Congress Must Call for an Article V Convention or Violate the Constitution

[Keith Broaders]

"Declaration of Independence"

That whenever any form of government becomes destructive to these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness. Prudence, indeed, will dictate that governments long established should not be changed for light and transient causes; and accordingly all experience hath shown that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same object evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government, and to provide new guards for their future security. --Such has been the patient sufferance of these colonies; and such is now the necessity which constrains them to alter their former systems of government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute tyranny over these states. To prove this, let facts be submitted to a candid world.

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Article V of the Constitution was the method the Founding Fathers chose to provide the people with a method of altering their form of government without the necessity of a revolution. They proposed Plan A, which allowed Congress to propose Amendments when 2/3 of their number wanted an amendment and they offered Plan B so that the states could propose amendments. In either case 2/3 of Congress or 2/3 of the states were required to propose Amendments and 3/4 of the states were required for ratification.

Every Constitutional Amendment so far has been proposed by Congress and ratified by 3/4 of the states. The Founders knew that it was likely that at some time in the future, Congress would be unresponsive to the will of the people and that Plan B would become necessary.

There are 50 states and 34 of the states would need to submit a request to Congress to call for a Convention. Under Article V, it states that when 2/3 of the states have requested a Convention Congess must call for it. This is not a suggestion, it is the law!

Whether you or I think that it is a good or a bad idea is not the issue. The issue is shall Congress have the authority to pick and choose which portions of the Constitution they will obey and which Articles and Sections than can ignore.

Once 34 states have submitted the request, Congress has no choice, but to call for the Convention, to do otherwise would required them to violate their oath to preserve, protect and defend the Constitution.

At this time there has been over 700 requests by the state legislatures for an Article V Convention filed by 49 states. Clearly the states have done their job and now it is time for Congress to do theirs.

If Congess fullfilled their Constitutional obligation to call for a Convention and no one Amendment were proposed or ratified, at least their would be open forum where the voice of the people would be heard.

http://foa5c.org/file.php/1/Articles/AmendmentsTables.htm