By Greg Penglis and Grok AI. November 10, 2025
Article V – US Constitution
“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.”
INTRODUCTION:
The amendment process to the Constitution is a mess, and Article V, which is supposed to outline the procedure, only serves to confuse. The big issue is with the States. The States can not simply submit identical amendments to the other States to reach 2/3 of the States to send the amendments to Congress. States per Article V have to propose amendments in a “convention.” The crisis for our Constitution is the nature of that convention.
There are those who call it a “Convention of States.” There are organizations built around this. They claim that any convention on the Constitution can be strictly limited to certain topics, not just certain specific amendments. The counter argument is that there is nothing in the Constitution to limit a convention to anything, bringing about the very real possibility of a “Constitutional Convention,” where the entire Constitution is up for a rewrite, revision, or transfer into the UN Declaration of Human Rights, which makes Americans slave to the rest of the world, or, the Communist Manifesto, which would take all our freedoms, rights, and property by imposing a communist government.
The answer to this dilemma is to amend Article V to clarify any conventions. But also to create the same procedure that the Congress has to simply propose amendments and add that to the Constitution. The rest of the logic and reason for this amendment to fix Article V can be found in the Findings, in the next section.
Findings:
Need to Modernize Article V’s Amendment Process: The current Article V requirement for states to call a convention to propose amendments imposes an unequal burden compared to Congress’s ability to propose amendments directly by a two-thirds vote of both Houses. Modern communication enables state legislatures to coordinate identical amendment text transparently, justifying a direct proposal process for two-thirds of state legislatures (34 states) to match Congress’s authority.
Risks of Constitutional Conventions: A convention called by three-fourths of state legislatures under Article V could propose amendments to any or all parts of the Constitution, risking a “runaway convention” that rewrites the entire document. Clarifying this unlimited scope and requiring Congress to pass convention-proposed amendments by two-thirds of both Houses, followed by ratification by three-fourths of state legislatures, ensures transparency and adds a critical safeguard, deterring states from pursuing conventions in favor of the more accountable direct proposal process.
Transparency and Accountability of State Legislatures: State legislatures, as publicly elected bodies, operate with open debates and recorded votes, ensuring greater transparency than a convention where delegates might act independently or opaquely. Allowing state legislatures to propose amendments directly leverages this accountability, aligning with the Framers’ intent for states to have a significant role in constitutional change.
Violation of the Entrenchment Clause by the 17th Amendment: The Entrenchment Clause of Article V prohibits depriving any state of its equal suffrage and representation in the Senate, which includes the power of state legislatures to elect or appoint senators. The 17th Amendment, by shifting to popular election of senators, has been unconstitutional since its ratification because of Article V, undermining the federalist balance intended by the Framers.
Restoration of State Sovereignty: Repealing the 17th Amendment restores state legislatures’ authority to select senators, reinstating their role as representatives of state interests in the Senate. This strengthens state influence in the amendment process and federal system, correcting the unconstitutional elimination of state suffrage.
Equalizing Federal and State Power: By allowing two-thirds of state legislatures to propose amendments directly, mirroring Congress’s two-thirds threshold, and requiring three-fourths of state legislatures for ratification, the amendment ensures parity between federal and state roles in constitutional change, addressing the diminished state influence post-17th Amendment.
Congressional Safeguard for Conventions: Requiring Congress to pass any convention-proposed amendments by two-thirds of both Houses, followed by ratification by three-fourths of state legislatures, adds a federal check on the convention process, ensuring that only broadly supported amendments become part of the Constitution, further discouraging conventions and reinforcing the balance of power.
Practical Implementation: Transitioning senatorial selection to state legislatures upon expiration of current terms ensures a smooth, orderly process without disrupting existing Senate operations, aligning with Article V’s restored protections for state suffrage.
Constitutional Amendment
Amendment XXVIII to the Constitution of the United States
Section 1: Amendment of Article V
Article V of the Constitution is amended to read as follows:
The Congress, by two-thirds of both Houses, or the Legislatures of two-thirds of the several States, by resolutions adopting identical text, shall propose Amendments to this Constitution, which shall be part of this Constitution when ratified by the Legislatures of three-fourths of the several States. The Legislatures of three-fourths of the several States may call a Convention to propose Amendments to any or all parts of this Constitution, which shall be submitted to Congress and, if passed by two-thirds of both Houses, and ratified by three-fourths of the several States, shall be part of this Constitution. No State shall be deprived of its equal Suffrage and representation in the Senate, including the power of State Legislatures to elect or appoint their Senators.
Section 2: Repeal of the Seventeenth Amendment
The Entrenchment Clause of Article V requires that no State shall be deprived of its equal Suffrage and representation in the Senate, including the power of State Legislatures to elect or appoint their Senators. The Seventeenth Amendment, by removing this power, has been unconstitutional since its ratification because of Article V and is hereby repealed.
Section 3: Implementation
Upon expiration of each Senator’s current term, the next Senator shall be selected by the state legislatures per Article V.
ENDORSEMENTS:
BILL STATUS:
COMMENTS: