By Laura Kennedy
The second method has never been used because Congress has prevented it and there is a general misunderstanding of how it would work. In this method 2/3 of the state legislatures would call for a Constitutional Convention. The convention method of amending the constitution was designed by the founders as a way the people could get amendments passed without the agreement of the federal government in case of a developing oligarchy of power, rule by a small group of people.
Congress has in the past prevented the Constitutional Convention method of amending the Constitution by passing the desired amendment once 2/3 of the states called for the convention. The people were able to have the Constitution amend as desired, which was the goal.
Some fear having a Constitution Convention because they are concerned that it would become a “runaway” convention. It is important to remember that whether the Convention would be required to only consider the amendment requested by the states or they were able to propose other amendments while in the convention, nothing becomes part of the Constitution just out of the convention. Before it becomes part of the Constitution the amendment goes back to the states. Just as if Congress had proposed the amendment, 3/4 of the states must ratify any amendment that comes out of the convention by votes the state legislatures or conventions by the individual states. It takes 34 states to call the convention and 38 to ratify any amendment that comes out of the convention.
The founders wanted to make changing the Constitution difficult because they did not want the governing document of this nation to be changed recklessly. However, they knew they were imperfect men and naturally there would be imperfections in the document they produced. They wanted to allow for a peaceful means of changing the Constitution. The difficulty in changing the Constitution protects the republic. Allowing a means of changing the Constitution without the federal government protects the people from an oligarchy of power.
The second method has never been used because Congress has prevented it and there is a general misunderstanding of how it would work. In this method 2/3 of the state legislatures would call for a Constitutional Convention. The convention method of amending the constitution was designed by the founders as a way the people could get amendments passed without the agreement of the federal government in case of a developing oligarchy of power, rule by a small group of people.
Congress has in the past prevented the Constitutional Convention method of amending the Constitution by passing the desired amendment once 2/3 of the states called for the convention. The people were able to have the Constitution amend as desired, which was the goal.
Some fear having a Constitution Convention because they are concerned that it would become a “runaway” convention. It is important to remember that whether the Convention would be required to only consider the amendment requested by the states or they were able to propose other amendments while in the convention, nothing becomes part of the Constitution just out of the convention. Before it becomes part of the Constitution the amendment goes back to the states. Just as if Congress had proposed the amendment, 3/4 of the states must ratify any amendment that comes out of the convention by votes the state legislatures or conventions by the individual states. It takes 34 states to call the convention and 38 to ratify any amendment that comes out of the convention.
The founders wanted to make changing the Constitution difficult because they did not want the governing document of this nation to be changed recklessly. However, they knew they were imperfect men and naturally there would be imperfections in the document they produced. They wanted to allow for a peaceful means of changing the Constitution. The difficulty in changing the Constitution protects the republic. Allowing a means of changing the Constitution without the federal government protects the people from an oligarchy of power.