Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/693

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CH. XLI.]
MODE OF AMENDMENTS.
685

violence, is taken away by that part of the provision, which renders an application from the legislature, or executive authority of the state endangered necessary to be made to the general government, before its interference can be at all proper. On the other hand, this article becomes an immense acquisition of strength, and additional force to the aid of any state government, in case of an internal rebellion, or insurrection against its authority. The southern states, being more peculiarly open to danger from this quarter, ought (he adds) to be particularly tenacious of a constitution, from which they may derive such assistance in the most critical periods.[1]

§ 1820. The fifth article of the constitution respects the mode of making amendments to it. It is in these words:
The congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the congress; provided, that no amendment, which may be made prior to the year one thousand eight hundred and eight, shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the senate.[2]

  1. 1 Tuck. Black. Comm. App. 367. See also Rawle on Const. ch. 32; 2 Elliot's Deb. 118, 119, 120; Journ. of Convention, p. 229, 311, 312.
  2. See Journ. of Convent 113; id. 229, 313, 347, 348, 366, 386, 387, 388.