Congress is unlikely to propose the desired new amendment,
however. All of the existing
constitutional amendments were proposed by Congress. But many worthwhile ones have never been
proposed and sent to the states for ratification. There is an
alternative. Article V
provides a convention route for proposing amendments. Interest in amendments has triggered
over 700 applications from state legislatures to Congress for a convention of
state delegates that could propose constitutional amendments. However an amendment is proposed, it
still must be ratified by three fourths of the states and the constitutional
limitations on Congress limiting it to propose amendments to our present
constitution equally apply to a convention.
Senator Feingold and his
amendment supporters from both parties, including Senators John McCain and
Richard J. Durbin, Representatives James Sensenbrenner and David Dreier, and
House Judiciary Committee Chairman John Conyers, Jr., know how difficult it has
been for Congress to have the courage to propose amendments that could provide
needed government reforms despite wide public support, such as a balanced budget
amendment and one replacing the Electoral College with direct voting for the
president.
Sadly, few Americans know that
Congress has stubbornly refused to obey Article V and honor the fact that the
one and only stated requirement to have a convention, namely that two-thirds of
state legislatures apply for one, has long been satisfied by a huge margin with
more than 700 applications from all 50 states.
It sounds a little nutty to say that Congress has been able for a very
long time to get away with violating the Constitution and their oath of office
to obey it. But that is exactly
what has happened. The Supreme
Court even turned down an opportunity to make Congress obey Article V. As a matter of public record, the
government in that lawsuit did not dispute the fact that the single
constitutional requirement was met.
Nor did it dispute that members of Congress had violated their oath of
office.
One reason why Congress has
gotten away with this is that it has never established a system to collect and
make publicly available all state applications. Out of sight has made it easy for
politicians, the media, watchdog groups, academics and the public to remain
ignorant of the congressional disgrace.
Even more ridiculous is that states keep submitting applications for a
convention as if more are needed, oblivious to the fact that they have just kept
piling up and ignored by Congress.
Even now there are efforts in several states to get a convention because
of interest in some other types of constitutional amendments. Rather than expend energy on particular
amendments what is critically needed is a focus on getting Congress to obey the
Constitution and immediately call the first convention. Like many Supreme Court decisions, the
inaction by Congress is an illegal form of changing the Constitution.
State applications have been
buried in the voluminous Congressional Record over the history of our
country. Finally, a private
national, nonpartisan group spent its own money to find, collect and copy these
hundreds of state applications for a convention and make them readily
available. People can access them
at www.foavc.org
the site of Friends of the Article V Convention that has the single mission of
making Congress obey the Constitution and call the first convention; it does not
advocate for any specific amendments.
So, please Senator Feingold, as a
true reformer and chair of the Senate's Constitution Subcommittee
of the Judiciary Committee, take the opportunity to address the
disappointing and nasty illegal behavior of Congress. Even more disturbing than people
becoming senators without being elected to that high office, something
impermissible for House Representatives, is this violation of Article V. Please shift your attention to getting
Congress to call the first Article V convention by introducing a joint
resolution demanding that action.
This would require only a simple majority vote in both houses, in
contrast to the two-thirds majority needed for a joint resolution proposing an
amendment.
Also, implore President Obama, a
former constitutional law professor, to publicly support making Congress,
finally, obey the Constitution.
This is surely a case of better late than never. For more than empty lip service to the
principle that no one is above the law Congress must obey the supreme law of the
land and honor the Article V provision for the convention option. This is necessary for credible,
law-abiding American democracy.
Justice demands this.
Without fixing this problem there is even more reason for citizens to
have little confidence in Congress and government as a whole.
[Contact Joel S. Hirschhorn
through delusionaldemocracy.com. He is a cofounder of Friends of the
Article V Convention.]