47 Pages Posted: 6 Jun 2013 Last revised: 2 Jun 2016
Date Written: June 5, 2013
Despite the growing press of constitutional issues and persistent interest across the political spectrum in constitutional reform, half of Article V providing for initiation of amendments through a state-called convention is inoperative. In addition, its provision for initiation of amendments by Congress has proven unproductive for over 40 years. A novel comprehensive reform of Article V is proposed to facilitate initiation of amendments by the states, popular participation in the amendment process, and the use of that process to address pressing national constitutional issues. This reform can also end the federal Congress’ and judiciary’s current de facto monopolies on determining the meaning of our foundational document.
Keywords: Constitution, amendment, constitutional amendment, constitutional amendment process, proposed constitutional amendments, Article V, Article 5, Article Five, convention, constitutional convention, Citizens United, Balanced Budget Amendment, Madison, Mason
Suggested Citation: Suggested Citation
Lucas, James W., To Originate the Amendment of Errors: Reforming Article V to Facilitate State and Popular Engagement in Constitutional Amendment (June 5, 2013). Available at SSRN: https://ssrn.com/abstract=2275124 or http://dx.doi.org/10.2139/ssrn.2275124