The Dangers of an Article V Convention of The States

NHELD has remained steadfast in its opposition to an Article V convention of the states, for a variety of reasons, explained below.
What does Article V of the U.S. Constitution say?
What it says:
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.
Translation:
Method One : Congress proposes amendments when two thirds of each house deem it necessary
NHELD opposes an Article V convention for the same reasons that the founders feared it. While seemingly helpful as a means to fix problems, it, very seriously, risks eliminating rights and the existence of the Constitution itself.
James Madison, the “father of the Constitution” feared it.
In Madison’s letter to G.L. Turberville, Esq., November 5, 1788. Madison warned that a convention would not be conducted in harmony or terminate in the general good. In fact, he said, having witnessed the difficulties and dangers experienced by the first Convention, he “trembles for the result of a Second” convention.
“If a General Convention were to take place for the avowed and sole purpose of revising the Constitution, it would naturally consider itself as having a greater latitude than the Congress appointed to administer and support as well as to amend the system; it would consequently give greater agitation to the public mind; an election into it would be courted by the most violent partizans on both sides; it wd probably consist of the most heterogeneous characters; would be the very focus of that flame which has already too much heated men of all parties; would no doubt contain individuals of insidious views, who under the mask of seeking alterations popular in some parts but inadmissible in other parts of the Union might have a dangerous opportunity of sapping the very foundations of the fabric. Under all these circumstances it seems scarcely to be presumable that the deliberations of the body could be conducted in harmony, or terminate in the general good. Having witnessed the difficulties and dangers experienced by the first Convention, which assembled under every propitious circumstance, I should tremble for the result of a Second, meeting in the present temper of America and under all the disadvantages I have mentioned. It is not unworthy of consideration that the prospect of a second Convention would be viewed by all Europe as a dark and threatening Cloud hanging over the Constitution just established, and, perhaps over the Union itself; and wd therefore suspend at least the advantages this great event has promised us on that side.
Alexander Hamilton also feared it.
In Federalist No. 85 Hamilton said he “dreads the consequences” of another convention.
“I can reconcile it to no rules of prudence to let go the hold we now have, in so arduous an enterprise, upon seven out of the thirteen States, and after having passed over so considerable a part of the ground, to recommence the course. I dread the more the consequences of new attempts, because I know that powerful individuals, in this and in other States, are enemies to a general national government in every possible shape. ”
The founders knew from experience that a convention of delegates from the States, called together to amend their existing written authoritative governing document, instead, could decide to eliminate that document altogether and adopt an entirely new document. After all, that’s exactly what happened in their lifetimes when a convention was called to amend the Articles of Confederation, and, instead of amending it, the delegates chose to adopt an entirely new document, our now existing United States Constitution.
Why did the founders include in the Constitution Article V? They included it because they knew from the Declaration of Independence that the people had a right to alter or abolish their form of government, but they feared the consequences of doing so.
Today, the proponents of an Article V convention argue that such a convention is limited in what it can do. They claim, for example, that the delegates to the convention would be bound by what their State legislators directed them to do. The delegates to the convention discussing amendment of the Articles of Confederation also were directed by the colonial legislatures to act as the legislators directed. It didn’t work then, because once the delegates are chosen, they are empowered to “amend” or “change” the then existing rules of existing government, and they did, completely. So, too, could the delegates to a new Article V convention.
You saw above what the existing Constitution says in Article V. Consider what it does NOT say.
What it does NOT say :
Doesn’t say that the application from all of the States has to ask for a Convention for the
same purpose, topic, or amendment;
Doesn’t say that Congress has to call the Convention for any particular purpose, or for the
purpose requested by the States;
Doesn’t say that Congress establishes rules for the Convention, including timelines and other
procedural issues
Doesn’t say that Convention delegates are precluded from establishing rules, or changing
rules once established by Congress after the delegates convene;
Doesn’t say how delegates to the Convention are chosen;
Doesn’t say Congress is precluded from choosing the delegates;
Doesn’t say that the States can choose the delegates;
Doesn’t say who may be a delegate;
Doesn’t say that members of Congress can’t be delegates;
Doesn’t say upon what basis or criteria one can be a delegate;
Doesn’t say how many delegates can represent each State;
Doesn’t say If there is more than one delegate from each State, or how are disputes among
those delegates are decided before a vote is cast;
Doesn’t say that States can bind the delegates to any action to be taken at the Convention;
Doesn’t say how would votes are to be taken;
Doesn’t say that there has to be one vote for one State;
Doesn’t say whether each State’s vote would be proportional based on population as in the
House, or based on equal representation as in the Senate.
Doesn’t say how many amendments may be proposed;
Doesn’t say what the subject matter of the amendments must be;
Doesn’t say that the Executive Branch has any role in the process;
Doesn’t say that the Judicial Branch has any role in the process; and it
Doesn’t say that the amendments may not fundamentally change our entire system of
government - eliminating three branches, granting exclusive power to one branch.
In short, NHELD agrees with the founders that while the people may have a right to call an Article V convention, there are many reasons to be very concerned about the outcome of such a convention, concerned enough to fear that our existing system would no longer exist, and a better system would not result.
NHELD urges everyone, as always, to do their own research and to formulate their opinion based on knowledge, and not based on what anyone else claims.
NHELD has done its own research, and based on that research, has concluded that we do NOT support an Article V convention at this time.
- Attorney Stevenson is the founder of National Home Education Legal Defense, LLC.
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