Response by David J. Ziemba, Congressional Legislative Correspondent
DATE:
Wednesday, 18 July 2007, 06:47 PM
FROM: Senator Evan Bayh (D-IN)
TO:
Jacob Henderson
Dear Mr. Jacob Henderson:
Thank you for contacting Senator Bayh about Article V of the U.S.
Constitution. Your correspondence has been forwarded to me, a legislative
correspondent.
As you may know, Article V states that on the "Application of the
Legislatures of two thirds of the several States, shall call a Convention for
proposing Amendments". Although many states have applied for a convention,
this clause has never successfully been invoked. This method has come close on
several occasions including an instance when only one State was needed before
the Senate responded and passed an amendment providing for the direct election
of Senators. Other instances include a petition drive for a constitutional
limit on income tax rates, another to limit the Supreme Court's legislative
apportionment decisions, and finally, a proposal for a balanced budget
amendment.
Because this clause has not been invoked, the convention method of
amendment is surrounded by a lengthy list of questions. However, arguments
exist that if there is an authentic national movement underlying a petitioning
by two-thirds of the States, there would be a response by Congress.
Again, thank you for contacting Senator Bayh about this question. I hope
the information given in this response has been helpful. Please continue to
keep him informed on the topics that are important to you in the future.
Sincerely,
David J. Ziemba
Legislative Correspondent