From: Todd Larason <jtl@molehill.org>
Date: Thu, 26 Nov 1998 07:23:25 +0800
To: Jim Choate <cypherpunks@EINSTEIN.ssz.com>
Subject: Re: Article V - an analysis
In-Reply-To: <199811252258.QAA31290@einstein.ssz.com>
Message-ID: <19981125145946.A9497@molehill.org>
MIME-Version: 1.0
Content-Type: text/plain



On 981125, Jim Choate wrote:
> Or when Congress is directed by 2/3 of the state legislatures a convention
> can be called for *proposing* amendments

Note that although it's clear that this is only for proposing amendments, our
history leaves some doubt that's what would actually happen.  The current
constitution came ouf of a constitutional convention called under the Articles 
of Confederation to discuss amendments, but was finally enacted under
procedures *it* specified, not the procedures specified in the Articles.

> The only sticky wicket I see is the ...proposed by Congress. Does this mean
> that Congress can decide which of the two it will recognize? 

Historically, Congress has always specified, at the time it proposes the
amendments.  I believe all but the repeal of prohibition were handled using
the legislature method.
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