Constitutional amendments should be proposed by a majority vote in Congress or an amendment convention, and ratified by simple majority vote of the people.
This will be a major change in how we think about the Constitution. It should be supreme not because it is very old and very hard to amend. It should be supreme because it is directly controlled by the people, and in a way in which everyone has an equal say.
Amendment by majority vote in the legislature and majority vote of the people has been shown to be safe in Ireland and many U.S. states. And it will let us make great improvements to the Constitution.
In my view, we need a convention option for amendment proposal because Congress will tend to propose centralizing power, while a convention called by the states will be more likely to propose decentralizing power. Neither option is obviously right, and in any case, the people will ultimately decide. Plus, Congress will resist changes to its elections and structure. A convention will be more likely to propose improvements to our system of democratic representation.
Only one of these bodies should have control over amendment proposals during a given election, to avoid competing proposals and other complications.
The proposal contains a minimum four year gap between amendment conventions, since Congress should be the primary body for amendment proposals. Their members stand for elections and they should be more competent than a convention for all other amendment topics.
It also contains a six year gap before the first amendment convention to give some sense of stability to the representatives and senators who will need to recognize this amendment.
Article V is repealed.
The Constitution may be amended according to the following process. First, an amendment must be proposed, and then, ratified.
An amendment may be proposed by a majority vote of both houses of Congress, provided that no Amendment Convention is active.
An amendment may be proposed by a majority vote of an Amendment Convention called by a group of State legislatures, provided that this group of States comprises a majority of this nation’s population per the most recent decennial census; that all States have a reasonable opportunity to send delegates; and that representation within this convention is proportional to population per the most recent decennial census.
An Amendment Convention is active beginning when it initially convenes and ending when it declares itself to be inactive or two years after its initial convocation, whichever occurs first. At least four years must elapse between the deactivation of one Amendment Convention and the activation of another. No Amendment Convention may become active in the first six years after the ratification of this amendment unless expressly authorized by Congress.
Up until sixty days before a scheduled ratification vote, any proposed amendment may be revoked by a majority vote of both houses of Congress, provided that no Amendment Convention is active, or by an active Amendment Convention.
An amendment shall be ratified upon a majority vote of the People in the first biennial election that takes place not less than one year after the amendment’s proposal.