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The History of Article V

Published in Blog on May 02, 2023 by Edward Preisendanz

The Delaware team is currently preparing testimony to present to our legislature when the COS resolution is debated. The following is an excerpt:

Today America faces some great challenges: We, the United States of America, are over $31 trillion in debt, and the spending by our federal government continues unabated. 

We face massive federal regulatory overreach into every aspect of our daily lives; and we have career politicians, bureaucrats, and judges that do not have our individual nor our nation’s best interests in mind. But there is a way to fix this and it’s right in our Constitution. 

Towards the end of the Constitutional Convention in 1787, Colonel George Mason pointed out that in the draft document, only Congress had the power to propose amendments. He asked what would happen if Congress overstepped its bounds. Would Congress ever propose amendments to restrict itself?

Colonel Mason argued that there needed to be another way to propose amendments. Thus, he proposed the second part of Article V, which was immediately adopted because all who were present realized the necessity of giving the States the power to rein in the federal government.

The following excerpt was passed as Article V, and we at Convention of States are requesting the legislature to vote in favor of it:

“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.”

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