We the People Are Long Overdue for an Article V Convention of States


by Dr. Thomas E. Davis, Col. USA (Ret), ©2018

(Oct. 16, 2018) — Two hundred thirty-one years and 115 Congresses and despite the framers’ intentions, with the exception of two (2) conscientious Republican Congressmen, the Legislative branch has been and continues to be illegally feckless, delinquent and obstinate. Your misconduct signals the end of Party Politics and your despicable arrogance. That MUS T end NOW!

Word count of Article V is 143—the first 18 words apply to the United States Legislature’s two chambers followed by the conjunction “or” and from there forward, the last 124 words of Article V apply solely to the rights of the several states. The 33rd word is the key operative word. It states and directs that the Congress “SHALL” call a convention for proposing Amendments to the Constitution. Such a convention is NOT to be construed as a “Constitutional” convention as some critics imply and therefore argue against the true purpose of the COS!

Article V is quoted in its entirety in the following 13 lines; the key word is bolded, italicized and in vivid color:

“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.”

In the 231 years since our Constitution was presented to the states for ratification, the legislature has passed 27 Amendments.

“The original Constitution1 of the United States of America was approved on September 17, 1787. It happened in Philadelphia, Pennsylvania, at the Federal Convention. Since then 27 changes, which are usually called “amendments,” have been made to the U.S. Constitution.

“James Madison, the fourth President of the United States, proposed the first ten amendments. They constituted the Bill of Rights. These amendments were ratified in 1791. The other seventeen amendments were put into function subsequently. The last one was endorsed on May 7, 1992. Though there are 27 amendments to the Constitution of the USA, only 26 of them are in function. The point is that the 21st amendment annulled the 18th one.”

Sadly, some so-called expert lawyers have insisted that two-thirds of the states must make applications for a COS based upon the same subject. THAT IS NOT specified nor intended within the framework or wording of Article V. Any argument to the contrary is a deliberate attempt at deception and defeats the objective of Article V which is to allow the citizenry to offer legislation beneficial to the republic, contrary to the effort or lack of effort by the federal legislature.

This was made patently obvious when in 1975, during the 94th Congress, Congressman Jerry Pettis, a Republican from California, introduced Concurrent Resolution No. 28 calling a convention to propose amendments to the Constitution. In H. Con. Res. 28, Pettis proposed that each state would be entitled to send as many delegates to the convention as it had Senators and Representatives in Congress and that such delegates would be selected in the manner designated by the legislature of each state. With Pettis death, his colleague, Representative Norman F. Lent, a Republican from New York, introduced similar legislation, House Concurrent Resolution No. 340, in August 1977, for the consideration of the 95th Congress. Both the Pettis and Lent concurrent resolutions received no further consideration than to be referred to the House Committee on the Judiciary where they died!

Numerous Congresses have failed to take ANY action in response to many hundreds of applications to multiple Congresses to call an Article V Convention of States for the sole purpose of proposing amendments to OUR Constitution.  Congress has become virtually disconnected from those (the People) and that (the Constitution) which they purport to SERVE and to OBEY. Our servants are willful, arrogant, disrespectful, and unresponsive to communications sent them. Is it any wonder that Congressional TERM LIMITS is a subject high on the list of amendments to be proposed in an Article V Convention?

Thanks to conscientious Congressmen such as Pettis and Lent who attempted to do the proper thing in keeping with their Oath of Office and a clear conscience.  Multiple communications from this writer to the Speaker of the House and to the Clerk of the United States House of Representatives never received a single response over a two-year span (2017—2018). We will NOT be deterred! An Article V Convention we WILL have. The State legislatures and hundreds of activist citizens have been and are still determined to force a recalcitrant Congress to obey our Constitution.


P.S. As just ONE of We the 323 Million+ People and a senior one at age 93, I Demand, Order and Insist that the 115th Congress rectify the past.

3 Responses to "We the People Are Long Overdue for an Article V Convention of States"

  1. Robert Laity   Thursday, October 18, 2018 at 12:28 AM

    No it doesn’t. It says a “Convention for ‘proposing’ amendments'”. Insofar as it would be 2/3rds of the “States” or more causing this constitutionally provided “Convention” to be invoked it is a “Convention” of those States. A convention is a large meeting or conference. If it between at least 2/3rds of the States then it is a constitutional “Convention of States”.

  2. Shawn   Wednesday, October 17, 2018 at 2:37 PM

    Article V says nothing about a “convention of states.” That is a deceptive marketing term.

  3. Robert Laity   Wednesday, October 17, 2018 at 12:07 AM

    Two thirds of the several individual State Legislatures must approve a Convention of States before Congress is obligated to “call a convention for proposing amendments…”. Any proposed amendments must be ratified by 3/4ths of the several States.

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