Is Article V in Our Future?

Is Article V in Our Future?

by Phyllis Schlafly, August 28, 2013

Attacks on the U.S. Constitution are coming from all sides. The New York Times opened its op-ed page to several liberal professors of government: one calls our Constitution “imbecilic,” another claims it contains “archaic” and “evil provisions,” and a third urges us to “rewrite the Second Amendment.”

Out of exasperation with the flouting of the Constitution by Barack Obama and his acolytes, and the way Congress is letting them get by with these violations, several conservative authors and pundits are promoting the calling of a national convention to propose amendments to the Constitution. They believe a series of amendments can put our country on a wiser path.

The authority for such a procedure is Article V of our Constitution, so they are calling their plan of action an Article V convention. However, they are fooling themselves when they suggest that Article V creates a path to bypass Congress with a “convention of states.”

The only power the states have under Article V is the opportunity to submit an “application” (petition) humbly beseeching Congress to call a convention. Hundreds of such applications have been submitted over the years, with widely different purposes and wording, many applications were later rescinded, and some purport to make the application valid for only a particular amendment such as a federal balanced budget or congressional term limits.

Article V states that Congress “shall” call a convention on the application of two-thirds of state legislatures (34), but how will Congress count valid applications? We don’t know, and so far Congress has ignored them anyway.

If Congress ever decides to act, Article V gives Congress exclusive power to issue the “Call” for a convention to propose “amendments” (note the plural). The Call is the governing document which determines all the basic rules such as where and when a convention will be held, who is eligible to be a delegate (will current office-holders be eligible?), how delegates will be apportioned, how expenses will be paid, and who will be the chairman.

Article V also gives Congress the power to determine whether the three-fourths of the states required for ratification of amendments can ratify by the state legislature’s action or by state conventions.

The most important question to which there is no answer is how will convention delegates be apportioned? Will each state have one vote (no matter how many delegates it sends), which was the rule in the 1787 Philadelphia convention, or will the convention be apportioned according to population (like Congress or the Electoral College)?

Nothing in Article V gives the states any power to make this fundamental decision. If apportionment is by population, the big states will control the outcome.

Article V doesn’t give any power to the states to propose constitutional amendments, or to decide which amendments will be considered by the convention. Article V doesn’t give any power to the courts to correct what does or does not happen.

Now imagine Democratic and Republican conventions meeting in the same hall and trying to agree on constitutional changes. Imagine the gridlock in drafting a constitutional plank by caucuses led by Sarah Palin and Al Sharpton.

Everything else about how an Article V Convention would function, including its agenda, is anybody’s guess. Advocates of an Article V convention can hope and predict, but they cannot assure us that any of their plans will come true.

If we follow the model of the 1787 Convention, will the deliberations be secret? Are you kidding? Nothing is secret any more. What are the plans to deal with protesters: the gun-control lobby, the gay lobby, the abortion lobby, the green lobby, plus experienced protestors trained by Obama’s Organizing for Action, at what would surely be the biggest media event of the year, if not of the century.

There is no proof that the VIPs promoting an Article V convention have any first-hand knowledge of the politics or procedures of a contested national convention. Don’t they realize that the convention will set its own agenda and that states will have no sayso over which amendments are considered?

A recent example of how a convention chairman wielding the gavel can manipulate what happens is the way the 2012 Democratic National Convention chairman ruthlessly called the vote wrong when a delegate tried to add a reference to God in the party platform. The chairman got by with declaring the amendment passed even though we all saw on television that the “Noes” won the vote.

The whole process is a prescription for political chaos, controversy and confrontation. Alas, I don’t see any George Washingtons, James Madisons, Ben Franklins or Alexander Hamiltons around today who could do as good a job as the Founding Fathers, and I’m worried about the men who think they can.

Further Reading: Con Con/Article V

1 comment for “Is Article V in Our Future?

  1. David Shreeve
    December 8, 2013 at 12:00 am

    I hope article V is NOT in our future. I don’t trust any of the people who are presently calling for the convention, and that includes Mark Levin. I’m sorry but there is just too much showmanship tied to his bluster to make me feel comfortable with any form of integrity in his calls and reasons for having the convention. I would, in my opinion, be nothing short of naive to believe that the convention couldn’t be hijacked and used to finally destroy what is left of our constitution.

    Bad enough that our youth, and I’m talking anyone younger than about 40, have been taught that the constitution is just a bad idea that is so old and archaic that it could never be applied in today’s world. But add to that the malice of self-serving politicians and showmen whose only desire is to fulfill their individual narcissistic needs and you have a recipe for disaster that will not benefit mankind in any beneficial way. I, as a middle class American, am sick and tired of the elitism being displayed by the left and the right. All of that elitism is rooted in the seven deadly sins. John Adams was right when he said, “Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.” And we have, sadly, become a country of sinners and unbelievers, secularists and atheists who have no sense of personal responsibility or desire to be moral. Who hold the mere mention of God in contempt because if there really is a God he would hold them accountable for their deeds and acts and they can’t stand the idea that they could be wrong or that they should be accountable to anyone but themselves. Life becomes easy that way. You don’t have to feel sorry for anything, or even feel the remotest need to repent. If there is no God.

    Sadly, we also have very few truly Christian organizations that actually preach the bible and Christianity. Most of them have something more than just creeping secularism, far too many are just purely secularist and make the claim of being Christian without any proof what-so-ever that they are. In fact, one only need listen to one Sunday sermon to realize there is no spirit there, only words meant to make the congregation feel absolved of any wrong they may have committed the previous week because their pastors no longer call them to repent much less remind them of the possibility that they are sinful. All sermons are feel good stuff about God being a fair and graceful God, which is true, but when God is rebuffed and ignored he also promises wrath and punishment.

    I’ll climb of my soapbox by saying; I trust no man or woman in office today, or in many of the positions of esteem like party leaders and such. All of them have been co-opted either by others or by their own avarice so no, calling a constitutional convention now should not happen. There are no good men in positions of power to work good for the people of this country.

    There are no statesmen anymore, only politicians.

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