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Article 5 simply specifies the methods allowed for amending the Constitution.
It specifies two possible methods:
1.) Congress can propose one or more amendments by passing them with a 2/3 vote of the House and Senate.
-or-
2.) The states can propose an amendment by 2/3 of state legislatures petitioning Congress, in which case Congress must call a Constitutional Convention (ConCon) which will propose amendment(s).
Once one of these methods is used to propose amendment(s), it still has no effect, until it is ratified by 3/4 of the states' legislatures (or by 3/4 of statewide ConCons in each state). A 3/4 ratification of states' legislatures (or ConCons), enacts the amendment(s) to be part of the Constitution. If they can't get 3/4 of the states to ratify it, it goes in the trash can.
There are always amendments being brought up to Congress. Most of them never get passed by 2/3 of both houses (or 2/3 of states petitioning for a ConCon). The few that do, mostly don't get ratified by 3/4 of the states (or 3/4 of state ConCons).
Some people (who haven't read the Constitution) believe that, if the govt calls a Constitutional Convention, that ConCon can then change the Constitution any way it wants, or can even toss out the entire document. That's malarkey, of course, a ConCon can only propose changes (amendments). If 3/4 of the states don't ratify what the ConCon proposes, then whatever the ConCon did, goes in the trash can.
What's the big deal with whatever amendments they are trying to get passed now? An amendment to do what?
34 states agree by simple majority of their legislatures to amend the Constitution, and if 38 states ratify the amendment, then that becomes part of the US Constitution without fed.gov having the least little bit of control over.
The US House and Senate are not required one bit in order to amend the US Constitution. Not even a smidgen. The states are still granted that bit of sovereignty.
Basically true.
A few small questions: If 34 state legislatures petition Congress for a Constitutional Convention (ConCon), then the Congress MUST call a ConCon, they don't have a choice.
But...
Who then attends the ConCon? Officials from each state that petitioned? Or can the attendees be anyone Congress picks? Article 5 doesn't say.
And...
Do the states that petition for the ConCon, have to have a certain amendment(s) in mind before the ConCon meets? And if they do, are they allowed to discuss any other amendments that might come up? Can a ConCon basically propose ANYTHING IT WANTS, even things that were never talked about while the 34 states were petitioning? Of course, no matter what a ConCon proposes, it must be ratified by 38 states, or it doesn't become part of the Constitution.
And...
Does the ConCon have to reach unanimity to propose an amendment? Or a simple majority? Or....?? Again, Article 5 doesn't say.
If not having a punitive "achievement tax" was good enough for the founders, it's good enough for us. There are other ways to finance a federal government, assuming the government could be restricted to what it is SUPPOSED to be doing; other ways that do not involve punishing the achievers within the citizenry. A revenge tax has no place in a just society. The fruits of my labors should not be in your pocket, and the fruits of your labors should not be in my pocket. That applies to the government's pocket as well.
FWIW, I'm certainly not rich. Not even close. But I hold no ill will toward those who are. And I don't believe that I have any innate right be a vampire biting into their neck. They did nothing to slight me and I have no cause to punish them. Ultimately, envy and covet are amongst the most evil traits of humanity.
You're entitled to your opinion about the income tax, but the truth is it is never going to be repealed, either by amendment originating in Congress or through a constitutional convention.
Common Cause started the petition and it talks about "Many constitutional experts believe that this is the least known but greatest present threat to our democracy – and it’s being organized right now, behind closed doors and out of the public eye.
LOL what a bunch of liars. I love how every implementation of the democratic process is now a "threat to democracy" if it doesn't go the left's way. And "behind closed doors" my ass. Mark Levin in particular has been shouting it from the mountaintops for years to anyone who would listen, and here's the main Art. V convention advocacy group's web page right out in the open with their agenda written in plain English for all to see.
Ratification is the big hang-up. Getting 3/4 of the states to agree on anything is next to impossible.
There's also another complication: While Article V requires voters to ratify a proposal, it's up to the states to decide when and how that vote is to be taken.
It took women's suffrage 50 years to finally reach ratification, and it was one of the most powerful proposals ever. There is one proposal that has languished unsettled for over 90 years now, waiting for a ratification vote.
The bigger the change a proposal makes, the longer it will take to be ratified. Most of the time, the people who created the proposal are dead and long gone before the Constitution is changed.
In the 50 years it took for women's suffrage, both parties changed their positions pro and con back and forth several times before final ratification. Some states never voted at all, as the suffrage issue was written into the state's constitution when the territory applied to become a state. Wyoming, an example, allowed women the right to vote when it was still a territory.
A far better approach to rein in a federal government which has become oppressive would be term limits, but then no one in either party is going to vote to eliminate their own cushy job, so that's not likely to happen either.
Term limits are a great idea as long as it's someone else's rep you want to replace. When you're arbitrarily prevented from voting for the person you want to represent you in government, it's suddenly not such a great idea.
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