The Article V Convention Threat Awakens: Looking Within, Abroad, and Ahead

The Convention of States (COS) movement likely represents the passionate factions that Founders, like Madison, warned against and should thus be taken seriously. COS is now practicing its Article V Convention simulations every few years so that when it reaches its threshold of captured state legislatures, its processes will be fine-tuned, and there will be no going back. Not only could COS one day succeed, as evidenced by their supporters reaching new heights of politics, but their concerns are also worth focusing on as they point to an American constitutional flaw. Their frenzy for change is misdirected, and they aim for changes that only align with one extreme of one political party. Instead, the American call for change, as highlighted by COS, should be addressed through the formal amendment process and a new “Subcommittee on Constitutional Change” that uses a national and international sharing of ideas to amend Article V’s procedures. This abstract has been taken from the author's introduction.

Publication Details

Journal
eYLS (Yale Law School)
Published
2025-03-01
Primary Topic
Political Systems and Governance
Type
article
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article

The Article V Convention Threat Awakens: Looking Within, Abroad, and Ahead

eYLS (Yale Law School)
Political Systems and Governance
article

The Article V Convention Threat Awakens: Looking Within, Abroad, and Ahead

article en

Abstract

The Convention of States (COS) movement likely represents the passionate factions that Founders, like Madison, warned against and should thus be taken seriously. COS is now practicing its Article V Convention simulations every few years so that when it reaches its threshold of captured state legislatures, its processes will be fine-tuned, and there will be no going back. Not only could COS one day succeed, as evidenced by their supporters reaching new heights of politics, but their concerns are also worth focusing on as they point to an American constitutional flaw. Their frenzy for change is misdirected, and they aim for changes that only align with one extreme of one political party. Instead, the American call for change, as highlighted by COS, should be addressed through the formal amendment process and a new “Subcommittee on Constitutional Change” that uses a national and international sharing of ideas to amend Article V’s procedures. This abstract has been taken from the author's introduction.

eYLS (Yale Law School)
Peace, Justice and strong institutions
Openalex Percentile: Top 41%
Political Systems and Governance
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