Replies

So, while there are gray areas, it seems that the main role Congress would play in an Article 5 amendment process is the determination as to whether the states legislatures or state ratifying conventions would ratify (or fail to ratify) any amendments proposed by the amendment convention. Or am I reading this wrong? If that’s true, I stand corrected in stating that Congress doesn’t play a role. However, it’s still true that Congress would have no real power to prevent an amendment if the amendment convention method is used to propose it.

Of course, the Constitution does state that Congress is to call an amendment convention upon request by 2/3 of the states. From the link you posted, it seems to be a mandatory thing; Congress cannot refuse to call the convention. As a practical matter, though, what happens if Congress shirks its Constitutionally-mandated duty and fails to call the convention (I know, it’s a stretch that Congress might not do its duty, right </sarcasm>). Could a convention meet anyway? Would any amendments from that convention be valid?

Your first point is correct. Congress has two options for Disposal rights, and that duty belongs to Congress alone. There is no third possibility, which is that Congress could refuse to exercise its Disposal rights. In Article XIII of the Articles of Confederation, Congress had that third option, which was to block an amendment, but George Mason of Virginia raised a red flag about that at the Constitutional Convention. Mason did not trust Congress, so Article V only has two Disposal options for Congress.

Concerning your second point, read Post #29.