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Re: 10th Amendment debate
In Response To: Re: 10th Amendment debate ()

Another point on power...

Article 5

"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..."

The Constitution can be changed by two ways...

By 2/3's vote in both houses of Congress

or

By 2/3's vote by the State Legislatures and Convention.*

But the final word is in the power of 3/4's of the State Legislatures OR by Conventions to ratify.**

The President has NO say in the process.

*Here is were the States could override the Congress and the President and make changes to law to protect the people from the Federal Government.
**One mode or the other of Ratification MAY BE proposed by the Congress, (this is can only be a suggestion since the wording does not say SHALL BE proposed)

____________________
David Upton

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