Article V:
Amending the Constitution
Summary
This Constitution may be amended whenever two-thirds of both houses deem it necessary. It may also be amended when two-thirds of States call for a convention. Proposed amendments must be ratified by three-fourths of the States within seven years. Should the Congress fail to call for a convention when two-thirds of the States call for one, the States themselves may call for a convention and determine the time and place of meeting. No State shall be deprived of equal representation in the Senate.
Section V.1.
Procedures for Amending the Constitution
V.1.1. Legislative Initiative
The [Legislature], 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 State, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of the constitution, when ratified by the legislatures of three-fourths of the several State, or by conventions in three-fourths thereof, as the one or the other mode of ratification may be proposed by the [Legislature]. (U.S.C. V.)
- This clause enables the people to make changes to the constitution without having to riot or revolt.
- Although amending the Constituion is possible, the procedure requires a high level of support among State legislatures or convention before it can be done. This procedure prevents amending it for temporary fads or passions, or for specious or clandestine purposes.
V.1.2. State Initiative
[If the Legislature fails to call a convention to amend the Constitution when two-thirds of the Legislatures of the State apply for it, the State shall call a Convention and determine the date, time and place of meeting].
- This provision is needed to require a Convention if two-thirds of the Legislatures of the State apply for it, when the Legislature fails to.
- At the present time, this procedure may be a distant hope. States have come to rely heavily upon Federal largess, both for social programs (including Food Stamps, Medicaid, Older Americans Act program, aid in support of education) and for federally funded contracts for roads, weaponry, agriculture and so on. State legislatures are staffed by senators and representatives who have been candidates of the two major political parties, the same parties that nominate candidates for the national government. Add to this, a national news media broadcasting similar messages supporting the same causes.
- Although faint, this provision does offer hope for a people needing an improvement in the Constitution to protect them from a Legislature controlled by a self-serving political faction, or a clever, wealthy and highly influential and powerful elite.
V.1.3. Time Limit for Proposals
[Proposed amendments shall be ratified by three-fourths of the State within seven years or become null and void].
- This specifies the time frame within which proposed amendments must be ratified. Seven years is enough for due consideration. Too long a period would work corruption. A bad provision could be pushed upon one State after another over many years, even if some thought better of it and would like to reconsider.
Section V.2.
Equal Representation in the Senate
V.2.1. No States, shall be deprived of its equal suffrage in the Senate (U.S.C. 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 the Constitution, when ratified by the Legislatures of three-fourths of the several States. (U.S.C. V.) [If the Congress fails to call a convention to amend the Constitution when two-thirds of the Legislatures of the States apply for it, the States shall call a Convention and determine the date, time and place of meeting].
- This clause protects smaller States from the possibility that larger ones would pass an amendment excluding them from their representation in the Senate.
- State appointment of Senators must remain inviolate to protect their autonomy and the federalist system.
- If large States desire more Senatorial representation, they can be subdivided into several smaller States.