Knowledge can be power, if we know how to use it. Over the last few years, I have been researching as much as possible about amendments and how they are used. In some state Constitutions, there is a power to alter or amend that constitution. Two distinct powers is assumed following the rules of construction. After reading Jefferson’s rules of parliamentary procedures for senate & house. In order for a committee to begin on drafting a Bill, they need to have a Question before them. As an example, “The Conventions of a number of the States having, at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: Once this has been established, and approved, it goes into committee to provide amendments that are valid to all intents and purposes.
There can be no “And for other purposes” because it doesn’t follow anything to be added to the bill unless it specifically answering the question. The last thing to be written, is the Preamble, which should specify the intents and purposes, which ultimately gives the Judiciary a reference to determine the intents and purposes when it was written. Once it has passed the house, it is sent over to the senate, and they may offer amendments. If they don’t, it passes, if they do, they send it back over to the house. When being reviewed by the House, amendments are limited to the senate amendments. The parts already having been passed, are off limits, until after it should become law, in which case, for regular legislation, the power to repeal exists. as one of the many legislative powers vested and limited under Article I.
As far as the Amendment process provided under Article V., It too is limited, just as all the powers delegated. The intent of the amendment must be valid according to the Preamble. If the intent is anything else, then it’s not Constitutional, all that is contained in the Constitution complies, and accordingly so do all Constitutional amendments, which may be determined by the Preamble of the amendment if done properly. The goal is to make the Constitution as secure as we thought it was when first ratified. No new powers may be granted, nor can restrictions be removed. Even Washington was clear when he gave his Farewell speech. Only the people have the sole authority to alter or abolish the Constitution. So wouldn’t the same be true about repealing any part of it?
An example of how an amendment would be offered to the Constitution is found in the Bill of Rights. It starts of as follows:
THE conventions of a number of states having, at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence to the Government, will best insure the beneficent ends of its institution:
RESOLVED, by the Senate and House of Representatives of the United States of America in Congress assembled, two thirds of both houses concurring. That the following Articles be proposed to the Legislatures of the several States, as Amendments to the Constitution of the United States; all, or any of which articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution, viz.
ARTICLES in addition to, and amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the legislatures of the several States, pursuant to the fifth Article of the Original Constitution.
Not only should all properly drafted amendments contain a similar declaration when being offered, but any laws passed by Congress should also contain a Preamble stating the intent and purpose of the bill, making clear by what authority granted under the Constitution authorizes congress to legislate on that subject. If such legislative declaration be absent from a bill, then it should be declared by any supreme court as Null and Void. I believe it’s the absence of such a declaration that congress derives and maintains it’s unconstitutional powers.
I Thought it would be important to share with anyone interested in the subject, even the MSN Encarta entry on Amendment seems to agree with my concept of what an amendment it. So I leave it for you to determine on your own.
Amendment
Encyclopedia Article
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In the law of pleading and practice, an amendment corrects an error or defect in a pleading or judicial proceeding in the progress of an action or other proceeding.
Amendment, in legislation, the alteration of an existing statute. Although the U.S. Congress has no power to alter the Constitution, it does have the power to repeal and alter laws. The method of amending the Constitution is provided by Article V. According to this article, an amendment passes after a two-thirds vote of both houses of Congress or after the petition of two-thirds of the state legislatures. Amendments are ratified by either the legislatures of three-fourths of the states or by conventions in three-fourths of the states. The Constitution contains no provision directly limiting the power of the state legislatures to repeal the statutes of the several states, but Article I, Section 10, limits the power of a state legislature to repeal statutes that are in effect contracts with the citizens of the state. For details on specific amendments to the Constitution, see Constitution of the United States.
In parliamentary procedure, an amendment may be a motion, bill, or resolution. When adopted in accordance with the rules of parliamentary procedure, an amendment becomes a part of the original motion or bill.
Details are important, and as I said earlier, if you read Washington’s Farewell Speech, it makes it clear that the people hold the sole power to alter or repeal our Constitution, not the legislative branches of the states and general government. It may only amend to correct a fault found in the Constitution. They are both sworn to Support the Constitution, and the states don’t have the power to interfere with obligations made in writing between the people and the general government.
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