FAQ
If you believe there is a need for an Article V Convention to address one or more serious issues, then the main thing to keep in mind is that there needs to be an Article V Convention.
Making state calls for an Article V Convention that limits the Article V Convention to partisan issues will never succeed.
What must be done is to successfully call an Article V Convention. Partisan issues can be debated at the Article V Convention.
Article V
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 conventions 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.
Why is an Article V Convention necessary?
There are many issues facing this country that can only be resolved through the amendment process. Congress has become hopelessly deadlocked. It no longer can pass needed amendments. The Constitution provides a way for the states to propose amendments through an Article V Convention.
Why hasn’t there been an Article V Convention?
The last thing Congress wants to do is give up any of its power. Congress has not passed any laws defining what state applications, calls, must look like or how they will be evaluated. So, there is nothing to force Congress to seriously consider any state calls for an Article V Convention.
Why must the call be issue-neutral to get to thirty-four?
There are not enough states that will support any partisan call for an Article V Constitutional convention.
Below is a count of trifecta states, those in which one party controls both the legislature and governorship.
Republican controlled states: 23
Democratic controlled states: 17
Divided states: 10
If you add in the states where the legislature has enough one-party control to override a governor of a different party things change slightly.
Republican controlled states + override ability: 27
Democratic controlled states + override ability: 18
Divided states: 5
There is no way an issue-based call can ever get to 34. Republicans would need all five divided states plus two of the democratically controlled states. Democrats have an even more bleak path. Issue-based calls will NEVER get to 34!
Why must the call include a framework for the Article V Convention?
Article V of the Constitution is extremely vague when it comes to details on the Article V Convention. So, there are legitimate concerns about how an Article V Convention would be run and the possible outcomes of the convention. These concerns are addressed in the framework. Addressing these concerns in the call allows for state enforcement of the framework and sets everyone’s expectations on how an Article V Convention will proceed.
Why must states pass the identical call for the Article V Convention?
If thirty-four or more states send an identical call with a framework to Congress, Congress will have no excuse for not calling an Article V Convention. Any variation in the state calls will give Congress an excuse to claim that thirty-four calls have not been received. If Congress fails to call the Article V Convention after receiving thirty-four identical calls the states will have a very strong case to challenge Congress’s inaction in the Supreme Court.
Is an Article V Convention controllable?
The proposed Article V Convention can be controlled through enforcement of the framework built into the call for the Article V Convention. The calling states will have agreed to the framework and each state has control over its delegates. The chair and organizational committee have day to day control of the Article V Convention and can end the Article V Convention if the framework is not followed.
What about a runaway convention?
States are limited to three amendments. State delegations must support their state amendments and vote against amendments that are counter to their state amendments. Ultimately, any amendment approved by the Article V Convention must be approved by thirty-eight state legislatures as a final check on a runaway Article V Convention.
Can calls be limited to specific topics or other limits?
This is a highly disputed topic in Article V Convention discussions. Article V does not address this issue. One thing to consider, federal courts, not the supreme court, have ruled that having a deadline for ratification of an amendment is appropriate in an amendment. Deadlines are not referenced in Article V.
Ultimately if this issue comes up after Congress has received thirty-four identical calls the states will have a very strong case to bring to the Supreme Court.
Why is the District of Columbia included?
The District of Columbia has a population greater than two of the states and the District of Columbia is within the boundaries of the United States. Further the District of Columbia is recognized in the Constitution. Its citizens deserve to have representation in an Article V Convention.
Why isn’t Puerto Rico, U.S. Virgin Islands, American Samoa, and Northern Mariana Islands included?
As territories they have not been included in what is a Constitutionally designed convention of states.
Why three delegates from each state?
To provide better representation of the citizens of each state and to spread the responsibility and weight of making the critical decisions that will be made at the Article V Convention.
Why isn’t the number of state delegates based on state populations?
The United States is a republic of states. States have specific rights in the Constitution. States call for an Article V Convention. States ratify any amendment to the Constitution. It is consistent with Article V that each state has equal representation at an Article V Convention.
While many see this state representation as a problem in the Constitution it has been vital in keeping the states united as one country. Changing the makeup of the Senate or eliminating the electoral college or changing how Article V Conventions are called and run will likely be proposed as amendments but as the Constitution exists today the Article V Convention is a state-oriented body, and each state will have equal representation in the Article V Convention. Without equal representation for each state an Article V Convention is unlikely to ever be called.
Why are elected and appointed officials not allowed to be delegates?
They have been and are part of the problem.
Why are current members of their state government, legislative or executive branches not allowed to be delegates?
The convention will require a significant time commitment from the delegates. Delegates will not be able to properly perform their convention duties or their state duties at the same time. Also see previous question.
Why are delegates elected rather than appointed by the Legislature?
This will hopefully reduce the likelihood of overly politically polarized delegates. Hopefully. Also see previous question.
Why do amendments have to be approved by a sixty percent majority?
This will help to prevent amendments that have little chance of ratification being passed by the Article V Convention. State ratification requires seventy-five percent of the states to approve.
What is a Constitutional Convention, a ConCon, and couldn’t an Article V Convention turn into one and replace the entire constitution?
A Constitutional Convention is what was held in 1787 to write the current constitution. An Article V Convention is what is briefly defined in Article V of the Constitution, “or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments,”. An Article V Convention is limited to proposing amendments. It cannot rewrite the constitution. It could propose amendments that would get close to a rewrite. The odds that sixty percent of the delegates would support such an amendment are very small. The odds that seventy-five percent of the states would ratify such an amendment are infinitesimal. The possibilitiy of a ConCon is used by opponents of an Article V Convention as a scare tactic.