Article V is somewhat different from Idealink, my main blog. It is also a pun (sorry). This blog is my (vijtable’s) musings on the state of affairs in America with respect to the US Constitution. My first initial being “v” and the Constitutional article in question also being “v” is coincidental. If Article VII of the US Constitution had been the one about changing the Constitution, that could have been what this would have been called. Besides, the V (capital) is pronounced “five” while the “v” (lowercase) is pronounced “vee”.
Why the Constitution? It is the central founding document of the United States, and its efficacy has slowly waned over the years, as interpretations on top of interpretations have created an edifice of government where sovereign power is not being vested in the people (as in, “We The People”). My contention is that the Constitution needs to be adjusted to re-assert our power. This is where Article V comes in…
Article V of the US Constitution concerns making changes to the Constitution. Because the Constitution actually is the design of the US government, changing aspects of the Constitution changes the way government works. Which means Article V is not only powerful, it can be the tool (weapon?) of the populace against an increasingly oppressive government.
Article V, unlike some aspects of the Constitution, is quite unambiguous in its focus and intent. It is the “if it is broke, fix it” clause. It was expressly written in as a government tyranny check.
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.
Here’s the gist:
- If two-thirds of each the Senate and the House of Representatives pass a proposed Constitutional Amendment, that amendment must also be passed by three-fourths of states, either by the legislature or by state conventions (at the Congress’s discretion). This is the only part of this article that has ever been applied.
- If two-thirds of states call for a Constitutional convention, one would be called. Proposed changes to the Constitution that come out of the Convention must be passed by three-fourths of the states.
Nobody has tried part two. Constitutional scholars believe it is partly out of fear – the Constitution’s own ratification violated the rules of the existing US government, the Articles of Confederation. Any constitution that comes out of a convention may rewrite American government as fundamentally as THE Constitution did.
At this point in time, the system is broken. It is time to fix it. I think people of America have enough care and belief in the Constitution that it will not be scrapped, but the people need a legal and strong forum in which to control their government and reign in tyranny. The key is part two – Constitutional Convention.
This blog explores the strengths and weaknesses of the Constitution, its application, and how to improve it.
