Article V (Article 5 – Mode of Amendment)- 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. (End copy)
As we now move in to the 2021 State Legislative Sessions across the Country, the subject of an Article V Convention of the States will be back in the discussion queue. We are now seeing more voices in the Conservative National Leadership and media speaking of their support for an Article V Convention of the States, to propose Amendments to the Constitution of the United States. This method of amending the Constitution was included in the Constitution, because our brilliant Founders, George Mason in particular, saw that there could be the need for the Several States, because of an “out of control” national government, to correct it. But, how does an Article V Convention of the States work? This is how:
First, it must be understood that the Constitution establishing our Representative Republic is not an agreement between We The People and the National Government; the Constitution is a Compact between the Several STATES, allowing the establishment of a Federal Government, and allowing that Federal Government to perform the specific and enumerated tasks that the STATES assigned to it. It was designed so that any and all issues not specifically designated in this compact to be decided by the Federal Government, are to be left ultimately to the authority of the STATE where a question arises (Ref- the 10th Amendment). And it is the duty and responsibility of the STATES to correct the compact when the entity established by the compact violates the compact. And there is a defined and orderly process specified in Article V for how the STATES correct the compact.
It takes 2/3 (34) State Legislatures filing coordinated, specific and proper applications to have Congress call the Convention (and then Congress is out of the picture). It is then the responsibility of each State to, through legislation, designate who will act as Delegate(s) from their State and to set the restrictions AND penalties on the actions of their Delegate(s). The State of Indiana has already passed legislation concerning these two matters. It takes the Delegate(s) of ½+1 (26) States to approve any Amendment(s) proposed and to be reported out of the Convention and back to the State Legislatures. ALL Amendments proposed must be within the scope of the purpose that the Convention Applications specified.
It will then take 3/4 (38) States, either through legislative action or through a State Convention convened by the State Legislature to ratify EACH and EVERY Amendment individually reported out of the Convention. Congress may suggest which of these methods the States are to use, but the States are NOT bound by the suggestion by Congress. Once 38 States ratify ANY Amendment, it is added to the Constitution without any further action required. Sadly, there are detractors and distracters out there who want to try and fly false flags about “Runaway Conventions” or “Congress taking over the Convention” that are just muddying the water. It’s all about understanding the relationship of Article IV, Article V and the 10th Amendment.
I hear people all the time saying the problem is not the Constitution, the problem is the politicians. I do not argue that there is a piece of truth in this, but the only way to break the cycle of the problems national government politicians create is going to be by the States re-exerting their authority. Article V is the only Constitutional method for them to do this. And we all need to understand that those in DC who have caused the problems are not capable of solving the problem.
For further information on how we can have the opportunity to make this happen and reverse the current destructive path our Country is on, visit www.ConventionofStates.com.
God Bless America! And America, Bless God Again!!