May

 

“An auxiliary verb qualifying the meaning of another verb [in this instance, ‘may call’] by expressing ability, competency, liberty, permission, possibility, probability or contingency. U.S. v Lexington Mill & E. Co. 232 U.S. 399. Word ‘may’ usually is employed to imply permissive, optional or discretional, and not mandatory action or conduct. Shea v Shea, Okl., 537 P.2d 417, 418. Regardless of the instrument, however, whether constitution, statue, deed, contract or whatever, courts not infrequently construe ‘may’ as ‘shall’ or ‘must’ to the end that justice may not be the slave of grammar. However, as a general rule, the word ‘may’ will not be treated as a word of command unless there is something in context or subject matter of act to indicate that it was used in such sense. Bloom v Texas State Bd. Of Examiners of Psychologists, Tex.Civ.App., 475 S.W.2d 374, 377. In construction of federal rules word ‘may’ as opposed to ‘shall’ is indicative of discretion or choice between two or more alternatives, but context in which word appears must be controlling factor. U.S. v Cook, C.A.Ill., 432 F.2d 1093, 1098.”

 

Note: The word “may” does not exist in Article V. The law of the Constitution states “Congress....shall call a convention to propose amendments...” “Shall” also appears in literally hundreds of locations throughout the entire document including the Bill of Rights and is clearly intended by the Framers to convey mandatory obligation on the government to execute the language of the text whatever that may be.

 

The word “may” does appear in the Constitution. In Article I, Section 5, Clause 2, the Constitution states, “Each House may determine the rules of its Proceedings, punish its Members for disorderly Behavior, and, with the Concurrence of two thirds, expel a Member.” Clearly this clause does not in any way relate to an Article V Convention call.