Replies

Is there a rationale to suggest that in 1787, the framers made Congress a clearing house for Article V solely for logistical reasons? Maybe they thought it was simpler for individual states to notify a single Congress instead of all the other states, and then let Congress notify all the states when the threshold was met?

As pointed out earlier, Federalist 85 is clear on the matter that Congress is compelled to call the convention, and plays no other part. To me, this is not a vote on a resolution as Wikipedia called it, but more of a mere announcement that the threshold was met.

Congress is a book-keeper on the matter. I don't know how it came to be that a vote is required to actually make the call.

-PJ

You are correct about the Framers intending Congress to be a mere clearinghouse. That's why Hamilton said in Federalist #85 that Congress had no discretion in the matter.

But Congress doesn't do anything without a vote unless someone can say, "Without objection, it is so ordered." Every action taken by Congress that involves something in the amendatory process is handled by a Joint Congressional Resolution. There is a vote because that's how it's done. Up until now, it's pretty much been a formality.

I'd like to see the same kind of simple formality when 34 states apply to Congress for a convention citing Georgia's language taken from Levin's book. In fact I think we'll see a unanimous vote, but there will be a lot of maneuvering behind the scenes.

My "transcript of the secret meeting" was intended to be both revelatory and funny. The real game begins when Congress gets it into its head that it can control the convention.

> “Is there a rationale to suggest that in 1787, the framers made Congress a clearing house for Article V solely for logistical reasons? Maybe they thought it was simpler for individual states to notify a single Congress instead of all the other states, and then let Congress notify all the states when the threshold was met?”

You have it exactly right. It was far simpler for the states to use Congress as the concierge for the state applications.

If Article V had been written to allow states to call their own convention, then it would have been a show of disunity.

To show unity between the states and Congress, the clause was written unambiguously that “Congress must call”. This empowers the states but forces them to accede to Congress in treaty.

The clause that allows Congress to decide the mode of ratification to the state legislatures or state conventions empowers Congress to decide of the motives and intents of the state legislators are with the people or not. This is a balancing clause.

Balancing state power and federal power as well as balancing powers among federal branches was a key element in crafting the Constitution. Unfortunately, the 17th Amendment severed the balancing restraints between states and federal government.