How the Article V Process Works

Step One: Each state legislature applies to Congress for a convention; the single most important step in the process. Maximum, focused participation at the state district level is necessary for success.

Challenges:

1. Weak, sporadic, inconsistent, conflicting public support.
2. Legislators blatantly unresponsive to the people.

Step Two: Upon the application of 34 state legislatures, a convention SHALL be called by Congress.

This is the point where Congress will first try to thwart the process. It should be as simple as Congress deciding the location and time of the convention. Funding the convention should be addressed. Maximum lobbying of members of Congress needed.

Challenges:

1. Congress may move to enact legislation to address driving issue.
2. Congress may propose its own amendments to the states to thwart demands for a convention.
3. Congress may enact legislation governing elements of the convention.
4. Congress may unconstitutionally decide applications do not agree on subject, or may decide that they aren’t contemporaneous (spread too far apart in time).
5. Congress may develop some other, unpredictable mechanism to thwart the convention (such as refusing funds).
6. Allies of Congress, pundits who thrive off of the broken political system, political parties, party cheerleaders, may make court challenges.

Step Three: The convention delegates are selected.

Delegates should be nominated and elected by the people. Focus toward non-partisan or most bi-partisan candidates as possible. States are to decide on means to limit delegates to reason convention was called, such as a commission or oath.

Challenges:

1. The Fourteenth Amendment (equal protection clause) could play a role in limiting state power in the convention process.
2. The two major parties should be sufficiently represented, but not to the extent of dominating the convention. The two parties will do all they can to dominate the process. If they succeed the result will be a mirror image of Congress.

Step Four: The Convention will be held.

Insulation from outside influences would be best. Convention progress should be reported by CPAN type coverage.

Challenges:

1. Issues of delegate self-aggrandizement could arise.
2. Convention inertia may ensue.
3. Attempts at Ultra vires (amendment proposals outside of the convention applications)

Step Five: Convention reports proposed amendments to Congress which then forwards proposed amendments on to the states. Constitutionally, Congress has only one decision to make; whether the states decide ratification by legislatures or by conventions. The people should insist on conventions of the people to decide.

Challenges:

1. Congress may unconstitutionally try to determine that proposed amendments are outside the intended scope of the convention applications and not forward them on to the states.
2. Congress may stall the process or develop some unknown means to block proposals.

Step Six: Thirty-eight state legislatures or conventions must approve proposed amendments.

The final and most difficult step in the entire process. Will require intense focus on state legislators or convention delegates. Delegates should be elected as the national convention delegates were elected.

Challenges:

1. It only takes 13 states to block ratification of an amendment.
2. Some states may rescind their ratification…can they?

Step Seven: Ratified amendments become part of the Constitution.

Amendments should immediately become law upon ratification.

Challenges:

1. Congress or its allies through the courts may make an effort to find a ratified amendment “unconstitutional.”
2. Constant effort made to alter/weaken the meaning of the amendments.