The Law: The States' Rights Amendments

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Chief Justice Earl Warren sounded an alarm in April. Speaking at Duke University, Warren warned against a spreading movement for adoption of three "states' rights" amendments to the U.S. Constitution that would:

1) Enable the legislatures of two-thirds of the states to propose constitutional amendments, which, "without further action by Congress," would go into effect upon ratification by three-quarters of the states. The Constitution provides that upon "application" by two-thirds of the states, Congress "shall call a Convention for proposing Amendments." The amendment would abolish the convention clause, make it theoretically possible, because of disproportional representation in state legislatures, for legislators representing less than 20% of the U.S. population to alter the Constitution. 2) Place the apportionment of seats in state legislatures beyond the reach of the U.S. Constitution and the federal courts. This amendment would annihilate the Supreme Court's 1962 Baker v. Carr decision, which brought apportionment of state legislatures under review by federal courts.

3) Create a new high court made up of the chief justices of the 50 states. This "Court of the Union" could review and overrule U.S. Supreme Court decisions on constitutional issues.

"Patently Absurd." The amendments originated in the National Legislative Conference, an organization of state legislators and their staffers. Amendment No. 3 has hardly a chance of success. It is "so patently absurd," says Yale Law Professor Charles L. Black Jr., "that it will probably sink without a trace." Only four legislatures have endorsed it—Alabama, Arkansas, Florida,

Wyoming. "Frankly," admits Pennsylvania's Republican House Speaker W. Stuart Helm, head of a group lobbying for the amendments, "I'm not overenthusiastic about it myself."

The other two amendments made somewhat more headway. No. 1 passed eleven legislatures: Arkansas, Florida, Idaho, Illinois, Kansas, Missouri, New Hampshire, Oklahoma, South Dakota, Texas, Wyoming. Amendment No. 2 passed twelve: Arkansas, Idaho, Kansas, Missouri, Montana, Nevada, Oklahoma, South Dakota, Texas, Utah, Washington, Wyoming.

"I Will Be Glad." But the going is getting tougher. Nebraska, with the U.S.'s only unicameral legislature, approved No. 1 and No. 2, but Democratic Governor Frank Morrison vetoed them. The Tennessee senate passed all three amendments by a voice vote and then, on second thought, reversed itself. In New Jersey, the senate unanimously passed No. 1 and No. 2. Then after Democratic Governor Richard J.

Hughes and Republican U.S. Senator Clifford Case denounced the amendments, the senate voted, again unanimously, to recall its resolutions.