Thread: 28th amendment
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Old June 12, 2010, 09:29 AM   #31
Al Norris
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Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,298
Quote:
Originally Posted by Hugh
in my view, a new frame of government would not be binding upon any State without their consent, because the States are sovereign.
The telling phrase is that which I underlined.

I hate to break it to you, Hugh, but the States are not sole sovereigns.

Like it or not, the States, including Virginia, gave up that status when they ratified the Constitution.

The Republic, as it was ratified, was a system of shared sovereignty. The States retained much of their sovereignty as regards their own territory and their own citizens, but gave up the role as sovereigns to all things external. Those sovereign powers belong to the central government.

The idea that States are sovereign was utterly destroyed when the Articles of Confederation were thrown out in favor of the Constitution.

To get back on topic, somewhat, should a Constitutional Convention be held, wherein the current Constitution is thrown out (ala the Articles of Confederation), then only those States that ratified this new compact would be part of the new government. Those States not ratifying the new document, would become sovereign and be on their own.

If however, this Convention merely amended the current Constitution, and 3/4ths the States ratified the amending documents, then all the States would be subject to those amendments. As noted, the restriction here is that no state shall be deprived of its equal suffrage in the Senate, without its consent. No mere amendment can alter that, without throwing out the current Constitution (at least, that is my understanding).
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