Article V Amending the U S Constitution Explained Simply

Описание: To truly honor the right of revolution a mechanism that could alter the fundamental structure of government was needed to provide civil revolution without bloodshed Article V was designed as that mechanism a constitutional alternative to Jefferson's bloody tree of liberty Initially the convention voted that constitutional amendments should be made without involving Congress and drafted language providing that when 2thirds of state legislatures applied Congress would call a convention for proposing amendments The ensuing debate involved Alexander Hamilton and Elbridge Gerry who both wanted Congress involved in the amendment process Hamilton feared leaving proposing amendments to the states alone would result in increased state power and Gerry thought allowing only state-initiated amendments would the subversion of minority interests James Madison often called the Father of the Constitution proposed a compromise to empower Congress to propose amendments either on its own or upon application by 2thirds of state legislatures Ultimately Governor Morris and Elbridge Gerry combined the competing Article V proposals to include alternative systems allowing amendment proposals either by Congress or a convention of states Both methods require supermajorities for proposing and ratifying amendments resulting in a constitution that could be altered but was stable and resistant to hasty or ill-considered change The Article V amendment process balanced all concerns as follows the congress whenever 2thirds of both houses shall deem it necessary shall propose amendments to this constitution or on the application of the legislatures of 2thirds 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 34ths of the several states or by conventions in 34ths thereof as the one or the other mode of ratification may be proposed by the Congress Article V provides 2 distinct methods for proposing amendments to the Constitution The first and only method ever used allows Congress to propose amendments when 2thirds of both the House of Representatives and the Senate deem it necessary The second method which has never been used mandates a constitutional convention be called when 2thirds of state legislatures currently 34 states apply to Congress Congress is then obligated to call a convention for proposing amendments With this method states can bypass Congress as a check on federal power and a means for the people through their state legislatures to exercise their right to alter the government Once an amendment has been proposed through either method Article V provides 2 possible paths for ratification