Orrin Hatch: “I pointed out that article V sets forth the exclusive conditions for promulgation of a constitutional amendment. The…”

“I pointed out that article V sets forth the exclusive conditions for promulgation of a constitutional amendment. The distinguished Senator from North Dakota brought up that there is a 7-year time limit and that is a condition on ratification. Promulgation and ratification, of course, are distinct acts and are two different acts. They should not be confused. Under article V once Congress has passed an amendment by the necessary two-thirds margin in both Houses, the amendment must be promulgated to States for ratification. There is nothing in the text of article V nor in the constitutional history that suggests that Congress can play slick games with the States by passing an amendment but keeping it from going to the States. The act of promulgation is a ministerial act that must be performed once the two-thirds vote has been obtained. By contrast, there is ample reason why Congress should be permitted to include additional terms and conditions on ratification such as the 7-year time limit.”