For those who say:
"... this is dangerous ..."
"... this is a terrible idea ..."
"... liberal States might send extremists as delegates ..."
"... other important things might be changed ..."
"... they will attack the Bill of Rights ..."
"... the right to free speech or right to bear arms could be taken away ..."
"... they might try to re-write the entire Constitution ..."
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An Article V Convention of States
has no authority to re-write or even to amend the Constitution.
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An Article V Convention of States is simply
a formal gathering of delegates from
at least 34 states (two-thirds),
to discuss, debate, and "
propose amendments" to the Constitution.
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The State resolutions currently circulating call for an Article V Convention of States using the same language.
"...
for the purpose of proposing amendments to the Constitution which:
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Impose fiscal restraints on the Federal Government;
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Limit the power and jurisdiction of the Federal Government; and
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Limit the terms of office for federal officials and members of Congress."
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When/if the two-thirds threshold is met, each State would send delegates to gather in the convention.
The delegates would be
selected by the various State legislatures.
The delegates would discuss, debate, and "
propose amendments" to the Constitution.
The convention would operate on a
one State = one vote system; with each State carrying the same weight.
-
Any proposal not within the stated purpose of the Convention of States
(
fiscal restraints; limits on power and jurisdiction; limits on terms of office)
would be unauthorized, rejected, and not approved by the Convention of States.
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Any proposal that emerged as a "
proposed amendment" by the Convention of States
would require ratification by 38 states (three-fourths), the same as with any other proposed amendment.
-
An Article V Convention of States has no authority to re-write or even to amend the Constitution.
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Read more at:
http://www.conventionofstates.com -
My usual contribution...
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The amendatory process under Article V consists of three steps: Proposal, Disposal, and Ratification.
Proposal:
There are two ways to propose an amendment to the Constitution.
- The Congressional Method requires the House and Senate to pass an amendment by a two-thirds majority.
- The Amendments Convention Method requires the legislatures of two-thirds of the states to petition Congress to call a Convention for Proposing Amendments. The states may request a single-subject convention or a general convention open to all subjects. Once the two-thirds threshold is reached, Congress is required to set a time and place for the convention.
Article V gives Congress and an Amendments Convention exactly the same power to propose amendments, no more and no less.
Disposal:
Once Congress, or an Amendments Convention, proposes amendments, Congress must decide whether the states will ratify by the:
- State Legislature Method, or the
- State Ratifying Convention Method.
The State Ratifying Convention Method has only been used twice: once to ratify the Constitution, and once to ratify the 21st Amendment repealing Prohibition.
Ratification:
Depending upon which ratification method is chosen by Congress, either the state legislatures vote up-or-down on the proposed amendment, or the voters elect a state ratifying convention to vote up-or-down. If three-quarters of the states vote to ratify, the amendment becomes part of the Constitution.
Forbidden Subjects:
Article V contains two explicitly forbidden subjects and one implicitly forbidden subject.
Explicitly forbidden:
- No amendment may be added to the Constitution concerning slavery or capitation taxes until 1808. We’re past that deadline.
- No amendment may be added to the Constitution to change the principle of equal representation in the Senate. So if California wants five senators, every state must have five senators. To permit this principle to be violated, this provision in Article V would first have to be amended; it would be a two-step process.
Implicitly forbidden:
- The Constitution of 1787 may not be abrogated and replaced with a new document. Article V only authorizes “a convention for proposing amendments to this Constitution”; therefore, the Constitution of 1787 is locked in place forever. Congress and an Amendments Convention have exactly the same Proposal power; therefore, neither Congress nor an Amendments Convention can start over. Both bodies can only propose amendments. To permit the drafting of a new constitution, this provision in Article V would first have to be repealed; it would be a two-step process.
I have two reference works for those interested.
The first is from the American Legislative Exchange Council, a conservative pro-business group. This document has been sent to every state legislator in the country.
Proposing Constitutional Amendments by a Convention of the States: A Handbook for State Lawmakers
The second is a 1973 report from the American Bar Association attempting to identify gray areas in the amendatory process to include an Amendments Convention. It represents the view of the ruling class of 40 years ago. While I dislike some of their conclusions, they have laid out the precedents that may justify those conclusions. What I respect is the comprehensive job they did in locating all the gray areas. They went so far as to identify a gray area that didn't pop up until the Equal Rights Amendment crashed and burned a decade later. Even if you find yourself in disagreement with their vision, it's worth reading to see the view of the ruling class toward the process.
Report of the ABA Special Constitutional Convention Study Committee