"The New Article V For This Generation" shows an easier way to Amend the current Constitution and also How to Abolish the current Constitution in a Fair, Safe, and Orderly Way. But this Twenty-Eighth Amendment proposal that Totally Rewrites Article V must be passed. The people must demand that the U.S. Congress and 3/4 of the state legislatures pass this Twenty-Eighth Amendment called "The New Article V For This Generation.
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.
If by the end of May, the delegates agree on a new document with at least a 51 percent majority, then in June (one month later), the American voters in a referendum must also approve it with a 51 percent majority. If they approve it, then the new Constitution and government will begin 4 1/2 months later on November 1. All of the steps and procedures of the entire process will take 24 months, and they will be elaborated on below.
The 24-Month Timeline for Creating a New Third Constitution up to the Start of the Third Government
If at presidential election time in November, the American people decide they want a constitutional convention, then they will have almost 5 months, from November through April, to officially register with a national political party that truly expresses their values and worldview. Various websites describe all the major national political parties that voters can choose from.
Then during the month of May, no switching of parties can be made as the official count of all national political parties is determined by the National Elections Committee, which will be appointed by a bipartisan Congressional panel initially. The National Elections Committee will know by the end of May which national political parties garnered at least one percent or more of the national vote.
When the National Elections Committee determines which political parties are the 7 largest national political parties, then the current members of the National Elections Committee will no longer be needed because an entirely new set of executive directors will be selected from the 7 largest national political parties. Each of the 7 largest national political parties will appoint one person to serve in the Executive Council of the National Elections Committee that takes over the operation in June.
The National Elections Committee will guarantee that local election officials are impartial and professionalized. The National Elections Committee may use voting machines that are standardized, or it may decide on other fair methods that prevent dishonesty and corruption. The National Elections Committee will also be responsible for counting and verifying the membership of national political parties.
Starting in the month of June and going to the end of November (for 5 months), the national political parties that represent at least one percent of the nation's voters will get official, equal, free, national public television exposure. These national political parties will be able to make public speaking presentations and will be allowed to participate in televised town hall meetings, on a nationally publicized television station. They will also be allowed to give their written responses to standardized questions, not exceeding the maximum amount of words that the question allows. Each of the political parties will be allowed to share their party platforms, any proposed national constitutions, and various articles from their websites.
Then during the second week of January (about 6 weeks later), each American voter will vote a second time for one of the national political parties that captured at least one percent or more of the national vote. Some voters will stay with the party they picked back in May, while others may choose a new political party that better expresses their values and worldview after hearing speakers from the many different political parties.
So, after all the votes are counted during the second week of January, if the Constitution Party got 1 percent of the votes, then there will be one Constitution Party delegate at the Constitutional Convention. If the Green Party got 9 percent of the votes, then there will be 9 Green Party delegates at the Constitutional Convention. If the Republican Party got 14 percent of the votes, then there will be 14 delegates from the Republican Party that will be sent to the Constitutional Convention, and so forth.
On March 1 (about 6 weeks later), the Constitutional Convention delegates will meet at the Capitol building in Washington D.C. The 100 delegates will work from March through May to create a new constitution that 51 percent or more of the attending delegates approve.
When the Convention first starts, each of the 7 largest national political parties will nominate one of their attending party delegates to be the potential Chairperson of the Constitutional Convention. The 100 delegates will vote to elect one Constitutional Convention Chairperson from the slate of 7 potential candidates.
If delegates reach a 51 percent majority before the 3-month period elapses, they must use the remaining days of the 3-months timeframe to hear dissenting delegate voices in the constant effort to keep improving their document in order to get an even higher percentage of approval than 51 percent. If at any point the delegates achieve a 60 percent approval rating of a new document, they may adjourn and go home before the maximum 3-month time limit has elapsed.
If only 50 percent or less of the delegates approve the new constitution after working on it for 3 months, then it becomes void, and the current, second constitution continues to be official and valid. However, if the new constitution is approved with a 51 percent majority or higher by the end of May, then the American people must also approve it in June (one month later), with at least a 51 percent majority. If the American voters approve the new document, then the 100 delegates or their appointees will oversee the transition to the new government that starts on November 1, making sure that everything runs smoothly.
Summary of the 24-Month Timeline for Creating the Third National Constitution up to the Start of the Third National Government
November thru April (first 6 months)--American voters have ample time to choose a national political party that best expresses their values and worldview.
Month of May (7th month from the start)--Official count of members in each political party is made by the National Elections Committee. By the end of month, it will be known which political parties garnered at least one percent or more of the national vote.
June thru November (8th through the 13th month)--Public speeches, forums, debates, and written responses from all political parties that captured at least one percent or more of the national vote
Second week of January (during the 15th month)--Each American voter will vote a second time for a national political party, after hearing from all the national political parties that captured at least one percent of the vote. Potentially, there could be 100 parties, but that is highly unlikely.
So, as a result of the second vote in January, hypothetically speaking, if the national Democratic Party got 13 percent of the votes, then there will be 13 Democratic Party delegates at the Constitutional Convention. If the national Socialist Party got 14 percent of the votes, then there will be 14 Socialist Party delegates at the Constitutional Convention. If the national Libertarian Party got 16 percent of the votes, then there will be 16 Libertarian delegates sent to the Constitutional Convention, and so forth.
Third week of January through the month of February (a 6 week period)--Each national political party that garnered at least one percent of the vote in this second and last election for Constitutional Convention delegates will have to choose some internal method for selecting which of its delegates will go the Constitutional Convention.
March thru May (17th through the 19th month)--the 3-month duration of the Constitutional Convention
Second Week of June (20th month)--The American people will vote on whether they approve the new constitution that 51 percent or more of the Convention delegates agreed on. If at least 51 percent of the American voters approve the new document, then the new document will become the new official Third Constitution of the United States about 4 1/2 months later on November 1.
November 1 (24 months later)--The new third government under the new Third Constitution, will begin if it had been approved 4 1/2 months earlier by both the Constitutional Convention delegates with a 51-percent majority and by the American people with a 51-percent majority. (End of 24-Month Timeline Summary for Creating the Third National Constitution up to the Start of the Third Government)
During the Constitutional Convention, the spoken and written words of the Constitutional Convention delegates must be publicized, and concerned citizens will be allowed to express their own opinions by voting yes or no on various proposals.
The US Congress, the President, and the US Supreme Court will not have the right to control or interfere with the Constitutional Convention. They can, however, express their opinions and recommendations in the process.
There does not have to be any violent revolution to create a new third national constitution. We the People can agree to be fair--and we can agree to be open, honest, and transparent.
If the 24-month timeline expressed in "The New Article V For This Generation" is found to be effective in creating the Third Constitution of the United States, it, or something better, can be used to create The Fourth Constitution of the United States, when a new supreme document of the land is desired by the people, to provide continuity into the future.
(End of this Twenty-Eighth Amendment Proposal that Rewrites Article V)