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In Article V, the Constitution’s framers gave America’s future leaders a way to make changes to the Constitution based on changing times of the future. In simpler terms, Article V of the Constitution says that If two-thirds of the Senate and the House of Representatives agree, they can put amendments for the Constitution to vote. Another way amendments could be proposed is if 2 thirds of all the state legislatures agree to present some during a convention. To approve amendments, either ¾ of all the state legislatures must agree or ¾ of conventions convened in each state, based on Congress’ choice. There are two caveats; amendments to the Constitution could not change the 1st and 4th clauses of the 9th section of the 1st Article of the Constitution until 1808. Additionally, amendments could not strip a state of its right to vote in the Senate unless that state would be partial as well. Being able to make amendments to the Constitution allowed for debate between Federalists and Anti-Federalists to be settled by compromising on amendments eventually being added to the Constitution. Leading up to the ratification of the Constitution, there was one principal opinion about making amendments to the Constitution held by some Anti-Federalists. These people, looking to ensure enough power for the states and the people rather than just the central government, supported Article V because, through amendments, a Bill of Rights could be added to the Constitution, guaranteeing basic protections for Americans.
Throughout the more recent history of Article V, some controversy has arisen over whether or not states can rescind their ratifications of certain amendments to the Constitution. Article V does not expressly state that states can do this; however, in the case of amendments like the Equal Rights Amendment (ERA) of 1972, which was never ratified, six states still voted to rescind their ratification. In the case of Coleman v. Miller (1939), the Supreme Court decided it would be at Congress’s discretion to determine whether a state could rescind its ratification, seemingly on a case-by-case basis. In the ERA’s case, it became irrelevant that states rescinded their ratifications because the amendment was not passed before the 7-year limit agreed upon in Congress. However, through countless decisions like Kirchberg v. Feenstra (1981) or J.E.B v. Alabama (1994), the Supreme Court was able to achieve the same effect of the ERA, declaring it unconstitutional for women to be discriminated against by American laws. The ability to make amendments to the Constitution connects to the core values of the Enlightenment Period, in which modifications to the thought of the “old regimes” were necessary for the common people to gain knowledge and a voice for themselves. As such, Historians can view Article V as a reassurance that if changes need to be made to the Constitution to protect the agency of Americans, they can be made, just like the Bill of Rights first did during America’s creation.
Works Cited
American Civil Liberties Union. “Timeline of Major Supreme Court Decisions on Women’s Rights.” In ACLU Women’s Rights Project. Last modified 2023. Accessed May 31, 2023. https://www.aclu.org/wp-content/uploads/legal-documents/101917a-wrptimeline_0.pdf.
Annenberg Classroom. “The Annenberg Guide to the United States Constitution.” Annenberg Classroom. Last modified 2023. Accessed May 31, 2023. https://www.annenbergclassroom.org/constitution/.
Rappaport, Michael B., and David A. Strauss. “Interpretation and Debate: Article V.” National Constitution Center. Last modified 2023. Accessed May 31, 2023. https://constitutioncenter.org/the-constitution/articles/article-v/interpretations/277.