This is going to work. Believe it. You might have to read this more than once. You might have to consider it from different angles. Be patient. You can do it. The future of the American republic lies with you.
This is a simple description of the ratification process. There is also a more high-falutin’ one. There is also a short simulation and a longer one. Work it out.
We reject equal state suffrage because it gives some citizens more voting power than others. We are not going to play by those rules. Our rule must be equal voting power for all eligible voters. In short, we will not use the Senate or Article V.
We are going to use state legislatures and the referendum process.
More specifically, our amendment will self-declare its rules for passage:
- It is formally proposed by a simultaneous majority vote of the people of a group of states/D.C./territories that comprise a majority of the population of the United States.
- It is ratified six months later, provided that the states/D.C./territories that did not vote the first time have an opportunity to do so, and that the overall vote remains a majority vote of the people.
Here are the scenarios that can play out. All results are consistent with the principles of political equality.
- Majority opposed. D.C. City Council puts this amendment in front of D.C. voters. No other states or territories participate. D.C. voters reject the proposal. Result: proposal is not formally proposed. D.C. would have to start over the next election cycle.
- Majority supports, but group does not represent a majority of U.S. population. D.C. City Council puts this amendment in front of D.C. voters, who vote 90% in favor of the proposal. No other states or territories participate. D.C. voters represent only 0.2% of the U.S. population. Result: proposal is not formally proposed. D.C. would have to start again the next election cycle.
- Majority supports, group is a majority, then other states vote so that overall vote is opposed. Suppose our large state coalition (CA, TX, FL, NY, IL, PA, OH, GA, NC, MI, NJ, VA, WA, AZ, MA, IN, TN, representing about two-thirds of the U.S. population) votes on election day, and 51% are in favor. The proposal is formally proposed. Over the next six months, the small states put the question before their voters, and the overall vote (from both large states and small) is only 45% in favor. Result: the proposal is not ratified. The coalition would have to start again the next election cycle.
- Majority supports, group is a majority, then other states vote so that overall vote remains a majority. Suppose our large state coalition (as above) votes on election day, and 58% are in favor. The proposal is formally proposed. Over the next six months, the small states put the question before their voters, and the overall vote in the end is 54% in favor. The House of Representatives will declare that the proposal is ratified because two-thirds of members come from large states and because the reforms are good and just. The rest of the federal government will fall in line. Result: the proposal is ratified.
- Majority supports, group is a majority, then other states abstain from voting. Suppose our large state coalition (as above) votes on election day, and 65% are in favor. The proposal is formally proposed. Now suppose the small states refuse to put the question before their voters, arguing that the process is invalid. It will be obvious that they are refusing because they know they can’t win. The people will know it. As above, the House of Representatives will declare that the proposal is ratified and the rest of the government will fall in line. Result: the proposal is ratified.
I propose the following Section 1 text:
Article V is inoperative on the proposal and ratification of this amendment.
This amendment shall be proposed in a biennial election upon a majority vote of the people in a group of States, Territories, and the District constituting the seat of Government of the United States, provided that this group comprises a majority of this nation’s population.
This amendment shall be ratified six months later, provided that the people of the States, Territories, and the District constituting the seat of Government of the United States which did not participate in this vote may do so in the interim, and that the overall vote remains a majority vote of the people.
Need more convincing? Try the high-falutin’ description.