Article V - an analysis

ARTICLE V. 
 
	[Constitution: how amended; proviso.] 
 
	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 
of the three fourths thereof, as the one or the other Mode of Ratification 
may be proposed by the Congress; Provided that no Amendment which shall 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 it's 
equal Suffrage in the Senate. 

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The Congress can propose amendments if 2/3 of both houses agree

Or when Congress is directed by 2/3 of the state legislatures a convention
can be called for *proposing* amendments

Irrespective of which of the above two processes causes an amendment to be
considered a part of the Constitution when 3/4 of the state legislatures
vote for it, or by the constitutional conventions called in 3/4 of the state
agree on it. The decision of which method to use may be *proposed* by
Congress.

It's after 1808 and we're not considering state representation in the
Senate so I'll skip the last two phrases.

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The only sticky wicket I see is the ...proposed by Congress. Does this mean
that Congress can decide which of the two it will recognize? Or does it mean
that Congress can merely express its desire? Or does this apply only to the
bills that were developed in the Congress? There's no time line for Congress
to decide, could this be used to hinder such a process?

Note that it's important to recognize that we're talking about 3/4n
conventions and not a single convention attended by 3/4n representatives of
the states. The tense of the sentence leaves no doubt.


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On 981125, Jim Choate wrote:
> Or when Congress is directed by 2/3 of the state legislatures a convention
> can be called for *proposing* amendments

Note that although it's clear that this is only for proposing amendments, our
history leaves some doubt that's what would actually happen.  The current
constitution came ouf of a constitutional convention called under the Articles 
of Confederation to discuss amendments, but was finally enacted under
procedures *it* specified, not the procedures specified in the Articles.

> The only sticky wicket I see is the ...proposed by Congress. Does this mean
> that Congress can decide which of the two it will recognize? 

Historically, Congress has always specified, at the time it proposes the
amendments.  I believe all but the repeal of prohibition were handled using
the legislature method.
-- 
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Jim Choate wrote:
> 
>                                 ARTICLE V.
> 
>         [Constitution: how amended; proviso.]
[snip]

> The only sticky wicket I see is the ...proposed by Congress. Does this mean
> that Congress can decide which of the two it will recognize? Or does it mean
> that Congress can merely express its desire? Or does this apply only to the
> bills that were developed in the Congress? There's no time line for Congress
> to decide, could this be used to hinder such a process?

It seemed very clear to me that the "proposed by Congress" is refering
to any amendment proposed by Congress.

-Doug