Article V, which allows the states to propose amendments to the Constitution, contains a fatal flaw. It’s why it’s never been used.
The state legislatures of this country have had 229 years to reach Article V’s 2/3 quorum requirement. Many attempts have been made. The efforts which have almost succeeded have been bipartisan. But getting the supermajority for a quorum is too hard, so it’s never happened.
Currently, both Republicans and Democrats want to use Article V to amend the Constitution. The Republicans want a Balanced Budget Amendment. The Democrats want campaign finance reform. The Republicans have stalled out at 28 of the needed 34 states, and will almost certainly be soon rolled back to 26. The Democrats only have five.
If Article V is ever to be used, for any purpose, by anyone, it needs to be fixed. A majority of states should be all that is needed to constitute a quorum, the license to meet and do business. The 2/3 supermajority should only be needed to propose the amendment. It’s exactly the way Congress works.
For Article V to be fixed, it has to be used. But this could actually happen, because fixing Article V should have completely bipartisan support. The state legislators who would vote to fix Article V, would all be voting in their personal self interest. They would be empowering themselves. And once they demonstrate, by fixing Article V, that they do, indeed, have the power to amend the Constitution, they will understand that they, collectively, can fix this country.
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