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  • Both WDW and SG are a little off in their information to add a Constitutional Amendment to the Constitution.

    The authority to amend the Constitution of the United States is derived from Article V of the Constitution. After Congress proposes an amendment, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is charged with responsibility for administering the ratification process under the provisions of 1 U.S.C. 106b. The Archivist has delegated many of the ministerial duties associated with this function to the Director of the Federal Register. Neither Article V of the Constitution nor section 106b describe the ratification process in detail.


    Step 1 Proposal - The Constitution provides that an amendment may be proposed either by the Congress with a two-thirds majority vote in both the House of Representatives and the Senate or by a constitutional convention called for by two-thirds of the State legislatures. None of the 27 amendments to the Constitution have been proposed by constitutional convention. The Congress proposes an amendment in the form of a joint resolution. Since the President does not have a constitutional role in the amendment process, the joint resolution does not go to the White House for signature or approval. The original document is forwarded directly to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes to the joint resolution and publishes it in slip law format. The OFR also assembles an information package for the States which includes formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and the statutory procedure for ratification under 1 U.S.C. 106b.

    Step 2 Ratification - A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 of 50 States). When the OFR verifies that it has received the required number of authenticated ratification documents, it drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution.
    Last edited by Shockm; June 23, 2022, 01:54 PM.

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    • Not to be a smartass, but where was my info "off"? I said there's no chance Congress would vote for it, so the other option is the states.

      Comment


      • Originally posted by WuDrWu View Post
        Not to be a smartass, but where was my info "off"? I said there's no chance Congress would vote for it, so the other option is the states.
        Well, you probably are “smarter” than me, and my point was a technical one. But I think you mentioned the Constitution Convention process of amending the Constitution, and it was pointed out that amendments are almost always passed by a joint resolution, and then sent to the states, thus my “little off” statement. If wrong, I’m ok with it. This amendment process is all pretty new info to most of us on here

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        • Originally posted by Shockm View Post

          Well, you probably are “smarter” than me, and my point was a technical one. But I think you mentioned the Constitution Convention process of amending the Constitution, and it was pointed out that amendments are almost always passed by a joint resolution, and then sent to the states, thus my “little off” statement. If wrong, I’m ok with it. This amendment process is all pretty new info to most of us on here
          That is how they've all been done, but Article V does state that a constitutional convention can be called by the states (34) and they can pass amendments and bypass Congress in doing so. It's never been done, but the avenue exists.
          Infinity Art Glass - Fantastic local artist and Shocker fan
          RIP Guy Always A Shocker
          Carpenter Place - A blessing to many young girls/women
          ICT S.O.S - Great local cause fighting against human trafficking
          Wartick Insurance Agency - Saved me money with more coverage.
          Save Shocker Sports - A rallying cry

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          • And to be clear, I was saying there's no way those lifetime leeches in Washington are about to vote themselves out of million dollar lottery tickets for them and their families, so this is the only option available.

            We should all think about that for a minute.

            This map contains the latest term limits polling by independent polling agencies commissioned U.S. Term Limits. Nationally, 2021 results show that voters overwhelmingly believe in implementing term limits on members of Congress. Support for term limits is universal among voters and breaches political, geographic and demographic divides. Eight-in-ten voters, 80%, approve of placing term limitsRead More


            According to this site (with a clear bias I admit) 8 in 10 voters support term limits.

            EIGHT IN FREAKING TEN.

            And you don't hear WORD ONE from either the Senate or House, leadership or otherwise, GOP or DEM....not word freaking one.


            Who in the absolute **** are they representing? They are looking out for themselves. Not you and not me.


            Why this simple point doesn't get traction proves the absolute stupidity of the average American voter and how much power government wields.

            Comment


            • Originally posted by SubGod22 View Post

              That is how they've all been done, but Article V does state that a constitutional convention can be called by the states (34) and they can pass amendments and bypass Congress in doing so. It's never been done, but the avenue exists.
              Agreed. But you didn’t state that the way you mentioned has never been done before. That was an important fact.

              Comment


              • Could each state not make this a rule if they desired?

                Kansas, for instance, could make it a law and not allow a candidate on the ballot after x number of terms in the US House or Senate.
                "When life hands you lemons, make lemonade." Better have some sugar and water too, or else your lemonade will suck!

                Comment


                • Originally posted by ShockerPrez View Post
                  Could each state not make this a rule if they desired?

                  Kansas, for instance, could make it a law and not allow a candidate on the ballot after x number of terms in the US House or Senate.
                  I don’t think that would work. Term limits was Doc’s push, so he probably remembers for sure. I could be wrong but I think states already tried your suggestion, and it was taken to court, where it was judged to be unconstitutional (thus Doc and SG suggesting a Constitutional Amendment).

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                  • So, I listened to Biden's speach and read the accompanied press release from the White House. I'm trying to figure out how he blames Russia for fuel prices, then points out that domestic production is sufficient. If so, prices aren't because of Russia. He then hitsxat the retailers to drop prices, yet fails to point out the rack price gasoline hasn't dropped. He touches on refineries, said he is working on a plan to get more refinery production. He doesn't say how.

                    This is an overly brief take, but the guy doesn't understand economics, he talks out of both sides of his mouth and he lies more than Amber Heard. My guess is he did a very good job learning how to fleece the system for his own gain, but couldn't run a small business. I really don't hate the guy, but I do feel sorry for him. I honestly see him and find the whole situation he is in sad and pathetic.
                    There are three rules that I live by: never get less than twelve hours sleep; never play cards with a guy who has the same first name as a city; and never get involved with a woman with a tattoo of a dagger on her body. Now you stick to that, and everything else is cream cheese.

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                    • Biden is a worthless, corrupt, garbage human being who is a leech of America, and probably a pedophile. The sad thing is, that any more, the best we can do is hope to just have the grifting politicians that don't do anything. Now we have grifting politicians being steered by true believers intent on punushing its citizens.

                      Say what you want about Trump, but he wanted everyone to prosper. The left does not. Biden's admin and congress have not done 1 thing to help Americans. Not 1 thing. Doing nothing would have been a million times better than what they are doing.
                      "When life hands you lemons, make lemonade." Better have some sugar and water too, or else your lemonade will suck!

                      Comment


                      • Originally posted by Shockm View Post

                        I don’t think that would work. Term limits was Doc’s push, so he probably remembers for sure. I could be wrong but I think states already tried your suggestion, and it was taken to court, where it was judged to be unconstitutional (thus Doc and SG suggesting a Constitutional Amendment).
                        I believe the terms in office are outlined in the constitution which is why an amendment was passed after FDR died in his fourth term.
                        Livin the dream

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                        • Originally posted by wufan View Post

                          I believe the terms in office are outlined in the constitution which is why an amendment was passed after FDR died in his fourth term.
                          The 22nd Amendment that you are referring to, was ratified in 1951 to limit President Term Limits, and it was because of the concern of President Roosevelt being re-elected 4 times, and possibly, had he not died, being elected again. The power of the Presidency increased immensely during his Presidency (of course it included WW 2-often Wars have the unintended consequence of increased Presidential powers).

                          https://constitutioncenter.org/inter...amendment-xxii


                          I believe that the above discussion was pertaining to Federal Congressional Term Limits.

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                          • I'm not sure those consequences are really unintended.
                            Infinity Art Glass - Fantastic local artist and Shocker fan
                            RIP Guy Always A Shocker
                            Carpenter Place - A blessing to many young girls/women
                            ICT S.O.S - Great local cause fighting against human trafficking
                            Wartick Insurance Agency - Saved me money with more coverage.
                            Save Shocker Sports - A rallying cry

                            Comment


                            • There were term limits passed by states, but it was declared unconstitutional by the SCOTUS. It would require an amendment to the Constitution for ALL STATES to enforce term limits on Congressional members. I believe that Doc stated above that the Congress isn't going to begin the Constitutional Amendment process of passing term limits, it would limit their own power and their own institution. I agree with him that while possible to pass, not probable.

                              This was a close 5-4 decision, so it is possible that if the SCOTUS was faced again with this law from many states, they would rule differently. The obvious reason that the SCOTUS didn't pass it was because it only pertained to elected officials (Senate and House) of 23 of our 50 states.

                              Senators and Representatives from 23 states faced term limits from 1990 to 1995, when the U.S. Supreme Court declared the practice unconstitutional with its decision in the case of U.S. Term Limits, Inc. v. Thornton.

                              In a 5-4 majority opinion written by Justice John Paul Stevens, the Supreme Court ruled that the states could not impose congressional term limits because the Constitution simply did not grant them the power to do so.

                              In his majority opinion, Justice Stevens noted that allowing the states to impose term limits would result in "a patchwork of state qualifications" for members of the U.S. Congress, a situation he suggested would be inconsistent with "the uniformity and national character that the framers sought to ensure." In a concurring opinion, Justice Anthony Kennedy wrote that state-specific term limits would jeopardize the "relationship between the people of the Nation and their National Government."

                              Comment


                              • Originally posted by ShockerPrez View Post
                                Biden is a worthless, corrupt, garbage human being who is a leech of America, and probably a pedophile. The sad thing is, that any more, the best we can do is hope to just have the grifting politicians that don't do anything. Now we have grifting politicians being steered by true believers intent on punushing its citizens.

                                Say what you want about Trump, but he wanted everyone to prosper. The left does not. Biden's admin and congress have not done 1 thing to help Americans. Not 1 thing. Doing nothing would have been a million times better than what they are doing.
                                This is extremely harsh..............but extremely accurate

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