Can We Stop The Shakespeare In The Swamp And Do Some Schoolhouse Rock?


I got up this morning, and all the trends on twitter were about bills put in by Democrats and a couple by Republicans. Lets start with the Democrats, they put in a bill to end the electoral college. Such a bill would require a lot of heavy lifting, along with an agreement by a lot more then 241 Democrats in the House Constitutional Amendments

The Amendment Process

There are essentially two ways spelled out in the Constitution for how to propose an amendment. One has never been used.

The first method is for a bill to pass both houses of the legislature, by a two-thirds majority in each. Once the bill has passed both houses, it goes on to the states. This is the route taken by all current amendments. Because of some long outstanding amendments, such as the 27th, Congress will normally put a time limit (typically seven years) for the bill to be approved as an amendment (for example, see the 21st and 22nd).

The second method prescribed is for a Constitutional Convention to be called by two-thirds of the legislatures of the States, and for that Convention to propose one or more amendments. These amendments are then sent to the states to be approved by three-fourths of the legislatures or conventions. This route has never been taken, and there is discussion in political science circles about just how such a convention would be convened, and what kind of changes it would bring about.

Regardless of which of the two proposal routes is taken, the amendment must be ratified, or approved, by three-fourths of states. There are two ways to do this, too. The text of the amendment may specify whether the bill must be passed by the state legislatures or by a state convention. See the Ratification Convention Page for a discussion of the make up of a convention. Amendments are sent to the legislatures of the states by default. Only one amendment, the 21st, specified a convention. In any case, passage by the legislature or convention is by simple majority.

The Constitution, then, spells out four paths for an amendment:

Proposal by convention of states, ratification by state conventions (never used)
Proposal by convention of states, ratification by state legislatures (never used)
Proposal by Congress, ratification by state conventions (used once)
Proposal by Congress, ratification by state legislatures (used all other times)

It is interesting to note that at no point does the President have a role in the formal amendment process (though he would be free to make his opinion known). He cannot veto an amendment proposal, nor a ratification. This point is clear in Article 5, and was reaffirmed by the Supreme Court in Hollingsworth v Virginia (3 US 378 [1798]):

The negative of the President applies only to the ordinary cases of legislation: He has nothing to do with the proposition, or adoption, of amendments to the Constitution.

So, while their voters are experiencing something akin to the high of an acid trip over them doing it, it isn’t going to happen.

It’s a well-known fact most Democrats are poorly informed, or believe their knowledge is gospel simply because someone told them to think this way – for 40+ years, but I certainly expect more from the Republican side of the aisle. There I was on doing my morning views of sites, and there is Republican Lawmaker Reintroduces “Buy a Brick, Build a Wall Act” to Allow Private Contributions to Fund Border Wall

Congressman Warren Davidson (R-OH) reintroduced legislation on Thursday that will direct the Treasury Department to establish a fund allowing private contributions to fund and maintain border walls.

“Buy a Brick, Build a Wall Act” is newly introduced as HR32. “Millions of Americans agree and want to chip in to help secure our borders,” Congressman Davidson said, referring to triple-amputee Brian Kolfage’s fundraising campaign which has raised nearly $19 million with approximately 300,000 donors in under three weeks.

Even worse then wasting his time, and ours, was Jim Jordan, (who I have much respect for) tweeting about it as if it was magically going to happen. I thought these people are playing us still, even in the minority. I’ve called out many a hack in the GOP for what I’ve called Shakespearean theater: Trey Gowdy should have received an acting award upon leaving the House considering what a great job he did as an actor for the GOP. Perusing further, a few minutes later, a person who is constitutionally astute Sen. Cruz, Rep. Rooney Introduce Constitutional Amendment Imposing Term Limits on Members of Congress

WASHINGTON, D.C. – U.S. Sen. Ted Cruz (R-Texas) and Rep. Francis Rooney (R-Fla.) today introduced an amendment to the U.S. Constitution to impose term limits on members of Congress. The amendment would limit U.S. senators to two six-year terms and members of the U.S. House of Representatives to three two-year terms.

“For too long, members of Congress have abused their power and ignored the will of the American people,” Sen. Cruz said. “Term limits on members of Congress offer a solution to the brokenness we see in Washington, D.C. It is long past time for Congress to hold itself accountable. I urge my colleagues to submit this constitutional amendment to the states for speedy ratification.”

Francis Rooney stated, “The American people support term limits by an overwhelming margin. I believe that as lawmakers, we should follow the example of our founding fathers, Presidents George Washington and Thomas Jefferson, who refused to consider public service as a career. Our history is replete with examples of leaders who served their country for a time and returned to private life, or who went on to serve in a different way.”

The amendment was cosponsored by Sens. Marco Rubio (R-Fla.), Mike Lee (R-Utah), and David Perdue (R-Ga.).

Let me remind you to go read the above linked information on how a constitutional amendment is done. Cruz and his co-signers are well aware the grifters in DC aren’t going to vote themselves out, he has introduced this before. What they are doing, both Democrats and Republicans, would be treating their voters like stupid people. It is sad to see so many get upset by these machinations of the Shakespearean Theater Group of the Swamp

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vassar bushmills
January 5, 2019 8:34 am

You’re right, Jaded. It’s all styling. None of these things will ever happen. And neither will any new bloc of voters be created in trying. The sides are pretty much set. And the X-factor is now and will be for many more years, the people. 80% of the politicians and 90% of the media and pundit class act like that’s not the case.