The Article V Amendatory Constitutional Convention

Keeping the Republic in the Twenty-First Century

Thomas E. Brennan

This book describes the process of amending the federal constitution as defined in Article V by means of a convention for proposing amendments. It shows that the constitution can be amended in two ways: either by ratifying an amendment proposed by the Congress or by ratifying an amendment proposed by a convention. Article V requires the Congress to call a convention whenever the legislatures of two thirds of the states request one. The federal constitution has been amended twenty-seven times. All 27 amendments were proposed by the Congress. There has never been an Article V amendatory constitutional convention in the 230 year history of the nation.

Over the years, every state in the union has asked for a convention at one time or another. Congress has never acknowledged those requests or evaluated them. The history of the 1787 constitutional convention in Philadelphia shows that the founders intended the Article V convention to be a means for the states to seek amendments which the Congress refuses to consider.

The book describes the efforts of a number of citizens groups that are trying to get an Article V convention, and it describes the weaknesses and strengths of each. It comes to several conclusions:

A. That the Congress will never voluntarily call a convention no matter how many petitions are received, because a convention might propose amendments which would decrease the powers or prerogatives of Congress.
B. That the states have the right to call an Article V convention without the concurrence of the Congress whenever two-thirds of the states wish to participate.
C. That citizens of the several states have the constitutional right to organize a convention for proposing amendments, without the call of Congress or the approval of the state legislatures.
D. That no amendment proposed by a convention, of any kind, will become a part of the federal constitution unless it is ratified by three quarters of the states, as required by Article V.

The book urges the convening of a constitutional convention by the voluntary action of citizens, and recommends a number of matters that should be on its agenda.

Lexington Books

Pages: 196 • Trim: 6½ x 9½

978-1-4985-0103-3 • Hardback • October 2014 • $107.00 • (£82.00)

978-1-4985-0105-7 • Paperback • April 2016 • $48.99 • (£38.00)

978-1-4985-0104-0 • eBook • October 2014 • $46.50 • (£36.00)

Subjects: Political Science / American Government / General, Law / Constitutional, Political Science / Institutions

The Article V Amendatory Constitutional Convention

Keeping the Republic in the Twenty-First Century

Hardback

Paperback

eBook

Summary

This book describes the process of amending the federal constitution as defined in Article V by means of a convention for proposing amendments. It shows that the constitution can be amended in two ways: either by ratifying an amendment proposed by the Congress or by ratifying an amendment proposed by a convention. Article V requires the Congress to call a convention whenever the legislatures of two thirds of the states request one. The federal constitution has been amended twenty-seven times. All 27 amendments were proposed by the Congress. There has never been an Article V amendatory constitutional convention in the 230 year history of the nation.

Over the years, every state in the union has asked for a convention at one time or another. Congress has never acknowledged those requests or evaluated them. The history of the 1787 constitutional convention in Philadelphia shows that the founders intended the Article V convention to be a means for the states to seek amendments which the Congress refuses to consider.

The book describes the efforts of a number of citizens groups that are trying to get an Article V convention, and it describes the weaknesses and strengths of each. It comes to several conclusions:

A. That the Congress will never voluntarily call a convention no matter how many petitions are received, because a convention might propose amendments which would decrease the powers or prerogatives of Congress.
B. That the states have the right to call an Article V convention without the concurrence of the Congress whenever two-thirds of the states wish to participate.
C. That citizens of the several states have the constitutional right to organize a convention for proposing amendments, without the call of Congress or the approval of the state legislatures.
D. That no amendment proposed by a convention, of any kind, will become a part of the federal constitution unless it is ratified by three quarters of the states, as required by Article V.

The book urges the convening of a constitutional convention by the voluntary action of citizens, and recommends a number of matters that should be on its agenda.

Details

Lexington Books

Pages: 196 • Trim: 6½ x 9½

978-1-4985-0103-3 • Hardback • October 2014 • $107.00 • (£82.00)

978-1-4985-0105-7 • Paperback • April 2016 • $48.99 • (£38.00)

978-1-4985-0104-0 • eBook • October 2014 • $46.50 • (£36.00)

Subjects: Political Science / American Government / General, Law / Constitutional, Political Science / Institutions

Author

Thomas E. Brennan is former Chief Justice of the Michigan Supreme Court and founder of the Thomas M. Cooley Law School. He is also founder of Convention USA, a citizens' initiative to promote an Article V convention.

Table of Contents

Part I The Problem
Chapter 1: Congress Shall, but Congress Won’t
Chapter 2: We Can and We Will
Chapter 3: The Ayes and Nays
Chapter 4: Reasoning Together
Part II The Agenda
Chapter 5: Legislative Reform
Chapter 6: Executive Reform
Chapter 7: Judicial Reform
Part III The Solution
Chapter 8: Federalism
Chapter 9: The Convention

Reviews

A long-time advocate of an Article V convention, Brennan (Convention USA) has written a useful overview of the arguments for amending the US Constitution through the employment of the Article V amendment process. That process—as stipulated in Article V of the Constitution—provides for the possibility of a convention to propose amendments to the Constitution if two-thirds of the state legislative bodies agree to its creation. As Brennan rightly notes, the ability of the states to call a convention is little known to the American public. However, to the framers it was important to allow the states and people to amend the Constitution under peaceful conditions. Brennan documents much of that history. The rest of the book advances Brennan’s strong support for an Article V convention and provides readers with suggested amendments to the Constitution. Clearly, Brennan is not neutral on this subject. That is not a failing. The book is . . . thought provoking, and Brennan offers an interesting means to remedy some of the failings of the federal government, political life, and, ultimately, the Constitution. Summing Up: Recommended. General readers, undergraduate students, and professionals.
— Choice

Both the left and the right in American politics now seem to understand that something has gone horribly wrong with American government. The checks and balances in our Constitution are routinely evaded, and the separation of powers envisioned by the framers is in shambles. Many thoughtful scholars have wondered if perhaps the time is now right for us seriously to think about amending the Constitution, so that the American people themselves can determine what kind of a future as a nation they would like. The blueprint for this necessary exercise has now been splendidly supplied by Thomas E. Brennan, one of our most accomplished and provocative legal commentators. This book is now required reading for those who care about the future of our polity, and might just help Americans avoid Constitutional crisis.
— Stephen B. Presser, Northwestern University School of Law

For good reason few of the Framers would have imagined that we would go 225 years without a second constitutional convention. Justice Brennan is an ardent supporter of such a convention, and his arguments are well worth reading and attending to.
— Sanford Levinson, University of Texas at Austin

Judge Thomas E. Brennan’s enjoyable book is a common sense look at the prospects of a grassroots Article V convention. He grounds his analysis in the thoughts and writings of the Founders and makes a good case for why today's Congress will likely resist any attempts by the states to call a convention. As a result, Brennan argues that a strictly popular convention may be possible and necessary. Brennan also explores a myriad of possible amendment proposals aimed at sparking dialogue and deliberation rather than uniform agreement. Readers will appreciate Judge Brennan’s lively writing style, impressive breadth of knowledge, and his engaging sense of humor. This book is a must for those interested in understanding or exploring Article V convention possibilities.
— Darren Guerra, Biola University