If
you want to learn a
lot more about an Article V Convention after reading this introduction,
click
the link at the end to go to our
advanced site.
What
is FOAVC?
The
Friends of AVC
(FOAVC) is a NONPARTISAN group dedicated to promoting an amendments
convention
which will amend the U.S. Constitution in ways that improve our
governance
structure and bring it into the 21st century.
What
is the U.S. Constitution ?
(The
following text is from http://www.history.com/topics/constitution;
authored by History.com Staff, published 2009 by A+E Networks, accessed
March
01, 2017):
“The
U.S. Constitution established
America’s national government and fundamental laws, and guaranteed
certain
basic rights for its citizens. It was signed on September 17, 1787, by
delegates to the Constitutional Convention in Philadelphia, presided
over by
George Washington.
Under
America’s first governing
document, the Articles of Confederation, the national government was
weak and
states operated like independent countries. At the 1787 convention,
delegates
devised a plan for a stronger federal government with three
branches–executive,
legislative and judicial–along with a system of checks and balances to
ensure
no single branch would have too much power.
The Bill of Rights–10 amendments guaranteeing basic individual protections such as freedom of speech and religion–became part of the Constitution in 1791. To date, there have been a total of 27 constitutional amendments.”
What
is an Article V
Convention?
The
U.S. Constitution begins with the famous preamble,
“We the People of the United States, in Order to form a more perfect
Union...”
and goes on to state that it establishes “justice”, provides for
“common
defence”, promotes “general Welfare”, and secures “Blessings of
Liberty”. The
Preamble establishes our government as a government of the
people.
The
preamble is followed
by seven chapters (Articles) that establish the executive, legislative,
and
judicial branches of government (“checks and balances”) and describe
federal
versus state powers.
Of
the seven Articles, Article V describes procedures for
amending the U.S. Constitution. Amendments
allow for changes that affect basic governance principles of this
nation as
expressed in the Constitution. The 27
amendments that have passed to date include the Bill of Rights
mentioned above. They also include giving
women and
18-year-olds the right to vote, establishing the income tax, and other
principles used to make laws.
Participants
to the 1787
Convention who wrote the original U.S. Constitution and Article V
included two possible
ways to change (amend) the Constitution: (1)
Congress can propose an amendment, and (2)
a convention of the people can be called by Congress if 2/3 of the
state legislatures
request an Article V Convention (AVC).
How
is a Convention
Called, and how is an amendment passed?
The
U.S. Constitution’s Article
V describes the process of calling a convention. When
2/3 of state legislatures submit
applications to the U.S. Congress, it is the duty of Congress to call
the
AVC. Currently there are enough
applications to call 11 AVCs!
Amendments
are proposed
at the AVC and discussed and debated by delegates elected by the people
in the same congressional districts which elect members of Congress.
It requires approval of 2/3 of the state delegations at the convention
voting as states (one state, one vote) to propose an amendment. All
amendment
proposals require consent by either 3/4 of the state legislatures, or
by 3/4 of conventions
of the people, called ‘state ratification conventions’ before becoming
part of the Constitution. As of today, 2/3 of
our 50 states is 34 states; 3/4 is 38 states.
The
required number of
State legislatures have called for a convention several times. Congress has ignored these calls and not even
counted the applications, until
recently. More detail on states that
have called for a convention is shown on the main page of the FOAVC
website.
Why
an Article V
Convention?
If
you just want
government to remain the same as before except for new people carrying
it out,
use our election process (Article II and Amendments 12 and 23). If you want to create permanent changes
in governance, use the amendment process described in Article V.
Politics
as usual, unrepresentative
government, over regulation, inequality, unbalanced powers, and other
governance
issues of our times can be addressed through an Article V Convention. This
convention gives you the chance to
make changes. We
as citizens elect or run as delegates who
will participate in the national debate. Together,
we decide how this country will be
run and what principles will prevail.
What
about all the rumors
I’ve heard concerning an Article V Convention?
Just
remember this: it's your right to make changes. All
the people for and against having a
convention want you to support what is their political agenda. You need to make up your own mind about the
value of an AVC, which is why the FOAVC website exists. We
give you the public record and the facts; you
decide what kind of a convention it will be and work with your fellow
citizens to bring that about.
A
few definitions
Application:
An application is the formal term used in Article V to describe the
petition
submitted by the state legislatures to Congress for a convention call.
The application is the sole authority state legislatures have in the
AVC.
The choice to elect convention
delegates is made by the people and thus not controlled
by the
state legislatures. Legislatures can therefore not control the
agenda of the convention. Whatever the
people decide in convention to propose as an amendment is
transmitted to Congress to begin the ratification process.
Runaway
Convention:
A myth created by convention opponents suggesting that in 1787, the
U.S. Constitution
was illegally proposed as instructions given by Congress were disobeyed
when
the Convention was called. This myth is
disproved by public record
presented on the FOAVC website.
Rescission:
The withdrawal of an application previously sent to the U.S. Congress
by the state legislature calling
for an AVC. Rescissions are
in
reality illegal and unconstitutional. Documentation
of the public record showing
this illegality is found on the FOAVC website.
Thank you for taking the time to read this brief overview about an
Article V
Convention. If you want more details, proceed
to
our regular site
or refer to our Packets Page for brief
answers to specific questions.
Page Last Updated: 9-APRIL 2017