Dr. Roger Ward

Would you support a constitutional amendment that seeks to limit the size and influence of the federal government by returning power and autonomy to the states? Source:

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… Source:

Method #1  The first method is for a bill to pass both houses of the legislature, by a two-thirds majority in each. ◦ That means 290 votes in the House and 66 votes in the Senate.  Once the bill has passed both houses, it goes on to the states to be ratified.  This is the route taken by all current amendments.  Congress will normally put a time limit (typically seven years) for the bill to be approved as an amendment. Source:

Method #2  Requires that a Constitutional Convention be called by two-thirds of the legislatures of the States. ◦ That means that 33 states must support a Convention.  The Convention can propose one or more amendments.  These amendments are then sent to the states to be approved by three-fourths of the legislatures or conventions. ◦ That means that 38 states must support the amendment(s).  This route has never been taken. Source:

 Regardless of which of the two proposal routes is taken, the amendment must be ratified, or approved, by three-fourths of states.  There are two ways to do this; the text of the amendment may specify whether the bill: 1.must be passed by the state legislatures; or 2.by a state convention.  Amendments are sent to the legislatures of the states by default.  Only one amendment, the 21 st, specified a convention.  Passage by the legislature or convention is by simple majority. Source:

1. Proposal by convention of states, ratification by state conventions (never used). 2. Proposal by convention of states, ratification by state legislatures (never used). 3. Proposal by Congress, ratification by state conventions (used once). 4. Proposal by Congress, ratification by state legislatures (used all other times). Source:

 At no point does the President have a role in the formal amendment process.  He is free, however, to make his opinion known.  He cannot veto an amendment proposal, nor a ratification.  This point is clear in Article 5, and was reaffirmed by the Supreme Court in Hollingsworth v Virginia (3 US 378 [1798]). ◦ Held that held that a presidential signature was not necessary for valid ratification. Source:

 One of the framers, James Wilson, endorsed a popular amendment but it was not included in the constitution and has never been used.  The premise of the popular amendment is that if the people, as a whole, somehow demanded a change to the Constitution, the people should be allowed to make such a change.  The real issue is not in the conceptual. It is a reality that if the people do not support the Constitution in its present form, it cannot survive.  The real issue is in the practical. Since there is no process specified, what would the process be? There are no national elections today - even elections for the presidency are local. There is no precedent for a national referendum.  It is easy to say that the Constitution can be changed by the people in any way the people wish. Actually making the change is another story altogether. Source:

Given what you know now about the Constitutional amendment and ratification process, how likely is it that an amendment to limit the size and influence of the federal government by returning power and autonomy to the states would succeed? Source: