From a historical world perspective, the average lifespan of a country’s Constitution is a mere 17 years. The fact that the U.S. Constitution has endured for 247 years is a testament to the wisdom of the Framers and the founding principles it was drafted to protect. The Framers of the U.S. Constitution diligently worked to provide as complete a document as possible, yet certain items were not included that would have jeopardized ratification at that time. For instance, the Framers were unsure if proper authority had been granted to each branch of government. They knew changes would be necessary to correct unforeseen issues based on experience.
Therefore, they included two methods of proposing amendments to the U.S. Constitution: 1) Congressional authority, and 2) State-called convention. To be precise, Article V of the U.S. Constitution reads:
“The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.”
It’s important to note that James Madison further stated, “The State Legislatures to be the sure guardians of the people’s liberty.” The Constitution grants co-equal authority to Congress and the States to propose amendments to the Constitution. Also, note that the subject matter of the resolution State Legislatures pass is critical. To date, states have passed more than 400 Article V applications to hold a convention of the states meeting.
Yet, there has never been a convention of the states held under Article V. Why? Because two-thirds of the State Legislatures must agree on the purpose of the Article V meeting. Today, that requires the agreement of 34 state legislatures, which is a monumental task. Once the 34-state threshold is reached, states will select commissioners to represent their state at the Article V meeting. State Legislators will determine the qualifications, selection criteria, number of commissioners, and provide instructions for their authority. To suggest that Congress has any authority in this process is absurd. Why would the Framers unanimously give authority to State Legislatures to propose constitutional amendments at an Article V convention and then put Congress in control of commissioner selection and instruction? They did not. This process is completely in the hands of state legislators.
At the convention, commissioners can only discuss, propose, and vote upon amendments that fit within the parameters of the resolutions at least 34 states approved for the meeting. These would be in the instructions the state legislative body provides to the commissioners that are selected. Additionally, the legislature can recall commissioners who act outside of the meeting’s agenda or violate the instructions provided to them. Again, this process is under the direction of each state’s legislature.
Any amendments that pass with a simple majority vote (26 states represented at the convention) then will be submitted to all 50 state legislatures for ratification. The Article V convention has no authority other than to propose amendments. Nothing can be changed in the Constitution until a proposed amendment is agreed to by three-quarters of the states (38 states). The only role Congress has in this part of the process is to determine if the ratification will be through State Legislatures or by state ratifying conventions. The state ratifying convention would be established and overseen by each state’s legislature. Either way, each State Legislature is in control of their state’s process.
The only authority given to Congress or State Legislatures is to propose amendments to this Constitution. Article V is for a limited purpose. There is nothing in the Constitution that allows for another general convention. By definition, that would be an extra-constitutional event. There is no other voting threshold in local, state, or federal government that requires a three-fourths majority vote to achieve passage of an issue. The ability of an amendment that is outside the scope of the Article V meeting’s adopted agenda is politically impossible.
Convention of States Action’s Article V Resolution allows for discussion and proposal of amendments that: limit the size, scope, and jurisdiction of the federal government; discuss term limits for federal officials; and implement fiscal restraints. This is not about a particular policy. The purpose of this specific resolution is to return decision-making abilities back to the people – where they constitutionally belongs.
We believe that government closest to the people provides the best outcomes. You are a better judge of what resources are needed in your district. Our resolution provides you with the ability to take your power back.
Our Constitutional Republic is at a critical juncture. Regardless of your political philosophy, the trajectory of federal spending is unsustainable. The federal government dictates over 60% of Missouri’s budget. How are you to be accountable for your results when you only have control of 40% of the tools? The states have become regional agencies of the federal government. Convention of States Action’s Article V Resolution provides a solution that is as big as our problems.
Take back your control. For more information, go to www.conventionofstates.com.
