Under this provision, at the first session of the First Congress, ten
amendments were submitted to the Legislatures of the several States,
in due time ratified by the constitutional number of States, and
became a part of the Constitution. Since then there have been added to
the Constitution by the same process five different articles.
To secure an amendment to the Constitution under this article requires
the concurrent action of two-thirds of both branches of Congress and
the affirmative action of three-fourths of the States. Of course
Congress can refuse to submit a proposed amendment to the Legislatures
of the several States, no matter how general the demand for such
submission may be, but I am inclined to believe with the senior
Senator from New Hampshire [Mr. BLAIR], in the proposition submitted
by him in a speech he made early in the present session upon the
pending resolution, that the question as to whether this resolution
shall be submitted to the Legislatures of the several States for
ratification does not involve the right or policy of the proposed
amendment. I am also inclined to believe with him that should
the demand by the people for the submission by Congress to the
Legislatures of the several States of a proposed amendment become
general it would he the duty of the Congress to submit such amendment
irrespective of the individual views of the members of Congress, and
thus give the people through their Legislative Assemblies power to
pass upon the question as to whether or not the Constitution should be
amended.
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