and history that Congress was the judge of qualifications ...
Página 106
... decide on the terms of the specific * In commenting on the ratification process , the Supreme Court stated in Hawke v . Smith ( No. 1 ) . " Both methods of ratification , by legislatures or conventions , call for action by deliberative ...
... decide on the terms of the specific * In commenting on the ratification process , the Supreme Court stated in Hawke v . Smith ( No. 1 ) . " Both methods of ratification , by legislatures or conventions , call for action by deliberative ...
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Términos y frases comunes
17th Amendment 96th Congress adopted agenda amending the Constitution amendment process American Bar Association argument Article V convention Articles of Confederation authority balanced budget balanced budget amendment Bar Report believe bill Buckwalter call a convention cited committee concurrent resolution Cong Congress to call congressional consider constitutional amendment convention called Convention for proposing convention method Convention of 1787 convention's debate Dellinger effect election Ervin Farrand Federal Constitution FEERICK framers Governor gress House of Representatives issue judicial review Judiciary legislation Library of Congress limited convention Madison majority means ment method of amendment national constitutional convention petitions Philadelphia Convention political President problem procedures Professor propose an amendment proposed amendment purpose questions ratification reapportionment reason rescind role Section Senator BAYH specific stitution subject matter submitted supra note Supreme Court three-fourths tion U.S. CONST United United States Constitution valid applications vention veto vote
Pasajes populares
Página 637 - 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 98 - 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 398 - ... While I make no recommendation of amendments, I fully recognize the rightful authority of the people over the whole subject to be exercised in either of the modes prescribed in the instrument itself; and I should under existing circumstances favor rather than oppose a fair opportunity being afforded the people to act upon it. I will venture to add that to...
Página 870 - ... 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 to...
Página 88 - 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 147 - 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 499 - 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 483 - It may possibly be asked, what need there could be of such a precaution, and whether it may not become a pretext for alterations in the State governments, without the concurrence of the States themselves? These questions admit of ready answers. If the interposition of the general government should not be needed, the provision for such an event will be a harmless superfluity only in the Constitution. But who can say what experiments may be produced by the caprice of particular States, by the ambition...
Página 573 - Each House shall determine the rules of its proceedings, and be the judge of the election, returns and qualifications of its members...
Página 249 - ... found necessary — the General Court, which shall be in the year of our Lord one thousand seven hundred and ninety-five, shall issue precepts to the Selectmen of the several towns, and to the Assessors of the unincorporated plantations, directing them to convene the qualified voters of their respective towns and plantations for the purpose of collecting their sentiments on the necessity or expediency of revising the Constitution, in order to amendments.