Article 5 – Amendment
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Cos inventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.
This is how the Constitution is to be changed, through the amendment process in Article 5, not through simple legislation in Congress and the Senate. Certainly there is legislation that Congress can and should pass from time to time. However, there has been a great deal of legislation that is more appropriate for a Constitutional Convention. Defense of Marriage Act, Federal Reserve Act, War Powers Act, Troubled Asset Relief Program, Patient Protection and Affordable Care Act, are just several examples that either should be left to the states, or at the most, should have been handled by a Constitutional Convention. Neither the Republicans or the Democrats are any more guilty than the other when it comes to supporting an unconstitutional process to pass legislation that the Constitution leaves to the individuals or the states. Two of these acts, the War Powers Act, and the Federal Reserve Act, change the roles of the President and Congress by removing areas that they have authority over and passing that authority off to entities that should not have that authority. Does either party offer any plans to change any of these unconstitutional acts? Romney says he will repeal the Patient Protection and Affordable Care Act, but will he replace it with something that is also unconstitutional?
Article 6 – Debts, Supremacy, Oaths
All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution orLaws of any State to the Contrary notwithstanding.
The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.
Article 7 – Ratification
The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.