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3 U.S. A.F. Acad. J. Legal Stud. 35 (1992)
New Constitutional Convention--Critical Look at Questions Answered, and Not Answered, by Article Five of the United States Constitution, A

handle is hein.journals/usafa3 and id is 41 raw text is: A NEW CONSTITUTIONAL CONVENTION? CRITICAL LOOK AT QUESTIONS ANSWERED, AND NOT ANSWERED, BY ARTICLE FIVE OF THE UNITED STATES CONSITUTION JOHN A. EIDSMOE* As the visitor walks past Independence Hall in Philadelphia late at night, his eye is drawn to a dim light in the windows. Drawing closer, he sees the spectral shades of Washington, of Hamilton, of Madison, of Sherman and others. All eyes seem focused on Gouverneur Morris of Pennsylvania and Luther Martin of Maryland as they earnestly debate a constitutional point. The Great Convention of 1787 reenacted? The Framers of the Constitution returned in session to evaluate and update their work? Not a likely occurrence, perhaps. But a new constitutional convention could take place at any time. The Framers themselves made this possible through Article V of the 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. To many Americans, the prospect of a new constitutional convention may seem almost as farfetched as the spectral scene described above. But in fact, a new convention might not be that far off. Two-thirds of fifty states is thirty-four. And since 1975, the legislatures of thirty-two states-only two short of the required two-thirds-have called for a new constitutional convention for the purpose of * Lieutenant Colonel, United States Air Force Reserve, Constitutional Attorney. Professor of Law, Thomas Goode Jones School of Law, Faulkner University, Montgomery, Alabama. BA, St. Olaf College; JD, U of Iowa College of Law; Master of Divinity, Lutheran Bretheren Seminary; Master of Arts in Biblical Studies, Dallas Theological Seminary; Doctor of Ministries, Oral Roberts University. Graduate Air Command and Staff College.

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