A Call for the States to do Their Duty!

A Call for the States to do Their Duty! Some opponents to Article V try to perpetuate fear of an Article V Convention by claiming that it could be a run-away convention. However, that fear-mongering is not based on any facts or history. Already, the American states have had 679 (or more) Constitutional Conventions, and none of them were run-away conventions. Recently, Iraq and Afghanistan have had Constitutional Conventions. Many nations have Constitutional Conventions. It should also be pointed out that no amendment to the U.S. Constitution can become law unless ratified by three-fourths of the states. That, by design, is a significant hurdle. Over 10,000 amendments to the U.S. Constitution have been proposed over the past 220 years, but only 27 have been ratified.

Thus, the fear-mongering about a run-away convention is unjustified. It is the Constitutional duty of the legislatures of the several states and any elected representatives therein to use the power given them by Article V of the United States Constitution whenever the Supremacy Clause or any other part of the Constitution is used to infringe upon the rights of the several states and/or the people living in those states. Why else would part two of this Article be there? In United States v. Sprague, 282 U.S. 716 (1931) the Supreme Court stated: 
 “The United States asserts that article 5 is clear in statement and meaning. Contains no ambiguity, and calls for no resort to rules of construction. A mere reading demonstrates this is true. It provides two methods of proposing amendments.

Congress may propose them by a vote of two-thirds of both houses; or, on the application of the legislatures of two-thirds of the States, must call a convention to propose them. Amendments proposed in either way become a part of the Constitution, ‘when ratified by the legislatures of three-fourths of the several States or by Conventions in three-fourths thereof… The Constitution was written to be understood by the voters; its words and phrases were used in their normal and ordinary as distinguished from technical meaning; where the intention is clear there is no room for construction and no excuse for interpolation or addition.” (Emphasis added) 


This is not the only example. In Hawke v. Smith, 253 U.S. 221 (1920) the Court said: 
 “This article makes provision for the proposal of amendments either by two-thirds of both houses of Congress, or on applications of the Legislatures of two-thirds of the states; thus securing deliberation and consideration before any change can be proposed. The proposed change can only become effective by the ratification of the Legislatures of three-fourths of the states, or by conventions in a like number of states. … The language of the article is plain, and admits of no doubt in its interpretation. It is not the function of courts or legislative bodies, national or state, to alter the method which the Constitution has fixed.” (Emphasis added).

Article V does not provide for withdrawal of any application by the states for a convention once submitted nor does it provide Congress any option regarding a call based on those applications. The reason is obvious. If a veto were permitted then Congress would possess complete control of the Constitution (a fear very clearly expressed by George Mason in the convention when the convention proposal was discussed. Mason said: 
“The plan now to be formed will certainly be defective, as the confederation has been found on trial to be. Amendments therefore will be necessary, as it will be better to provide for them, in an easy, regular and constitutional way than to trust to chance and violence. It would be improper to require the consent of the National Legislature, because they may abuse their power, and refuse their consent on that very account. The opportunity for such an abuse, may be the fault of the Constitution calling for amendment.” We The People are hereby demanding a General Article V Convention To Propose Amendments to the United States Constitution in order for us to propose new amendments, clarifications, repeals, and/or changes in existing amendments. The "proposals" would then be sent to the Several States to be ratified by 3/4 of them.

We The People WILL NOT vote to elect anyone that does not pledge to make convening an Article V Convention To Propose Amendments to the United States Constitution their TOP PRIORITY! Signed… We The People Article V - Amendment 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. DO YOUR DUTY!