Below is the draft of model legislation for which I will be seeking sponsors in state legislatures. Article V must be fixed before it can be used as it was intended. The state legislatures have it within their power to fix it. I would argue they have a responsibility to do so. It’s self help, a self-empowerment that must be ratified by 3/4 of the States to take effect.
If we do get to 34 with this idea, I hope Congress calls for ratification by state conventions, rather than by state legislatures. I want the people to vote for this, and educate themselves about Article V in the process.
The 2019 sessions of state legislatures are a little less than eight months away. Plenty of time to find sponsors.
As the President likes to say, “Well see.”
A (JOINT ‐ CONCURRENT) RESOLUTION, Making a formal application to Congress to call a convention for the sole purpose of proposing for ratification an amendment to Article V of the Constitution which gives the States equal rights with Congress with respect to proposing amendments to the Constitution.
Application under Article V of the U.S. Constitution for an Amendment of Article V Convention
WHEREAS, Article V of the Constitution of the United States mandates that upon the “Application of the Legislatures of two thirds of the several States” Congress shall “call a Convention for proposing Amendments”; and
WHEREAS, it was the intention of the Framers of the Constitution of the United States to provide the States equal authority to propose amendments to the Constitution as that of Congress, and
WHEREAS, the structure of Article V of the Constitution has made it impractical for the States to meet in convention to do such, thus preventing the sovereign States from exercising their role to correct the errors in the Constitution and to restrain the Federal government when necessary,
WHEREAS, as evidence of the foregoing, since the Constitution was ratified Congress has proposed 33 amendments to the Constitution, while the States have proposed none; and
WHEREAS, the legislature deems an amendment to Article V of the United States Constitution giving the States equal power with Congress to propose amendments is necessary for the good of the American people.
Therefore be it resolved by the legislature of the State of ___________:
The legislature of the State of _____________ hereby applies to Congress, under the provisions of Article V of the Constitution of the United States, for the calling of a Convention of the States limited to proposing an amendment to the Constitution of the United States which will require Congress to call a Convention for proposing amendments on the application of a majority of the several States, and that two-thirds of the several States in Convention shall be required to propose an amendment for ratification.
Section 2. The Secretary of State (or the proper officer for your state) is hereby directed to transmit copies of this application to the President and Secretary of the Senate and to the Speaker and Clerk of the House of Representatives of the Congress, and copies to the members of the said Senate and House of Representatives from this State; also to transmit copies hereof to the presiding officers of each of the legislative houses in the several States, requesting their cooperation.
Section 3. This application constitutes a continuing application in accordance with Article V of the Constitution of the United States until the legislatures of at least two‐ thirds of the several states have made applications on the same subject. It supersedes all previous applications by this legislature on the same subject.