ARTICLE V, What is it?
Can we believe, or reject what we do not understand?
ARTICLE V
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.
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“Amendments to this Constitution.” A proper understanding must be centered on an understanding of the word amendment.
a·mend·ment | əˈmen(d)mənt |
noun
a minor change or addition designed to improve a text, piece of legislation, etc.: an amendment to existing bail laws.
• (Amendment) an article added to the US Constitution: the First Amendment.
something which is added to soil in order to improve its texture or fertility: you can add some soil-texturizing amendments to improve soil drainage.
“a minor change or addition designed to improve a text, piece of legislation, etc.”
We should first note that an amendment is not a major re-do or overhaul. It is not a replacement, rather it is meant to slightly modify, and improve the text, or piece of legislation, (or even the Constitution itself.)
An “Amendment,” is the product of the act of amending, clarifying, or improving. The word’s root is, “amend.” Amendment literally means, “to amend,” or, the result of amending.
The question might arise, why would we need to amend the US Constitution, and whose idea was it to provide the method of amending it?
The answer to the second question is obvious in that the fifth provision of our Constitution is Article 5, providing the constitutional method of amending the Constitution.
There are several other ways to amend or change our Constitution, and we are affected almost daily by some of them. They are not legitimate, legal, or constitutional.
Judges rule contrary to the principles and text of the Constitution, ruling that they have something to add, or some pertinent correction.
Executives issue, “executive orders,” in violation of constitutional provisions.
Executive branch bureaucrats construct dictates, regulations, and requirements contrary to constitutional provisions.
None of these “laws” are constitutional amendments, yet they are added to daily, unabated, and without any constitutional authority.
As we have read above, our Constitution’s framers foresaw a need to adjust requirements and refine the text of our Constitution. Article V is the manifestation and masterful provision of that need.
“..or, on the Application of the Legislatures of two-thirds of the several States, shall call a Convention for proposing Amendments..”
This provision was added to Article V in the last two days of the Constitutional Convention of 1787, by unanimous agreement.
The delegates recognized that if the will of the people was to prevail, they would need a mechanism to assert that will over the protest of Congress, the President, and the judiciary. Article V was written to accomplish this goal, and the only way for the American people to realize its benefit is to use it. The most recent major attempt to assert this provision led to the 17th Amendment. Congress recognized the will of the people and acted in response. A convention of states did not occur, but the threat prompted action in Congress.
Whether you agree that the 17th Amendment was wisely created, or not, the use of the convention of states process should be recognized.
For more information, or to become engaged, please visit COS Action, and sign the petition.
God bless you, Dave
“Duty is ours, results are God’s” John Quincy Adams