The Amendment Amendment

A Proposed Amendment to Improve the Process

for Amending the Constitution and Facilitate the

Initiation of Amendment Proposals by the States

Section 1.  Article V shall be amended to read in its entirety as follows:

“Section 1:        This Constitution may be amended by either: (a) five eighths of both Houses of the Congress and five eighths of the States, which approvals by the Congress and the States may occur concurrently, or (b) two thirds of the States with a majority of the nation’s population as determined by the most recent Enumeration made pursuant to Article I Section 2 of this Constitution prior to the completion of the procedures set forth in this Section.  Each State shall determine whether actions under this article are to be by its legislature or by referendum.  If the first approval is by States, at least five States must approve the proposed amendment within a period of not more than one hundred twenty days and promptly transmit the proposed amendment to the legislatures of the other States and to both Houses of Congress.

Section 2:        All approvals of any proposed amendment shall expire if the proposed amendment has not been fully approved (a) for proposed amendments initiated by the Congress within seven years of the vote of whichever House of Congress was the last to approve it, or (b) for proposed amendments initiated by States within eleven years of the first State approval.

Section 3:        The operative text of any amendment must be approved with identical wording.

Section 4:        If an amendment initiated by States is approved by five eighths of the States but not two thirds of the States, and the Congress shall not have approved it before ninety days prior to the next election for the House of Representatives, all States must submit the proposed amendment for approval or disapproval in that election.  The proposed amendment shall be effective without approval of Congress if approved by five eighths of all votes cast in the nation on the proposed amendment.  If the proposed amendment fails to be approved in this referendum it shall not be submitted to another but may still be approved by Congress or the additional number of required States during the remainder of the time period provided in Section 2.

Section 5:        Any State may rescind its approval of a proposed amendment except during (a) the thirty days prior to the date upon which the proposed amendment is fully approved under Section 1 of this article and (b) the one hundred twenty days preceding a national referendum under Section 4 of this article.

Section 6:        An amendment shall be valid to all intents and purposes as part of this Constitution upon completion of the procedures set out in this article unless the amendment itself sets a future effective date.  An approval shall be effective upon the completion of Congress’ or a State’s procedures for ordinary legislative or ballot actions, or as the legislature may otherwise provide, except that no executive assent or veto shall apply to any action under this article.

Section 7:        No amendment shall deprive any State of its equal suffrage in the Senate without its consent.”

Section 2.   The textual amendments provided by this article shall be incorporated in all official publications of this Constitution.  Congress is authorized determine whether this article shall also be included in such official publications.

Are We The People?

Using Amendment to Take Back Our Constitution from Big Government, Big Business and the Supreme Court

The Amendment Amendment is discussed in more detail in my new short book, Are We The People? Using Amendment to Take Back Our Constitution from Big Government, Big Business and the Supreme Court.   It discusses each provision of the Amendment Amendment and shows how this reform of our current amendment process will make the People the ultimate arbiters of the Constitution’s meaning and permit consideration of amendment proposals which are important to both progressives and conservatives.  Are We The People? is available in e-book format for only $2.99 from Nook and Kindle, and in print from Amazon and other online outlets for only $5.99.