Posted on 11/16/2014 9:44:12 AM PST by Jacquerie
Full title: Lawful and Peaceful Revolution: Congress’ Present Duty to Call a Convention for Proposing Amendments.
Article V figured prominently in the public debate on the constitution, which began immediately after adjournment of the federal convention on September 17th 1787.
30. James Madison praised the proper balance between ease and difficulty in amending the constitution. From Federalist 43 of January 23rd 1788, “(Article V) guards equally against that extreme facility, which would render the constitution too mutable, and that extreme difficulty, which might perpetuate its discovered faults.” IOW, setting the bar at two thirds to call amendment conventions was not designed to prevent their occurrence, yet demanding the consent of three fourths of the states to ratify WAS intended to make sure any changes were approved by a super majority of the people.
31. Soon thereafter in Federalist 49, Madison could be speaking to us today, for he posited what should be done if one branch of government went beyond its powers and encroached the authority of the others. While all power resides within the sovereign people, frequent appeals to them are certain to undermine the legitimate authority of the government and take the nation back to unstable times. Still, “a constitutional road to the decision of the people, ought to be marked out, and kept open for certain great and extraordinary occasions.” Article V was to serve this fundamental purpose, a peaceful means for the people to assert their sovereignty. It is there before our very noses, and should be used today to put the judiciary and executive branches back in their proper constitutional places.
32. In Federalist 85 of May 28th, Alexander Hamilton agreed that corrections to the new government were probably essential after it was put into operation. Whereas England had centuries to fine tune its system, ours would be put into operation all at once. Thereafter, its actual operation could be measured and if necessary, amended. He noted that amendments proposed either by congress or a state convention “would be a single proposition, and might be brought forward singly.” This precludes the presentation of amendments as a block, and should set to rest those who fear a “con-con” that overnight could set up a socialist frame of government. From the very first amendments submitted to the states, each was considered singly.
34. As for the assertion that congress would be able to block the state amendment process, Hamilton thought it without merit. Whenever two thirds apply, congress will be obliged to call a convention for proposing amendments. The words in Article V are peremptory; the congress shall call a convention.”. Unfortunately, Hamilton would be proved wrong, for after hundreds of state applications, congress refuses to call a convention.
35. This rational reading of Article V, that congress must call a convention on the application of two thirds of the states was evident at state ratifying conventions. On June 6th 1788 at the VA Ratifying Convention, George Nicholas responded to Patrick Henry’s assertion it would be too difficult to amend the constitution. Nicholas: “Had it rested solely with Congress, there might have been danger. The committee will see that there is another mode provided, besides that which originated with Congress. On the application of the legislatures of two thirds of the several states, a convention is to be called to propose amendments, . . . “
On June 25th, also at the VA convention, James Madison sought to put Anti-Federalist’ fears of an un-improvable constitution to rest. “They cannot but see how easy it will be to obtain subsequent amendments. They can be proposed when the legislatures of two thirds of the states shall make application for that purpose . . . “
Most FReepers are aware of these links, but I post anyway for review and for people new to Article V. It is our responsibility to make Article V the most understood aspect of the US Constitution.
Convention of States - Alabama Way to go Alabama! A good introduction.
'Convention of states' to rein in government Another great summary explanation.
The Case for an Article V. Convention. Fantastic explanation of Article V convention to the Mass State Legislature.
I would recommend watching the above three videos first and then:
Convention of States Lots of information here.
Article V Project to Restore Liberty Another good source.
Convention of States model Resolution
A Summary of Mark Levin’s Proposed Amendments by Jacquerie
Chapter 1 of Mark Levin’s Book, The Liberty Amendments
Mark Levin, Constitution Article V, and the Liberty Amendments
Rep. Bill Taylor introduces a Convention of States
Mark Levin Article V, Liberty Amendments youtube video hub
Three hour video of C-Span interview with Mark Levin
Gaining Steam? Nearly 100 Lawmakers Descend on Mount Vernon to Talk Convention of States The beginning.
Convention to Propose Amendments to the United States Constitution
The Other Way to Amend the Constitution: The Article V Constitutional Convention Amendment Process
Friends of the Article V Convention
Friends of Article V Convention Links
Ulysses at the Mast: Democracy, Federalism, and the Sirens' Song of the Seventeenth Amendment by Jay Bybee. Repeal the 17th!
Article V Convention: Path of Least Resistance by Robert Berry
Article V Handbook - for State Legislators An important resource.
State Legislators Article V Caucus State Legislators, Join up at this site!
Send this list of links to your State Representatives and Senators here: Contact your State Legislators.
Sample Letter to state Representatives regarding the Convention of States Project and also, Talking Points. Both from Here.
Excellent Article V Letter to a State Assemblyman by Jacquerie
"All that is necessary for the triumph of evil is that good men do nothing." - Edmund Burke. Let’s all work together to get this going.
The guys gave me a real workout today!
LOL! Thanks!
I am especially impressed with your original way of thinking about these issues.
It seems to me one of the real tests of the quality of the piece of writing is the sense of regret that one experiences at having arrived at the end. You have passed and surpassed that test.
Thank you for your kind words. I’m glad you enjoyed reading it.
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