II’s Article V Information Center has just issued a law report concluding that the “Compact for America” approach to amending the Constitution is, unfortunately, almost wholly unconstitutional. As such it invites litigation, and there is a very high probability the courts would invalidate it—just as during the 1980s and 1990s they struck down amendment plans based on similar principles.
We find the conclusion disappointing, because we encourage a variety of approaches. But in this instance, when state lawmakers and others have been contributing their time, support, and money to the “Compact,” we thought public disclosure important. Efforts to persuade the “Compact” leadership to conform their plan to existing law have not been successful.
