Scalia said that there was “a widespread and deep feeling of powerlessness in the country is apparent with respect to many issues, not just the budget issue. The people do not feel that their wishes are observed. They are heard but they are not heeded, particularly at the federal level.
“The basic problem is simply that the Congress has become professionalized,” he said. “Its members have a greater interest than ever before in remaining in office; and it is served by a bureaucracy and is much more subject to the power of individualized pressure groups than to the unorganized feelings of the majority of the citizens.
And, he said, the states’ mere utilization of the Article V power would be enough to spur changes.
“One remedy for that, the one specifically provided for in the Constitution, is this amendment process which bypasses the Congress. I would like to see that amendment process used — just having it used once will exert an enormous influence on both the Congress and the Supreme Court.”
I emphasized his words about Congress. This comes from his comments in 1979 and should amaze one at how farsighted he was.
A lot of people are now making noises about an Article V convention so it makes sense to discover exactly what it is. Here goes:
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; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.
Kinda scary when one thinks about it. I can’t find out how such a convention would work. Where would it be held? Who would take part? Who would lead/moderate it? Would there be 50 different state conventions or one?
Anyone have answers?
More about Scalia @ Decades-Old Footage Shows Scalia Warning About Exactly What's Happening in America Today
“The basic problem is simply that the Congress has become professionalized,” he said. “Its members have a greater interest than ever before in remaining in office; and it is served by a bureaucracy and is much more subject to the power of individualized pressure groups than to the unorganized feelings of the majority of the citizens.
And, he said, the states’ mere utilization of the Article V power would be enough to spur changes.
“One remedy for that, the one specifically provided for in the Constitution, is this amendment process which bypasses the Congress. I would like to see that amendment process used — just having it used once will exert an enormous influence on both the Congress and the Supreme Court.”
I emphasized his words about Congress. This comes from his comments in 1979 and should amaze one at how farsighted he was.
A lot of people are now making noises about an Article V convention so it makes sense to discover exactly what it is. Here goes:
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; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.
Kinda scary when one thinks about it. I can’t find out how such a convention would work. Where would it be held? Who would take part? Who would lead/moderate it? Would there be 50 different state conventions or one?
Anyone have answers?
More about Scalia @ Decades-Old Footage Shows Scalia Warning About Exactly What's Happening in America Today
