David Long: President Pro Tempore, Indiana Senate.

PositionFOR THE RECORD - Interview

"There are problems in this country that need to be solved, and the states are in position to do it because Congress can't or won't."

David Long, a Republican senator from Fort Wayne, is the president pro tempore of the Indiana Senate. He is a leading voice in promoting the use of Article V of the U.S. Constitution to convene a convention to amend the U.S. Constitution.

State Legislatures: What is Article V of the U.S. Constitution?

Senator David Long: Article V lays out the process by which the Constitution may be amended. There are two ways to do it. The traditional way we're all familiar with starts with a congressional-driven amendment. It requires two-thirds of both the House and the Senate to pass it and then must be ratified by at least 38 states. That's the way we ended slavery. It's the way we began and ended prohibition. It's the way that women got the right to vote.

But there is a second way, and it starts with a state-driven process, which was inserted because James Madison and others pushed it. They felt strongly that, without a provision for states to utilize, the federal government might get out of control and usurp the limitations placed on it to protect states' rights. Interestingly enough, the fact is, had this not been placed into the Constitution, it would not have been ratified. The founders felt strongly about needing to protect states' rights.

Why has it never been used?

The reason is varied. There have been efforts to amend the Constitution by the states. It's never gotten to the required threshold, which is that 34 states must call for an amendment. If they do, then it goes to Congress to call for--not to approve, but just to call for--a state-driven convention. Congress was used by the founders almost as a post office box. You had to send the petition somewhere and Congress would be the recipient. If 34 states requested an amendment to the Constitution, a convention would be called.

Article V has never been used in the 227 years since 1787. The modern reason is because people are afraid of a runaway convention. They fear there would be no way to control it and we might rewrite the Constitution.

Groups like the Eagle Forum and the John Birch Society on the right are against this. People on the left are opposed to it for various reasons as well.

What is behind the current movement to invoke Article V?

A group of state legislators have banded together. We look at the country today and we think Congress is broken. It...

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