The Founding Fathers left us two methods to propose amendments to the Constitution.
The Framers also left us two methods to ratify amendments, and they authorized Congress to decide which method was appropriate. The Supreme Court has ruled that Congress is limited to choosing one of the two methods.
One thing is perfectly clear: Article V gives the States Assembled in Convention the same proposal rights as Congress -- no more, no less. And no matter whether an amendment originates with Congress or a Convention for Proposing Amendments, it must be ratified by three-fourths of the states before it can become part of the Constitution.
The Framers Safety Valve
Fearing a tyrannical Congress would block the amendment process, the Framers formulated Article V, wording it so as to fence off the Constitution from hostile or careless hands. They were careful to enumerate Three Forbidden Subjects.
The last Forbidden Subject is implied, rather than explicit, like the first two. The Framers took great pains to avoid using the term constitutional convention. Instead, the Founding Document refers to a Convention for proposing Amendments...as part of this Constitution. An Article V Convention is strictly limited to proposing amendments to the Constitution of 1787, and it is forbidden to consider, compose, or even discuss a new constitution. No matter what amendments may be proposed, the Constitution must remain intact, else the actions of the convention become unconstitutional. Unless Article V is amended first to allow it, a Convention for Proposing Amendments can never become a true constitutional convention, i.e., it can never write a new constitution. And neither can Congress.
How It Would Work
The Founding Document is silent about a Convention for Proposing Amendments, except for establishing its existence and the criterion of its call by Congress. But some things can be extrapolated from the Constitution.
The Practical Side of a Convention for Proposing Amendments
Article I, Section 6 of the Constitution prevents a sitting congressman or senator from taking a seat as a delegate at a Convention for Proposing Amendments unless he first resigns his seat in Congress. It is safe to say that few would be willing to give up the permanent power of Congress for the transitory power of an Article V Convention.
So who would be elected by the states? Yourself, your friends, and your neighbors.
There would be no need for a party endorsement or a campaign war chest. Anyone who raised a vast sum of money or took campaign contributions from vested interests would immediately fall under suspicion. After all, an Article V Convention is about the Constitution, not pork, perks and personal power.
Anyone who wishes to run for Convention Delegate will have to know his Constitution. He will have to express strong positions on possible amendment proposals and be able to defend those positions in public. He cant hedge, waffle or use weasel words. Before the election, voters are sure to ask the candidate to submit his favorite amendment proposals in writing, which is the best way to avoid the slippery language of politics.
Most importantly, the candidate for Convention Delegate will have to be a person of integrity, respected in his community. And that eliminates most careerists of the current political class.
The conservative caricature of an Article V Convention is a disorderly mob of statists from Massachusetts, welfare recipients from New York, and New Agers and illegal aliens from California.
The liberal caricature of a convention is a gaggle of socially maladjusted individualists from Arizona, American Gothics from Indiana, Christers from Kansas, Johnny Rebs from South Carolina, and bearskin-clad mountain men from Alaska.
And to 49 states, the name of Texas conjures up the image of sharp businessmen skinning the other delegates out of their eye teeth.
They will all be there, and that is as it should be. At an Article V Convention, everyone will have an opportunity to make his case. And everyone will have to lay his cards on the table.
Here is a possible selection of things that one could expect at a convention.
But its a safe bet that only congressional term limits, a balanced budget, repeal of the income tax, a fix to the border problem, and one or more possible solutions to the problem of the Electoral College will get out of convention and be sent to the states for ratification.
And it's possible that none of the proposed amendments will receive the three-fourths ratification necessary to add them to the Constitution!
So why go through all this?
Because we as Americans need to know that our system works for us. Recent events have placed doubts in many minds, and there are those among us who would argue that the system does not work anymore and needs to be changed.
Perhaps.
But that is the beauty of the Constitution of the United States. It is designed to be changed by the people, either through their national government or -- should that government fail to satisfy their mandate -- through a second system of amendment. The Framers bequeathed us two methods of amendment so that our government and its actions will always be under our control, not the governments.
Perhaps its time for the American people to show that government whos in charge.
Great post!!
Good post. And would spur some strained discussion at cocktail parties in Washington, D.C. .
Thanks much for a fantastic post...the time has come to do something serious, and I will be giving a lot of my time to ponder the situation. The future of our children and this country is at stake and when 75% of the people want something done and our leaders refuse to do it. It is time for action. The question remains what type of action?
Off the top of my head besides a constitutional Convention, we need to use all our resources to fight these arrogant self dealing idiots. Taking a look at past causes, civil rights, prohibition, suffrage etc, what methods worked? Civil disobedience (peaceful)seems to be one common thread that helped bring about these changes.
Our politicians live for votes and donations. Both parties are now seperated by only a fine line.
Our government lives on our forced taxes and our antiquated tax law where is our amnesty? Where is our Tax Reform? It won't happen because Congress benefits from the status quo unless we make it happen.
Clearly if things don't change and soon, we will be facing a Civil War or Revolution, because America as we know it is disappearing.
I would thing a tactician would suggest a multi-pronged approach, and not put all our eggs in one basket.
Time to watch Mel Gibson in the Patriot again....Somehow I can relate to his role.
What a great post. The salvation of this country may just yet come from the minds on FR. I don't see anything else coming down the pike.