by Stacey Selleck
The Constitution assures each American’s fundamental, inalienable rights are protected. They are sacrosanct and must not modified. I believe that firmly. That being said, as a proponent for the merits of the Constitution, the Constitution itself states that there is a process by which it may be modified. The framers, in their infinite wisdom, armed with the knowledge of hundreds of years of world history, felt it necessary to include Article V.
Simply stated, it is one paragraph in the Constitution that permits the U.S. Congress itself to propose amendments OR a convention to propose amendments may be called upon by application of 2/3 of the Legislatures of the States. The Founding Fathers knew full well the potential for impasses of a governing body. They anticipated there would be a time when the best interest of the people and the best interest of the federal legislators would collide. They had the forethought to know that Congress would fail to act on behalf of its constituents. Rather than using violence as a means to resolve conflict, they gave the American people a gift to circumvent inaction. That gift, Article V, is our ability to have state legislatures peacefully force the hand of Congress when they are remiss in obliging to the best interest of the country.
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. ~ Article V of the U.S. Constitution
The concept of an Article V Convention is not new. To date, there have been 376 applications to Congress initiated by every single state in the country, with the exception of Hawaii (since it only became a state in 1959). Some states have applied as many as 18 times. Topics include everything from balancing the budget, limiting income taxes, and implementing a proportional electoral college. Since ratification of the Constitution, not one convention of states has ever been called. So you see, the bar to modify the Constitution is set rather high.
Article V has resulted in 33 Amendments initiated by Congress of which 27 were ratified. Of course, alcohol prohibition was a disaster but it was remedied with the adoption of another amendment to repeal it. If we trust the Congress (with an approval rating hovering around 11%) with Article V, why can’t we trust our state legislators? At least they are a level closer to the people they serve.
While our federal legislators are elected representatives, they are less accessible. They become manipulated by party leadership, lobbyists, and a lust for control. Their loyalty to their electorate gets tainted. The longer they are in power, the more beholden they are to the special interests that control them.
This is why term limits is critical. We know full well that Congress will not implement limitations on themselves. Therefore, we have to consider taking the matter to our state legislatures. We must embrace Article V as a powerful tool of the People to hold Congress accountable.
If you love the Constitution, as I do, you will permit yourself to see the beauty in its own ability to change for the better. You will trust in the process and the wisdom of the Constitution itself. You will understand that ours is a government of the People, by the People, and for the People. And understand that 3 out of 4 of our People believe strongly that, not only does our President deserve a limited time in office, but so does our Congress.
Let’s understand the tools we have at our disposal and use them appropriately to make our country better and stronger. Let us embrace Article V and use it for good. After all, it empowers the people of the states with a peaceful means of conflict resolution.