SHOULD THE STATES DEMAND A CONSTITUTIONAL CONVENTION?
by Montgomery Blair Sibley, ©2014, blogging at Amo Probos
(Oct. 23, 2014) — Some observations on the nuances of Article V are in order. First, the plain language of Article V is clear and decisive: Congress shall call a “Convention for proposing Amendments,” not a convention for proposing an amendment. It is therefore clear than an Article V convention has the power to consider various issues and the right to submit various amendments to the states for consideration and, if warranted, ratification. In addition, the language in Article V does not authorize the states to apply for an amendment; rather they are only authorized to apply for a convention for proposing amendments.
“‘[t]o provide for amendments to be ratified by three-fourths of the States, under two exceptions only.’ That useful alterations will be suggested by experience, could not but be foreseen. It was requisite therefore that a mode for introducing them should be provided. The mode preferred by the Convention seems to be stamped with ever mark of propriety. It guards equally against that extreme facility which would render the Constitution too mutable; and that extreme difficulty which might perpetuate its discovered faults. It moreover equally enables the general and the state governments to originate the amendment of errors as they may be pointed out by the experience on one side or on the other.”
Sharon Rondeau has operated The Post & Email since April 2010, focusing on the Obama birth certificate investigation and other government corruption news. She has reported prolifically on constitutional violations within Tennessee’s prison and judicial systems.