How, many people ask, are we to pass an amendment that would limit the terms of U.S. Congressmen, if it is those U.S. Congressmen who must vote in favor of that amendment in order for it to be sent to the states for ratification? The framers of our U.S. Constitution were incredibly insightful people who predicted the possibility that changes to our Constitution might be opposed by those serving in Congress despite the desire for that change by a majority of the United States citizenry. In envisioning such a roadblock to the will of the people, those practical visionaries made it possible to bypass a vote by Congress so as to present a vote for ratification by the states of just such an amendment. This process was outlined in Article V of the original, unamended Constitution.
Text of Article V of the United States Constitution:
The Congress, whenever two thirds of both
houses shall deem it necessary, shall propose amendments to this
Constitution, or, on the application of the legislatures of two thirds
of the several states, shall call a convention for proposing amendments,
which, in either case, shall be valid to all intents and purposes, as
part of this Constitution, when ratified by the legislatures of three
fourths of the several states, or by conventions in three fourths
thereof, as the one or the other mode of ratification may be proposed by
the Congress; provided that no amendment which may be made prior to the
year one thousand eight hundred and eight shall in any manner affect
the first and fourth clauses in the ninth section of the first article;
and that no state, without its consent, shall be deprived of its equal
suffrage in the Senate.
This section of the U.S. Constitution clearly outlines that should two thirds of the legislatures of the states which are part of the Union at the time of proposal apply for a constitutional convention, that Congress MUST call such a constitutional convention. At the time of this writing, it would require an application by thirty four of the fifty states.
Once the convention has been called and convened, representatives from all fifty of the states would gather at said convention to discuss the terms of the amendment, it's language and any limitations or additions to be placed within the proposed amendment. When agreement has been reached on the language and scope of the proposed amendment it would then need to be ratified by the states in order for it to become a legal amendment to the U.S. Constitution.
The language of Article V indicates that Congress then has the right to decide between two choices under which that ratification may be achieved. The first would be ratification by three fourths of the representatives of the constitutional convention, the other would require that the proposed amendment be sent to the legislatures of all of the states for ratification. In the first, the delegates from each state at the convention would represent each state and in the second, the state legislatures themselves would vote for or against ratification. In either case, thirty eight votes in favor, either by the representatives of the state at the convention or by the state legislatures, would be required for the U.S. Constitution to be passed at the time of this writing.
There is much controversy over Article V's means of amending the constitution, mostly due to the fact that no amendments have been made to the U.S. Constitution by such means and that no federal constitutional convention has been convened since 1787 in Philadelphia and which was called by the Congress of the Confederation. The U.S.Constitution itself was ratified in 1788 by the Continental Congress and came into force in 1789 and as such, no constitutional convention has been held since the time that the U.S. Constitution became the ultimate federal law in the United States. The Constitution itself makes clear that amendments may be enacted via a constitutional convention, however the particulars of how such a convention would be implemented and the scope and reach of such a constitutional convention have been hotly debated throughout our nations history.
Ultimately, for our purposes in amending the U.S. Constitution in order to limit the time served by any one person within the Congress of the United States, it is the knowledge that bypassing congress to amend the Constitution is the most vital part of our movement. Despite recent polls that indicate that somewhere between 70% and 85% of the American public are in favor of limiting the terms of congress, very few of those in favor believe it will ever be implemented because of the belief that it would take congressional votes to limit the power of those same congressmen who would be voting on such limitations.
Our first and foremost task at the Responsible Representation Committee is to educate the public concerning Article V constitutional conventions and to bring awareness to the people that it is within their reach to limit the power of an out of control government. It is only by spreading the word of this issue that bringing power back into the hands of the citizens can be achieved. Visit our website at www.rrcpac.org to learn more and to support the cause. Every donation to the RRC PAC goes toward the cause of returning power to the citizens of the United States and away from the hands of congressmen who are unduly influenced by lobbyists and special interests. Do your part, spread the word and make a contribution today!
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