Article V is the LEGAL AUTHORITY (remember the Rule of Law?) by which our Constitution may be amended, a word of very specific meaning. It is NOT a Legal Authorization for a Constitutional Convention where the Articles of the entire document could be scrapped and totally rewritten, but it does provide alternative methods, one of which is a Convention of States, considered here. And, in considering the nature and effect of any amendments flowing therefrom, they MUST be rejected if they fail to maintain, heighten or greatly enforce the inalienable rights of man. THE APPLICATION (a petition to Congress) - A decision to Petition Congress via an Application for the Call of a Convention of the States ONLY for the purpose of considering amendments is exclusively the Prerogative of at least 33 States (34 if you count the District of Columbia, which I do not as it is not a “State” as defined in our Constitution). This Article V power is an enumerated RIGHT of each State. Upon prior consultation and negotiation between the several States concerning their agreement as to the amendment(s) necessary to be considered, the number of delegates, and instructions to be given their delegate(s) as to the use of the acceptable rules governing the proceedings of their delegates, each State, by an act of its Legislature, shall issue, individually or collectively, a Petition to Congress which may set forth some or all of those agreements, but, in any event, shall state, with particular specificity, that their mutual Petitioning is for the sole and exclusive purpose of considering amending the Constitution of the United States pursuant to the authority recognized in Article 5. There is no, NO, requirement that Congress be informed of any particular amendment proposed to be considered.
Posted on: Sat, 20 Dec 2014 16:21:50 +0000
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