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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