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