To Originate the Amendment of Errors: Reforming Article V to Facilitate State and Popular Engagement in Constitutional Amendment

Abstract

Despite the growing press of constitutional disputes and persistent interest across the political spectrum in constitutional reform, Article V’s provision for initiation of amendments by Congress has been unproductive for almost 50 years, and its provision for initiation of amendments through a state-called convention is effectively inoperative. The article explores the modern failure of Article V, and proposes a novel comprehensive reform of Article V to facilitate direct 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, Article V, Article 5, Article Five, convention, Citizens United, Balanced Budget Amendment