Episode 018 Show Notes
In our eighteenth episode the guys chit-chat about Solar failures, how deep the Holder rabbit hole actually goes, and how lame the computer security of our government offices really is. The guys cover Article V of the US Constitution. The Prep School segment covers fire making. A well-rounded show, wouldn't you say?
The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight 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.
- Thirty–three proposed amendments to the Constitution have been submitted to the States pursuant to this Article
- Originally, some attendees of the Convention worried that 2/3 of the states could use this to subvert the power of the other states.
- NOTE: The President has NO authority in this matter
As of 2012 these remain technically pending before the state legislatures for ratification due to the lack of a deadline within which the Nation's state lawmakers must act upon them:
- Congressional Apportionment Amendment of 1789 (a/k/a Article the First) for proper determination of representatives per population.
- Titles of Nobility Amendment of 1810 title of nobility from another country would cause one to renounce their US citizenship.
- Corwin Amendment of 1861 would disallow the Congress ability to interfere or abolish States rules regarding slavery.
- Child Labor Amendment of 1924 .
Dillon v. Gloss, 256 U.S. 368 (1921) -- Congress may set a deadline for the ratification of new amendments to the U.S. Constitution, but it is not required.
Coleman v. Miller - 307 U.S. 433 (1939) -- All amendments to the Federal Constitution are considered pending before the states indefinitely unless Congress establishes a deadline within which the states must act. Further, Congress—not the courts—is responsible for deciding if an amendment has been validly ratified.