The amendment procedure is not a partisan device. It is a valuable constitutional right available to all Americans who want to improve their federal government.
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This article first appeared in Townhall.com. When Senator Susan Collins made her now-famous speech stating she would vote to approve
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“The preambles of seven of the nine rescissions show they were based on material mistakes of law and fact.
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“The courts have a long record of applying constitutional amendment law accurately and fairly.”
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The Constitution says that “on the Application of the Legislatures of two thirds of the several States, [Congress] shall call
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An extra-constitutional action may be legal or illegal.
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Opponents then — like their successors today — claimed they were protecting the Constitution. But what they actually were (and are) doing is protecting judges and politicians who abuse their positions by changing constitutional rules without following the normal democratic process.
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Of course, the political establishment doesn’t want you to exercise this constitutional right. So they use the same tactics vote-suppressors use: disinformation and fear.
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None of the amendment campaigns . . . favors the open-ended convention needed for radical change. All of their model legislative applications severely limit the convention’s scope.
Fortunately, by the time the Constitution was written, this verbal confusion had been pretty much been sorted out.
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[I]t became clear the ERA was a poorly-drafted measure that would do little for women’s rights. It would have transferred massive amounts of power away from local governments and elected representatives, handing it instead to lawyers, judges, and bureaucrats.
Of course, it is one thing to criticize, but another to try to craft something better.
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