constitutional convention pros and cons
(Note) In Your 3rd and 4th paragraphs you seem to confuse the Congress with the Texas Legislature. This is apparent as they were not recalled. So, what could go wrong? Constitutional conventions can be seen as a means of bringing about change without formal change to legislation thus giving the constitution flexibility which is crucial in a changing society. The delegates were strictly under the control of their respective State Legislatures and could be recalled as needed. . There’s nothing that says how the voting within a convened CON-CON will be done, whether decisions will be made by simple majority or by some kind of super-majority. 7) I have no particular angst with your closing except I would go even farther with it. My nightmare would be to see an amendment proposed that would repeal the 22nd Amendment. I much more fear the current uncontrollable Congressional Runaway. It would have to pass by a two thirds vote of the Convention and then face a three fourths vote of the State Legislatures. That sounds good, except for one thing - there's no time limit attached to these things.
1. In such a case, there might be no time limits, which means we could see a truly bad amendment created that might take many years to pass. The Pros And Cons Of The United States Constitution 1093 Words | 5 Pages. If men were angels, no government would be necessary. Upon petition of 34 states, according to Article V, the Congress “shall” call a CON-CON, but there’s nothing that prevents Congress from imposing rules. There’s nothing that says Congress can’t mandate that THEY would comprise the delegates to the CON-CON. It impacts the influence of minority voters on the ability to change the governing documents. Well, maybe not. Call me cynical, if you must, but my trust factor for politicians is exceedingly low.
The Crown cannot ignore the advice they are given unless they are to exercise reserve powers.
The Constitutional Convention met between May and September of 1787.
Dangerous Dogs Act [1991]. It regulates the relationship between the state and its citizens. Most of us were taught that the delegates suddenly decided to throw out the Articles and write a new Government after they got to Philadelphia but the truth is that every one of them knew exactly what was going to happen.
But formal rules are only part of the story about how a system of Government operates.
The Constitution sets no timelines for either the calling of a convention, nor the adoption of any results. It is argued that this convention should be strictly codified, as the issue of legitimacy undermines the whole democratic process. The Legislatures of the states through delegates they select.
My thought is that Congress will have its say, which could make the whole thing an exercise in futility. Another wrinkle in this is the potential that Congress can preempt the process. After all, we just need to get 34 state legislatures to petition Congress, have our convention, get our amendment proposals out to every state, then push until we get 38 states to sign on. PUBLISHED 6:53 PM ET Nov. 06, 2017 PUBLISHED November 6, 2017 @6:53 PM.
The fact that the UK’s constitution is unwritten, allows it to be flexible/ amendable.
No convention is absolute; all but one (the third) of the above conventions were disregarded in the lead up to or during the constitutional crisis of 1975.
In other words, there are two ways to make changes to the Constitution (Amendments): (1) by two-thirds vote by both Houses of Congress; or (2) on Application by the legislatures of two-thirds of the States calling for a convention for proposed Amendments, known as a Constitutional Convention or Con-Con. A constitution is a body of rules which regulates the system of Government within a state. 4) Will the delegates faithfully execute their charter? The charter Congress would impose on any CON-CON will dictate all. 23rd Jul 2019 Difficulty in passing new amendments: It is not easy to pass new amendments.
The first, however, and most important question (and the one for which the opponents never have an answer) is; What else is left other than a complete abandonment of the Constitution or open armed rebellion? You have some catching up to do. Free resources to assist you with your legal studies! It was so bad that their was a real possibility of some of the States being taken in payment of debts.
They are a set of rules of behaviour that must be followed in order for the constitution to work.
It seems most likely that the Convention itself has the power to limit the topics but as to a "runaway", that is most unlikely. In other words, there are two ways to make changes to the Constitution (Amendments): (1) by two-thirds vote by both Houses of Congress; or (2) on Application by the legislatures of two-thirds of the States calling for a convention for proposed Amendments, known as a Constitutional Convention or Con-Con. In areas about which the constitution is silent, political behaviour is guided by ‘well established practice, methods, habits, maxims and usages’ many of them long-standing which were inherited from colonial parliaments, which in turn inherited them from Westminster. Copyright © 2003 - 2020 - LawTeacher is a trading name of All Answers Ltd, a company registered in England and Wales. Originally it was called to consider amendments to the Articles of Confederation, which was the original document that our government worked under. Australia’s political system is founded on the principle of ‘responsible Government’. They worried that such a Congress would not reform itself or allow any amendment that would restrict its power.
By Katie Gibas.
All amendments proposed by such a Constitutional Convention would then have to be ratified by the legislatures or state-level Constitutional Conventions. As some legally binding rules are not codified, if you were to codify these conventions and give them legitimacy they could override existing law as they would be given a special status above uncodified legally binding rules.
After that Congress can only sit on the sidelines and await the results. While the proceedings were confidential to the public, the delegates were in constant communication with their legislative masters and in constant mind that their work had to be approved by the States to go into effect. The Articles of Confederation had proven to be a totally unworkable form of government. This historical event took place at the Annapolis Convention in Philadelphia. James Madison
If a convention was used unconstitutionally, it would face political sanctions, either by deeming the convention inconvenient or replacing it with statute .
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