We’re not going to pass this amendment with the amendment processes in the Constitution, because those processes are not fair. 2/3 of each House of Congress and 3/4 of state legislatures – that standard is not fair. It does not treat all American citizens equally.

Let’s do this instead. Let’s get together a group of states, DC, and the territories that make up a majority of the U.S. population.

It can be any group. It can be the 9 most populous states plus DC and the territories. It can be all the states, DC, and territories that end in a vowel. Any group will do, but it has to represent a majority of the U.S. population.

This group will conduct a referendum that says it is a constitutional amendment.

If it gets a majority of votes overall, then the other states, DC, and the territories will have the option to conduct a referendum on it. I think six months is enough time.

Then we’ll add those new votes to the votes from the first group. If it is still a majority in favor, then it is a constitutional amendment.

Here are some scenarios that could play out.

1. Majority supports, but group does not represent a majority of U.S. population. DC City Council puts this amendment in front of DC voters, who vote 90% in favor of the proposal. No other states or territories participate. DC voters represent only 0.2% of the U.S. population. Result: proposal is not formally proposed.
2. 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.
3. 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. Result: the proposal is ratified.
4. 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. Result: the proposal is ratified.

This process is fair in all cases.

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 per the most recent decennial census.

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.

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