Article Five of the U.S. Constitution empowers three-fourths of the States to amend the Constitution.
The Text of Article 5
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.
The Key Action Word, A Verb
The verb amend means,
- to alter, modify, rephrase, or add to or subtract from
- to change for the better; improve
- to remove or correct faults in; rectify.
Does Article Five empower the States or the Congress to rewrite the Constitution? No.
How many amendments have been made to the Constitution so far?
The first 10 amendments, the Bill of Rights, form the bedrock of American civil liberties and individual freedoms. These amendments were ratified in 1791. They were a response to concerns about federal government overreach. They were designed to protect the rights of American citizens. SOURCE
Congress proposed the first 10 amendments, according to Article 5. There were 12 proposed amendments; two were not approved by the States.
Over the years after the first 10 amendments were ratified, Congress proposed 17 more. 3/4 of the States approved these 17 amendments.
Amendment 18 prohibited the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.
This amendment began an era known as Prohibition. This amendment inadvertently fueled the rise of organized crime in America, transforming the nation‘s underworld and leaving a legacy that endures to this day.
Amendment 21 repealed Amendment 18, thereby ending the prohibition of intoxicating liquors.
There remains a total of 26 Amendments to the Constitution.
A Constitutional Convention
The 5th Amendment prescribes two ways to propose amendments to the Constitution. Either 2/3 of both houses of Congress or a convention of 2/3 of the States can propose Amendments.
How is an Amendment to the Constitution Ratified?
A convention of 2/3 of the States or Congress can propose an amendment. After this, the Legislatures of 3/4 of the several States can ratify amendments. Alternatively, Conventions in 3/4 of the States can also ratify amendments.
Uninformed Opposition Strives To Block a Convention of the States
Political opponents to an Article V Convention of States often write articles saying that the individuals calling for the convention want to rewrite the Constitution or that rewriting the Constitution can be done with Article V. They call this a “runaway convention” or a “Constitutional Convention” or “Con-Con” for short. Article V of the US Constitution has no provision that allows for the Constitution to be rewritten, so the words of these political opponents is simply untrue. This is fear-mongering fake news propaganda. SOURCE
At the 2024 Texas State GOP Convention, the John Birch Society was actively involved. They lobbied to deny a plank in the party platform that called for a Convention of States.
A member of the John Birch Society described Republican delegates to the State Convention con-cons, “communist conservatives.” One delegate explained to the Bircher, “The text of Article 5 is written in plain English. A 10-year-old child can read the text and explain its meaning.”
Read the text of the State GOP platform:.
2024 Platform and Resolutions of the Republican Party of Texas, State Sovereignty, Plank Number 24
“Article 5 Convention of States: The Texas Legislature shall extend the call for a Convention of States to impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office of federal officials and members of Congress.“
In Summary
President Ronald Reagan wisely observed, “It isn’t so much that liberals are ignorant. It’s just that they know so many things that aren’t so.”
Knowledge is Power.
John N. White 