Constitution Day: What is Article V and why are some states pushing to use it?

Constitution Day was established in 2004

US Supreme Court (REUTERS)

Constitution Day recognises the nation’s adoption of the US Constitution in 1787, with the annual event marked by politicians across the country.

Twenty-eight states across the US have adopted resolutions throughout the years calling for a constitutional convention, recognised under Article V, which gives states the power to consider amending the constitution.

In the age of Donald Trump, which has focused attention on the power of the executive and its relationship with Congress, there is renewed talk of the power of Article V.

On 17 September in 1787, 39 delegates signed the historic document which is now widely reported as one of the world’s oldest functioning written Constitutions.

The constitution’s implications have had wide-ranging effects on Americans since its inception over two centuries ago – with perhaps the creation of the electoral college being one of the most discussed and disputed in modern US politics.

With issues of voting rights, racial discrimination, prison labour and women’s rights at stake, the US Constitution has served as both a source for significant protections and critique.

When was Constitution Day established as a national observance?

Constitution Day was established in the US by Congress in 2004.

The act mandates that all educational institutions receiving funds from the government provide educational programmes about the Constitution on that day should it fall on a weekday (if it falls on a weekend it must be observed on a preceding or following week).

Who signed the Constitution in 1787?

Although 55 delegates attended the Constitutional Convention in 1787, only 39 delegates actually signed the Constitution. The convention was held at the Pennsylvania State House in Philadelphia, now known as Independence Hall.

What is Article V?

Article V of the constitution states in part:

“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…”

According to Article V, 34 states could instigate a constitutional convention with 38 states, or three-fourths of the states, needed to ratify an amendment.

Twenty-eight states have so far called for a convention on a balanced budget amendment. There has not been a constitutional convention since the original one in 1787.

Who are the supporters and opponents of a convention of the states?

The Convention of States Project (COS) project, launched in 2013, has pushed forward efforts to encourage lawmakers in all 50 states to adopt legislation to call a convention under Article V with the mission to: “bring power back to the states and the people…” the site states.

Republican former South Carolina senator, Jim DeMint, joined COS as a senior advisor last year.

The call for convention of the states has a conservative backing, with proponents and organisations including Jeb Bush, John Kasich and the American Legislative Exchange Council (ALEC).

But some liberal-leaning groups have also backed the call; Wolf-PAC, a nonpartisan volunteer network, has pushed for an Article V convention with campaign finance law reform in mind.

Opponents of the measure have expressed concerns that such a convention would lead to a so-called runaway convention, in which rogue delegates hijack the agenda.

In an interview with Vox in 2017, Hillary Clinton called an Article V convention “disastrous”.

“There’s a big move for change coming from the right that I think would be disastrous for our country,” she said. “They want radical, pull-em-up-by-the-roots change, they want to have a constitutional convention to rewrite our Constitution to make it friendlier to business, to inject religious and ideological elements.”