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S. 1272
A BILL TO PROVIDE PROCEDURES FOR CALLING CONSTITU.
TIONAL CONVENTIONS FOR PROPOSING AMENDMENTS TO
THE CONSTITUTION OF THE UNITED STATES, ON APPLICA-
TION OF THE LEGISLATURES OF TWO-THIRDS OF THE
STATES PURSUANT TO ARTICLE V OF THE CONSTITUTION

APRIL 12, 1973

U.S. GOVERNMENT PRINTING OFFICE

96.221

WASHINGTON : 1973

COMMITTEE ON THE JUDICIARY

JAMES 0. EASTLAND, Mississippi, Chairman JOHN L. MCCLELLAN, Arkansas

ROMAN L. HRUSKA, Nebraska SAM J. ERVIN, JR., North Carolina

HIRAM L. FONG, Hawaii PHILIP A. HART, Michigan

HUGH SCOTT, Pennsylvania EDWARD M. KENNEDY, Massachusetts STROM THURMOND, South Carolina BIRCH BAYH, Indiana

MARLOW W. COOK, Kentucky QUENTIN N. BURDICK, North Dakota CHARLES MCC. MATHIAS, JR., Maryland ROBERT C. BYRD, West Virginia

EDWARD J. GURNEY, Florida JOHN V. TUNNEY, California

SUBCOMMITTEE ON SEPARATION OF POWERS

SAM J. ERVIN, JR., North Carolina, Chairman JOHN L. MCCLELLAN, Arkansas

CHARLES MCC. MATHIAS, JR., Maryland QUENTIN N. BURDICK, North Dakota EDWARD J. GURNEY, Florida ROBERT C. BYRD, West Virginia

Kurus L. EDMISTEN, Chief Counsel and Staff Director

CLAIR W. RODGERS, Jr., Minority Counsel
TELMA P. MOORE, Executive Assistant

WALKER F. NOLAN, Jr., Counsel

J. L. PECORE, Assistant Counsel
PHILIP B. KURLAND, Chief Consultant
ALEXANDER M. BICKEL, Consultant

ARTHUI MILLER, Consultant
RALPH K. WINTER, Jr., Consultant

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PROPOSED LEGISLATION

Article V, the Constitution of the United States.

Ervin, Hon. Sam J., Jr. :

Introduction of S. 1272, Congressional Record, March 19, 1973_

Letter of April 2, 1973_-

Mitchell, Clarence, director of the Washington bureau, National Associa-

tion for the Advancement of Colored People :

Letter of March 30, 1973-

Letter of April 3, 1973-

State of Michigan, Senate Concurrent Resolution No. 172, application to

the Congress of the United States to call a constitutional convention pur-
suant to Article V of the Constitution ----

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FEDERAL CONSTITUTIONAL CONVENTION

PROCEDURES

THURSDAY, APRIL 12, 1973

U.S. SENATE,
SUBCOMMITTEE ON SEPARATION OF POWERS
OF THE COMMITTEE ON THE JUDICIARY,

Washington, D.C. The subcommittee met, pursuant to recess, at 9:20 a.m., in room 3302, New Senate Office Building, Senator Sam J. Ervin, Jr. (chairman of the subcommittee) presiding.

Present: Senator Ervin.

Also present: Rufus L. Edmisten, chief counsel and staff director; Telma P. Moore, executive assistant, William E. Pursley, Jr., chief counsel, Revision and Codification of Laws Subcommittee.

Senator ERVIN. The subcommittee will come to order.

Today the Subcommittee on Separation of Powers will hear from representatives of a citizen group which has particular and immediate interest in S. 1272, a bill to establish procedures for calling a Federal constitutional convention by the States pursuant to article V of the Constitution.

On March 19, 1973, Senator Brock and I introduced this bill, which has been referred for consideration to the Separation of Powers Subcommittee. It is exactly like the legislation I offered in the 92d Congress which was passed by the Senate, 84-to-0.

This bill provides for a reasonable and orderly process by which an article V constitutional convention can be called and conducted. It is urgently needed to supply answers to the perplexing questions which have been raised concerning this method of amending the Constitution.

The citizen group which will present testimony today, the National Committee for a Constitutional Amendment to Prohibit Forced Busing, is presently engaged in an effort to call a constitutional convention pursuant to article V. It is my understanding that nine State legislatures to date have adopted resolutions calling for a convention with respect to this subject and that over 20 other State legislatures are considering such a call. This group has, obviously, a special interest in S. 1272,

I welcome you to the hearing and appreciate your willingness to give us the benefit of your views on this legislation.

I would like to insert in the record at this point a copy of the bill S. 1272, and a copy of the statement I made to the Senate at the time of the introduction of the bill. [S. 1272 follows:]

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