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Professor Lawrence Lessig On Congress Preempting The Article V Convention


March 11, 2025

 

So if you’ve heard anything about an Article V Convention, you will have heard that it’s never happened in America, and that the only way we’ve ever amended the Constitution is for Congress to propose amendments that then the states will ratify. But that fundamentally misstates our history. Because if you look at the most important amendments in American history, three of them were proposed because we had the Civil War. Nobody wants a Civil War today. But every one of the other important amendments, including the Bill of Rights, as well as the amendments that made senators elected by the people in a state, all of those amendments came because there was an Article V Convention movement that got states around the country to say, we want a convention to address whatever issue they want to address. And then when Congress saw the number of states calling for a convention was getting close to the number necessary to convene a convention, Congress was terrified. And so Congress then proposed the amendments the convention calls were demanding.

That’s the strategy we need today. We need states to convene a call for conventions to address the critical issues that America faces, and term limits, of course, is one of those critical issues, and if we get close to the number necessary to call a invention, I’m absolutely certain that Congress will then propose the amendment if only to stop that convention movement. So we need to understand how constitutional change in America has happened, and the convention movements have been central to that transformation.

Filed Under: Blog

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