Consent of Congress not required
The discussion continued with Col Mason insisting that the plan will have defects, as did the Articles of Confederation. Therefore amendments would be needed in a civil organized manner, to avoid “chance and violence”. The amendment process would be provided to avoid that. And the approval of Congress should not be required because Congress itself might be the problem and reason for the amendments. Mr. Randolph reinforced Mason's views.
Takeaway points:
Resolution 13, for amending the national Constitution hereafter without consent of Natl. Legislature being considered, several members did not see the necessity of the Resolution at all, nor the propriety of making the consent of the Natl. Legisl. unnecessary.
Col. MASON urged the necessity of such a provision. The plan now to be formed will certainly be defective, as the Confederation has been found on trial to be. Amendments therefore will be necessary, and it will be better to provide for them, in an easy, regular and Constitutional way than to trust to chance and violence. It would be improper to require the consent of the Natl. Legislature, because they may abuse their power, and refuse their consent on that very account. The opportunity for such an abuse, may be the fault of the Constitution calling for amendmt.
Mr. RANDOLPH enforced these arguments. The words, "without requiring the consent of the Natl. Legislature" were postponed. The other provision in the clause passed nem. Con.
>http://avalon.law.yale.edu/18th_century/debates_611.asp
===========================
Article V, the 1787 Formation Process
Index to all the Notes on the Debates in the Federal Convention, Federalist 43 and 85, and Jefferson's letter to Samuel Kercheval
>http://indianaliberty.weebly.com/blog/article-v-the-1787-formation-process
The discussion continued with Col Mason insisting that the plan will have defects, as did the Articles of Confederation. Therefore amendments would be needed in a civil organized manner, to avoid “chance and violence”. The amendment process would be provided to avoid that. And the approval of Congress should not be required because Congress itself might be the problem and reason for the amendments. Mr. Randolph reinforced Mason's views.
Takeaway points:
- Amendments should be provided to correct defects, thus preventing “chance and violence”
- Still under consideration, is not requiring the approval of Congress
Resolution 13, for amending the national Constitution hereafter without consent of Natl. Legislature being considered, several members did not see the necessity of the Resolution at all, nor the propriety of making the consent of the Natl. Legisl. unnecessary.
Col. MASON urged the necessity of such a provision. The plan now to be formed will certainly be defective, as the Confederation has been found on trial to be. Amendments therefore will be necessary, and it will be better to provide for them, in an easy, regular and Constitutional way than to trust to chance and violence. It would be improper to require the consent of the Natl. Legislature, because they may abuse their power, and refuse their consent on that very account. The opportunity for such an abuse, may be the fault of the Constitution calling for amendmt.
Mr. RANDOLPH enforced these arguments. The words, "without requiring the consent of the Natl. Legislature" were postponed. The other provision in the clause passed nem. Con.
>http://avalon.law.yale.edu/18th_century/debates_611.asp
===========================
Article V, the 1787 Formation Process
Index to all the Notes on the Debates in the Federal Convention, Federalist 43 and 85, and Jefferson's letter to Samuel Kercheval
>http://indianaliberty.weebly.com/blog/article-v-the-1787-formation-process