Inside Look: Article V Convention

June 13, 2014. This last winter, several members of the South Dakota legislature gathered with counterparts from a majority of the states to come together and start discussions on amending the US Constitution.

Many came together because of a myriad of problems coming out of Washington. Some came because of the intrusion of the Federal Government into our lives and businesses. Some sought a renewed look at federal term limits and campaign finance reform. I attended because I would like to see an amendment to the constitution for a balanced budget.

Traditionally, the constitution has been amended from the top down. The constitution provides that an amendment may be proposed by the Congress with a two-thirds majority vote in both the House of Representatives and the Senate, and subsequently ratified by a majority of the states.

But there’s also a road far less traveled that’s available. The constitution also provides in Article V, that it may be amended by a convention called for by two-thirds of the State legislatures. If 34 states pass a resolution calling for a convention, Congress must concur and allow the states to convene for the purpose of drafting an amendment to the Constitution.

None of the 27 amendments to the Constitution have been proposed by an Article V convention.

The ‘bottom up’ movement has been around for a long time. By some counts, over 700 resolutions calling for an Article V Convention have been passed by state legislatures throughout United States history. A great deal of research can be found at the Article V Library online.

The more recent interest in the Article V Convention arises from a book by Mark Levin. His book, The Liberty Amendments, is a major inspiration for this recent call to action by the states for the Assembly. Levin pointed out that Article V of the Constitution provides the path to amending the Constitution in which, from the State level, two thirds of all the State Legislatures ask Congress to call a Convention for proposing Amendments.

With a Congress either unwilling or unable to act to reform a federal bureaucracy run amok, it is incumbent upon states to compel the federal government to act. And if they can’t handle it, then maybe the states should. Recognizing that self-restraint is not recognized as a virtue in Washington DC, many legislators at the state level have decided to heed Levin’s call to action, and to start steps to blaze a trail on the path less traveled.

The meeting taking place this week was to put the structure and rules of a convention together, and to create a process that all the states, likely through legislative resolution, will be adopting. We anticipate we will successfully lay out a process to officially adopt your delegates, and to run the convention. The structure will be agreed upon, as well as the topics that will be set forth for an eventual vote.

Legislators broke up into three committees (Judiciary, Rules and Procedures, and Planning, Communications, & Finances) to lay the groundwork for the future convention of states. The stated purpose of the Assembly of State Legislatures (formerly the Mount Vernon Assembly) is to alleviate any fears of a runaway convention, lay the logistical groundwork, and promote the Article V movement.

Fears have been raised in the past regarding the convening of a convention of this nature, but with an agreed-upon process, we anticipate the proposals will be few, and when the Article V gathering is held, it will be conducted in an orderly manner.

Just by the nature of the manner in which Amendments will be proposed, it’s a historic exercise of government and democracy not seen since the constitution was originally written.

Who would have contemplated back in 1789 when our Constitution was written that it would take 228 years for states to exercise the voice our forefathers thought to grant them in our Nation’s affairs?

It’s funny. Recently I was reading how a campaign manager for a congressional candidate in my state was positing that “having the world’s oldest written constitution is not something to be proud of.” Seeing that our founding fathers had the insight and wisdom to include this ‘bottom up’ path to amending the highest law in the land, I think the complete opposite.

Sometimes even ‘the world’s oldest written constitution’ can surprise us with its responsiveness and applicability to the needs of today. And we should take it as a positive sign that as old as it is, our government still works.

For more information regarding South Dakota law contact the Goosmann Law Firm at info@goosmannlaw.com or call 712-226-4000.