The New Article V For This Generation
The current Article V of our Constitution (which became operational in 1789, with the presidency of George Washington):
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; Provided that no Amendment which may 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 its equal Suffrage in the Senate. (End of Article V)
The Twenty-Eighth Amendment Proposal That Totally Rewrites Article V:
The New Article V For This Generation
This new Article V shows an easier way to Amend the current Constitution and also How to Abolish the current Constitution in a Fair, Safe, and Orderly Way:
The U.S. government can currently be changed when Congress passes new federal laws or statutes; the laws are then approved or vetoed by the President. However, when the U.S. Congress currently proposes a new Amendment to the Constitution, it has to be first approved by 2/3 of the Congress and then by 3/4 of the state legislatures.
Two-thirds of the states can also demand an Article V Amendment Convention, independent of the federal Congress, to pass new Amendments, but in the history of the United States this method of adding new Amendments to the constitution has never yet been successful. But to change the federal government and the constitution in many different ways all at the same time, it requires that the Constitution be abolished. To abolish the Constitution, there has to be a Constitutional Convention to rewrite a new constitution.
The first U.S. Constitution was the Articles of Confederation. Our current Constitution is the second. If we create a new constitution it will be the third one. Article V of the current, second Constitution explains two very difficult ways to add new Amendments to the constitution. Not only that, Article V of the current, second Constitution unfortunately does not explain how to create a new Third Constitution in a fair, safe, and democratic way. This is why "The New Article V For This Generation" is needed to improve the current, second Constitution. It is conceivable that this New Article V can set a precedent for creating the Third Constitution of the United States and possibly for creating the Fourth Constitution of the United States, to provide continuity into the future.
How to Amend the Current, Second Constitution
Here are the new ways to amend the second, current Constitution of the United States that was written in 1787 and implemented in 1789.
To change the federal government by adding any new Amendment to the second Constitution, the United States Congress (including both the House and the Senate) must pass any proposed Amendment to the Constitution with at least a 60 percent majority (no longer a 2/3 majority) in both Houses. Then the American people must approve any new amendment with at least a 51 percent majority in a national referendum. (The previous ratification by 3/4 of the state legislatures is no longer required.)
How to Abolish the Current, Second Constitution
The Constitution is the supreme civil law of the land. A radically new constitution and government can be created by having a Constitutional Convention. If done properly in the way prescribed here, it will be achieved in a fair, orderly, and democratic way. The American people have a right to choose whether they want a new Constitution on a regular basis. Through their chosen representatives, an entirely new constitution can be made.
Every 4 years when Americans vote for a President in November, they can vote for or against having a Constitutional Convention. If 51% or more of the voters say yes, then 16 months later (from March through May) 100 delegates, from all the national political parties that get one percent or more of the national vote, will meet together. Proportional Representation will be used to send delegates to the Constitutional Convention to create a new constitution. So, for example, if the Green Party gets 32 percent of the national vote, then there will be 32 Green delegates at the Constitutional Convention.
(Note: You can view every article as one long page if you sign up as an Advocate Member, or higher).
