Convention to propose amendments to the United States Constitution

A convention to propose amendments to the United States Constitution, also referred to as an Article V Convention, state convention,[1] or amendatory convention is one of two methods authorized by Article Five of the United States Constitution whereby amendments to the United States Constitution may be proposed: on the Application of two thirds of the State legislatures (that is, 34 of the 50) the Congress shall call a convention for proposing amendments, which become law only after ratification by three-fourths of the states (38 of the 50). The Article V convention method has never been used; but 33 amendments have been proposed by the other method, a two-thirds vote in both houses of Congress; and 27 of these have been ratified by three-fourths of the States.[2] Although there has never been a federal constitutional convention since the original one, at the state level more than 230 constitutional conventions have assembled in the United States.[3]

While there have been calls for an Article V Convention based on a single issue such as the balanced budget amendment, it is clear a convention summoned in this way would be legally bound to limit discussion to a single issue; but law professor Michael Stokes Paulsen has suggested that such a convention would have the "power to propose anything it sees fit",[4] whereas law professor Michael Rappaport[5] and attorney-at-law Robert Kelly[6] believe that a limited convention is possible.

In recent years, some have argued that state governments should call for such a convention.[7][8] They include Michael Farris, Lawrence Lessig, Sanford Levinson, Larry Sabato, Jonathan Turley, Mark Levin, Ben Shapiro, and Greg Abbott.[7][9][10][11][12] In 2015, Citizens for Self-Governance launched a nationwide effort to require Congress to call an Article V Convention, through a project called Convention of the States, in a bid to "rein in the federal government".[13][14] As of 2024, CSG's resolution has passed in 19 states.[15] Similarly, the group Wolf-PAC chose this method to promote its cause, which is to overturn the U.S. Supreme Court's decision in Citizens United v. FEC. Their resolution has passed in five states.[16]

In late 2023, The Heritage Foundation issued a report titled Reconsidering the Wisdom of an Article V Convention of the States.[17]

Organizations opposed to an Article V convention include the John Birch Society, the Center on Budget and Policy Priorities, Eagle Forum, Common Cause,[18] Cato Institute,[19] and the Ron Paul Institute for Peace and Prosperity.[20] Law Professor emeritus William A. Woodruff has pointed out that James Madison, the Father of the Constitution, a member of the Virginia legislature, a delegate to the Philadelphia Convention, and a delegate to the Annapolis Convention that recommended what became the Philadelphia Convention, was opposed to an Article V convention to consider adding a bill of rights to the Constitution.[21] When asked whether a convention should be called to consider a bill of rights, Madison said, "Having witnessed the difficulties and dangers experienced by the first Convention which assembled under every propitious circumstance, I should tremble for the result of a second . . . . "[21] Woodruff urges state legislators who are asked to vote in favor of an application to Congress to call an Article V convention to carefully consider the knowns and unknowns of the convention method before opening Constitutions to a series of unintended consequences.[21]

  1. ^ Davis, Kenneth C. (2003). Don't Know Much About History: Everything You Need to Know About American History but Never Learned (1st ed.). New York: HarperCollins. p. 596. ISBN 978-0-06-008381-6.
  2. ^ "The Constitutional Amendment Process". The U.S. National Archives and Records Administration. Retrieved November 17, 2015.
  3. ^ Weber, Paul; Perry, Barbara (1989). Unfounded Fears: Myths and Realities of a Constitutional Convention. p. 81.
  4. ^ Korte, Greg. "Balanced budget amendment push sparks debate", USA Today (November 29, 2011).
  5. ^ Rappaport, Michael. "The Constitutionality of a Limited Convention: An Originalist Analysis", Constitutional Commentary, Vol. 81, p. 53 (2012).
  6. ^ Kelly, Robert. "An Article V Convention Can Be Limited". Convention of States. Retrieved March 21, 2016.
  7. ^ a b James O'Toole (December 12, 2011). "Constitutional convention call gains traction". Pittsburgh Post-Gazette. Archived from the original on July 28, 2020. Retrieved December 14, 2011. Article V of the Constitution, however, in the same section that set up that procedure, set forth the legal possibility for the legislatures of two-thirds of the states to instruct Congress to call a constitutional convention, a mechanism, in the view of some government critics, whose time has come.
  8. ^ Gregory Korte (November 29, 2011). "Balanced budget amendment push sparks debate". USA Today. Retrieved December 14, 2011. Some supporters of a balanced budget amendment to the Constitution are turning to a method last used by the founding fathers: A constitutional convention.
  9. ^ Christopher Shea (November 2, 2011). "Time for a Constitutional Convention?". Wall Street Journal. Retrieved December 14, 2011. As you might guess, they're coming at the issue from different angles, but they and other conference attendees shared a frustration with the current structure of the government (or recent Supreme Court decisions, or both).
  10. ^ Turley, Jonathan (February 11, 2010). "Real political reform should go beyond campaign finance". Los Angeles Times. Retrieved March 8, 2012.
  11. ^ Proposed Amendment by Governor Greg Abbott of Texas (Retrieved May 15, 2018)
  12. ^ (Retrieved June 9, 2018)
  13. ^ Sherfinski, David (February 2, 2015). "Virginia weighs joining convention of states effort to rein in federal powers". Washington Times. Retrieved February 25, 2015.
  14. ^ "Nebraska wins! State legislature becomes 17th nationwide to call for Convention of States".
  15. ^ "Progress Map: States that have passed the Convention of States Article V application".
  16. ^ Bogdan, Jennifer (June 20, 2016). "At R.I. State House, Wolf-PAC lobbyists made late push". Providence Journal. Retrieved April 10, 2017.
  17. ^ Malcolm, John (October 27, 2023). "Reconsidering the Wisdom of an Article V Convention of the States". The Heritage Foundation. The Heritage Foundation. Retrieved February 12, 2024.
  18. ^ H. Neale, Thomas (November 15, 2017). "The Article V Convention to Propose Constitutional Amendments: Current Developments" (PDF). fas.org. Congressional Research Service. Retrieved May 6, 2021.
  19. ^ Olson, Olson (January 12, 2016). "An Article V Constitutional Convention? Wrong Idea, Wrong Time". Cato Institute. Retrieved February 23, 2022.
  20. ^ Dick, Adam (May 8, 2017). "A New Constitutional Convention?". Ron Paul Institute for Peace and Prosperity. Retrieved February 23, 2022.
  21. ^ a b c Woodruff, William. "Caution and the Constitution: Should There Be an Article V Convention for Proposing Amendments? 17 Charleston L. Rev. 27 (2022)". Charleston Law Review. 17: 27–94.

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