Sunday, September 10, 2023

Rough Draft of My Proposed Amendment to Article V

 Here is my rough sketch of an amended Art. V, one designed to make it easier for the people at least consider amendments to the Constitution:

1.  Whenever a majority of either House of Congress shall deem it necessary, such House shall propose Amendments to this Constitution, which 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.

2. Whenever the Legislatures of any five of the several States shall deem it necessary, such Legislatures shall propose Amendments to this Constitution, which shall be valid to all Intents and Purposes, when ratified by the Legislatures of three-fourths of the several States.

3. Congress, on the application of the legislatures of two thirds [maybe one half or even one third?] of the several States, shall call a convention for proposing amendments, which 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.

4. Anything to the contrary herein notwithstanding, no state, without its consent, shall be deprived of its equal suffrage in the Senate.

 

What are your thoughts? 

Under the current system, how likely is it that both the House and the Senate would vote to propose an amendment limiting the power of Congress or of the national government? Is there any chance that a Balanced Budget Amendment or a Term Limits Amendment would ever be proposed by the House and the Senate?

How would you draft Article V?

Let's discuss this in class.

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