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Amending the Constitution: A Letter to a Congressman, 82 YALE L.J. 189 (1972)


I understand that S.215 ("An Act to provide procedures for calling
constitutional conventions for proposing amendments to the Constitution
of the United States, on application of the legislatures of
two-thirds of the States, pursuant to Article V of the Constitution"),
having passed the Senate, has now been referred to your Committec
on the Judiciary. It is my distinct opinion, the result of years of
reflection on the very -subject, that this bill is, for many reasons,
both unconstitutional and unwise. It is also, quite obviously, a most
important bill, for it would bring into being new and specific means
for amending the Constitution of the United States, in a way that
has never before been found needful. Because I think it both a supremely
important and a very bad bill, I am taking the liberty of
communicating to you at some length my reasons for opposition.

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