Mary Bullard: Kudos to the Founding Fathers for Article V

Many years have passed since my high school civics class. Recent reports of on-going state conventions to amend the Constitution motivated me to refresh my memory on how amendments are added.

There have been 27 amendments to the Constitution, beginning with the Bill of Rights. The options for adding amendments are detailed in Article V.

1. Two-thirds of both houses of Congress propose an amendment. Then, state legislatures in three-fourths of the states approve the amendment. All but one of the 27 amendments were ratified this way.

2. Two-thirds of both houses of Congress propose an amendment. Then, three-fourths of the states approve the amendment at ratifying conventions. Only the 21st Amendment repealing Prohibition was ratified this way.

The next two options involve methods by which states can propose amendments. They require an amendment proposal by two-thirds of the state legislatures and then ratification of three-fourths of the state legislatures or conventions. Some supporters of this method claim that it can restore the power of the people over their government and limit the federal government's scope and jurisdiction. Others voice concern about the Convention of States option. Article V places no boundaries on the topics that may be discussed or how the delegates would be selected. Others fear that “dark money” is the driving force and that proposed changes could alter the federal government and put civil rights and needed programs, including Social Security, Medicare and Medicaid, at risk.

In just the past five years, the Convention of States resolution has passed in 15 states: Georgia, Alaska, Florida, Alabama, Tennessee, Indiana, Oklahoma, Louisiana, Arizona, North Dakota, Texas, Missouri, Arkansas, Utah and Mississippi.

This concern was not lost on the Founders. James Madison, regarded as “the father of the Constitution,” believed that a state convention was not the “most convenient or probable channel” for achieving desired change. When asked his opinion on a convention of states movement in 1788, he said: “…it would naturally consider itself as having a greater latitude than the Congress appointed to administer and support as well as to amend the system; it would consequently give greater agitation to the public mind; an election into it would be courted by the most violent partizans (sic) on both sides; it (would) probably consist of the most heterogeneous characters; would be the very focus of that flame which has already too much heated men of all parties; would no doubt contain individuals of insidious views, who under the mask of seeking alterations popular in some parts but inadmissible in other parts of the Union might have a dangerous opportunity of sapping the very foundations of the fabric. Under all these circumstances it seems scarcely to be presumable that the deliberations of the body could be conducted in harmony or terminate in the general good."

Although several times state-driven amendment proposals have come close to passing, each has fallen short of the necessary number for approval. There are legitimate concerns about Article V, but should there be any panic? The Founding Fathers in their wisdom required lengthy discussion, multiple meetings and a high bar for consensus before any amendment can be added. Keeping informed as to what issues are currently being discussed in states that are forming or advocating state conventions is important. Likewise choosing reliable information sources presents clearer understanding of the issues and the ideology of convention advocates. Finally, our legislators should be informed of our important concerns and encouraged to make changes through legislation.

Our Constitution was written to withstand the many challenges our nation has faced. I think James Madison would be proud that though we still have “partizans on both sides,” we have kept “the foundations of the fabric.”

Mary Bullard is a retired teacher and member of Stronger Together Huddle, a group engaged in supporting and promoting the common good. She resides in Lambertville and can be reached at mcneil102@icloud.com.

This article originally appeared on The Monroe News: Mary Bullard: Kudos to the Founding Fathers for Article V