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comment by bioemerl
bioemerl  ·  1637 days ago  ·  link  ·    ·  parent  ·  post: Farewell, America

    NOW. We got 11 months to build or we are fucked. FUCKED. If the Democrats lose a single state house in 2017, the Republicans will have the 75% of state houses needed to pass Constitutional Amendment

Holy shit that's bad.

b_b  ·  1637 days ago  ·  link  ·  

It's bad, but not quite as bad as it sounds. They still need 2/3 of both houses on Congress. There is a mechanism for a constitutional convention, but it has literally been used 0 times, and no one even knows how to do it or what the legal requirements are. Seriously. It's in the Constitution, but since it's never been used it is unclear how it could be used, as normally these matters either operate on tradition, the history of court decisions, or both. Here, there are none, so it is unlikely to occur suddenly. Therefore, as long as greater than 1/3 of both houses stay Democrat (likely, given that Dems get more of the cumulative vote in House races in most elections--that's how gerrymandered we are), we're safe from oppressive bullshit that these theocrats might dream up.

user-inactivated  ·  1634 days ago  ·  link  ·  

    They still need 2/3 of both houses on Congress


    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

If 3/4 of the state legislators demand a Constitutional Convention, they can do that also without the input of Congress.

b_b  ·  1633 days ago  ·  link  ·  

I feel like you stopped reading my post after one sentence. The issues surrounding the mechanism for 3/4 of states calling a convention are vast and complicated. It is an unknown unknown. It won't happen.

user-inactivated  ·  1633 days ago  ·  link  ·  

    I feel like you stopped reading my post after one sentence.

Apologies, not my intent. I am seeing this here and there, that "it will never happen," yet here we are talking about President Donald Trump. There is an incredible amount of nutty in the State Legislatures, in plces like Arkansas and Kansas to give examples. It is in my head that there are people out there now planning for that 3/4, and how to get it. The thing is that the people plotting this maneuver? They concern me a bit.

    It is an unknown unknown.

100% with you there. And honestly, I would like to keep it that way for now.

b_b  ·  1633 days ago  ·  link  ·  

Right. Anything seems possible in Trump's America, but not in the good, uplifting way.