The Constitution's Article V, Not the 10th Amendment, Gives State Legislatures Their Power in the Amendment Process

Some advocates of a convention for proposing amendments are endangering the Article V movement by claiming the states can use the Tenth Amendment to control the convention process. They are doing so even though the judiciary, including the U.S. Supreme Court, has held that state legislatures’ Article V powers come from the Constitution directly, not from the Tenth Amendment. We have been down this road before: During the 1980s and 1990s, balanced budget and term limits activists adopted procedures based on the Tenth Amendment. The courts voided those procedures repeatedly. Those resting new campaigns on the Tenth Amendment risk the same fate. They could set back the Article V process for decades, just as judicial defeats in the 1980s and ’90s stalled it for over 20 years. Here’s the constitutional law background: The Tenth Amendment provides that “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States,...(Read Full Article)