This is part 6 of the 8 part series establishing that the laser-focus of the Compact for America approach to organizing an Article V convention with the specific job advancing and ratifying a pre-drafted, specific federal Balanced Budget Amendment is clearly, unequivocally, and overwhelmingly what the Founders expected from the state-originated amendment process.
On February 7, 1799, James Madison wrote both that the states could ask their senators to propose an “explanatory amendment” clarifying that the Alien and Sedition Acts were unconstitutional, and also that two-thirds of the Legislatures of the states “might, by an application to Congress, have obtained a Convention for the same object.”
This is perhaps the clearest statement by the Founder called by some the father of the Constitution that an Article V application properly organizes an Article V convention to propose a specific amendment. In 1799, Madison defended the legislative declarations of Virginia and Kentucky that the Alien and Sedition Acts were void and unconstitutional. He said they were statements of opinion to which states are entitled. But he didn’t stop there. He emphasized how the states should consider following up their declaration with an Article V application to obtain an Article V convention for the object of proposing an “explanatory amendment” that the Alien and Sedition Acts were unconstitutional.
The modern notion that an Article V convention sets its own agenda and drafts any number of amendments independently of the will of the States as expressed in their Article V application is obviously, manifestly and completely alien to Madison’s expressed public understanding of the process.
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[Originally published at Compact for America]