10 Point Refutation
In order to buttress its call for an Article V convention, the Center for Constitutional Government at the Goldwater Institute has published a document entitled “10 Facts to Rebut the Mythology of a Runaway Convention.” This list is designed to set forth a roster of reasons that an Article V convention is not only safe, but necessary. In order to effectively rebut the Goldwater Institute’s rebuttal, the definition of a few key terms and concepts must be set forth. Principally, the reader must be familiar with Article V of the Constitution, the type of convention it anticipates, the history of such a provision, and the likely metes and bounds that would establish the legal territory of any convention authorized under the relevant constitutional grant of power.
First, let us look at the black letter of Article V. Article V of the Constitution reads in relevant part:
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.
Plainly stated, Article V requires the Congress of the United States to call “a Convention for proposing Amendments” upon receipt of applications for such by two-thirds of the states. Then, any amendment proposed by such a convention becomes for “all Intents and Purposes … part of this Constitution” if subsequently ratified by three-fourths of the states, either by the state legislatures or by state conventions, as determined by Congress. To date, no such convention has been held. Recently, however, a significant bloc of erstwhile conservatives and constitutionalists has united in pleading with the states to apply to Congress to convene just such a convention.
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