Monday, November 17, 2003

Arnold's the governor for real. Just in time for the holidays. Jingle all the way!

UPDATE: This whole Arnold thing got me thinking about his inability to run for president because of Art. II, Sec. 1. The governor of Michigan, Jennifer Granholm, faces the same problem (she's Canadian). I know George Will thinks this is too bad. The Federalist Papers are silent on this clause, I believe. Maybe the "foreign invader" theory is outdated.

However, the fear with any amendment is the "runaway convention." Remember, the Constituion can be amended without Congress' consent - 2/3rds of the states legislatures can form a convention, and if 3/4ths of the states like the amendments proposed, they become law (Article V). If you think this prospect fanciful, read this book by CMC Professor Ralph Rossum. Fear of a runaway constitutional convention hastened the passage of the Seventeenth Amendment by Congress. This was a damage-control measure. For more amendment theory, read this book by Sandy Levinson.

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