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User Info CHRISTmas Musings.....; entered at 2010-12-26 17:46:09
Posts: 2316
Registered: 2007-07-27
The 17th Amendment got rid of one of the two key checks on Federal power at the disposal of state governments as Karl D. has eloquently described. IMO the other key check is pretty dangerous - i.e. the con-con. That's because our system works on the tradition of historical precedent and the best one we have is the Philly 1787 convention to propose amendments to the Articles of Confederation. This time (just as happened then) we could see a complete redo of our Constitution behind closed doors and who knows what they'd come up with.

"[Congress] on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which .... 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"

2010-12-26 17:46:09