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Mike Johanns Responds

Posted Monday, March 21, 2011, at 8:18 AM

US Senator Mike Johanns
As promised, I transcribed the following personal letter response I received from Senator Mike Johanns concerning a question I asked about compelling our state legislature to call for a constitutional convention. I wrote all our pertinent elected reps the same question and present their responses, or lack thereof ...

Here's the background...

http://www.mccookgazette.com/blogs/hoag/... and http://www.mccookgazette.com/blogs/hoag/...

Dear Brian:

Thank you for contacting me regarding the process for amending the US Constitution. I appreciate having the benefit of your views.

Article V of the U.S. Constitution provides for two methods of seeking a constitutional amendment. First, an amendment can be proposed in the form of a joint resolution that must pass both the House of Representatives and the Senage by a two-thirds vote. The resolution must then be approved by three-fourths of the state legislatures through a ratification process that is administered by the Archivist of the United States (1 U.S.C. 106b).

As you mentioned, the second method prescribed for amending the U.S. Constitution is for a constitutional convention to be called by two-thirds of the legislatures of the States. Any amendments then proposed through a constitutional convention would have to be ratified by three-fourths of the state legislatures. None of the 27 amendments to the U.S. Constitution have been adopted through a constitutional convention, and the result , the exact details surrounding this process are unclear.

Provided that a call for constitutional convention would originate with state legislatures, you may wish to express your views to your state legislator, Senator Mark Christensen, at (402)471-2805 or mchristensen@leg.ne,.gov. If you have views regarding any specific constitutional amendment proposal, I invite you to contact my office to share your thoughts.

Thank you for taking the time to contact my office. It continues to be an honor to represent Nebraskans in the U.S. Senate. If you wold like more information about isues being discussed in the Senate, I encourage you to visit my website at www.johanns.senate.gov, where you may also sign up for my e-Update. Thanks again for contacting me.

Very truly yours,

Mike Johanns
United States Senator

I'll give Seantor Johanns a public "thank you" for his response. I know our elected representatives have a lot on their plate but our US Senators seem to be able to find the time one way or the other. Too bad our US Congressman Adrian Smith and Nebraska State Senator (guns needed in schools) Mark Christensen are not so inclined.

Showing comments in chronological order
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Brian and Senator Mike Johanns...

With all due respect, the use of the term "constitutional convention" is inaccurate; the appropriate term is an Article V Amendments Convention (capitalization for proper nouns). The one and only constitutional convention was in 1778 in Philadelphia. No where in the U.S. Constitution does it mention a constitutional convention.

The process for an Article V Amendments Convention is quite clear if you do two things: 1) Read Article V without adding anything to it; and 2) Study the information found on foavc.org website (you'll also be able to see the 700+ applications for amendments by 49 of the 50 states!). The exact details for an Article V Amendments Convention are delineated by Bill Walker, a Constitutional Scholar.

His latest article can be found at article-v-convention.com if you click on HOME. Thank you for your interest in accuracy.

P.S.: My Marilyn owns 40 acres in Nebraska, where her 3 brothers still live on their individual 40 acre farms.

-- Posted by OneSovereignCitizen on Tue, Apr 12, 2011, at 11:42 PM

Perhaps you missed the responses here... http://www.mccookgazette.com/blogs/hoag/...

This is such a convoluted mess and so much money is involved, getting an Article V Amendments Convention after all the push already for one seems pretty unlikely for some reason, unless the people clean the policital houses completely, and somehow I don't see that happening.

-- Posted by Brian Hoag on Thu, Apr 14, 2011, at 12:27 PM

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