Warning: Undefined array key "adf" in /home4/hpvcxhmy/public_html/wp-content/plugins/similarity/similarity.php on line 69
Warning: Undefined array key "sim_pages" in /home4/hpvcxhmy/public_html/wp-content/plugins/similarity/similarity.php on line 70
In the last of the Federalist papers, Federalist No. 85, Hamilton concludes by arguing that the preceding papers should demonstrate that the proposed constitution is fundamentally sound, and that it should be ratified regardless of any few faults or reservations that people might have because revision prior to ratification would be more difficult than amendment after ratification.
In making his argument Hamilton made reference to Article V. In light of a recent discussion where Connor argued the potential dangers of a modern constitutional convention I read through Article V again. While there is always the possibility of people organizing their efforts to remake the government the dangers that Conner discusses are in excess of the provisions of Article V. If such a convention were called it under Article V it could do no more than propose amendments to the existing Constitution. Once such a proposal (or proposals) is made the ratification process is the same as for amendments proposed in Congress – they would need to be ratified by ¾ of the state legislatures. Such amendments are also limited in that they cannot propose to deprive any state of equal suffrage or representation in the senate without the consent of that state.
Based on the words of Article V as well as my resolute faith in the principle of agency I no longer have any shred of discomfort with the idea of a modern constitutional convention. The outcome of such a gathering would either be illegal or have limited impact. The risks posed by a legal Article V convention are no greater than the risks we face from Congress every day. As for the risks posed by an unrestrained (illegal) convention – we face those risks from Congress every day as well.
2 replies on “Federalist No. 85”
Anyone wishing to learn more about an Article V Convention should go to http://www.foavc.org where they can read the over 750 applications from all 50 states. The Constitution requires that a convention be called if two thirds of the states apply for such a call. Currently that number is 34.
Many of the issues of today have been addressed in these applications and given the sheer number of applications, it is clear the states have no fear of a convention either.
It’s time the USA convene on the authority of the U.S. Constitution. The Article V Convention, simply as a civic ceremony, even should no amendment proposals reach ratification requirements, will do what it is meant to: put the politicians in the U.S. Congress on notice to start doing the work of and for the people.