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| Article V convention for proposing amendments | |
|---|---|
| Name | Article V convention for proposing amendments |
| Location | United States |
| Outcome | Proposal of constitutional amendments |
Article V convention for proposing amendments is a mechanism in the United States Constitution for proposing amendments when two-thirds of state legislatures apply for a convention. The clause appears in the text written at the 1787 United States Constitutional Convention and ratified by the United States Constitution in 1788; it sits alongside the congressional proposal route used for most modern amendments. The convention option has been invoked in political discourse by groups including League of Women Voters, AARP, and activist coalitions but has never been used to propose a successful amendment.
The relevant provision is Article V of the United States Constitution, drafted at the Philadelphia Convention and ratified by the state ratifying conventions. Article V specifies two pathways: proposal by two-thirds of both houses of the United States Congress or by a convention called on application of two-thirds of the state legislatures. The framers debated amendment mechanisms during deliberations that involved figures such as James Madison, Alexander Hamilton, and George Washington. Article V’s text emerged from compromises reflected in the Connecticut Compromise and drew on amendment practice from state constitutions like the Massachusetts Constitution and the Virginia Declaration of Rights.
Early republic practice included amendments proposed by Congress of the Confederation measures and state constitutional conventions in the post‑Revolutionary period. The only successful use of a convention under the Articles of Confederation was never replicated under Article V; instead, the first ten amendments—the Bill of Rights—were proposed by United States Congress action in 1789. Historical actors relevant to Article V debates include the Federalist Party, Anti-Federalists, and later reform movements such as the Progressive Era activists. Scholarly precedent examines the Ratification of the United States Constitution process, citing episodes like the Nullification Crisis and the Seventeenth Amendment movement as analogous political pressures. State-level conventions under state constitutions (e.g., New York Constitutional Convention (1821), California Proposition system) inform interpretations of procedural precedent.
Article V requires applications from two-thirds of state legislatures—currently 34 of the 50 states—directed to Congress to call a convention. Relevant institutions include the United States House of Representatives, the United States Senate, and state legislatures such as the New York State Legislature and the California State Legislature. Historical and contemporary applications reference state actions in West Virginia, Texas, Florida, South Carolina, and others. Congress’s administrative roles invoke officers including the Speaker of the United States House of Representatives and the President pro tempore of the United States Senate when setting time and place. Legal doctrines debated invoke matters litigated before the Supreme Court of the United States and statutes enacted by the United States Congress governing federal procedure.
Questions about a convention’s scope implicate rules of procedure, delegate apportionment, and credentials. Scholars compare models from the Federal Convention (1787), state constitutional conventions such as the Pennsylvania Constitutional Convention (1776), and international constitutional assemblies like the Constituent Assembly of India. Delegate selection proposals have referenced party organizations like the Democratic Party and the Republican Party, civic bodies such as the NAACP and the League of Women Voters, and state election laws administered by secretaries of state (e.g., Secretary of State of Texas, Secretary of State of New York). Procedural rule sources include parliamentary authorities like Jefferson's Manual and judicial oversight cases decided by the Supreme Court of the United States.
Litigation potential centers on justiciability, enforceability, and judicial review. Key litigants and institutions in disputes might include state governments (e.g., State of New York), advocacy groups like Common Cause and the American Civil Liberties Union, and federal actors such as the United States Congress and the Supreme Court of the United States. Landmark jurisprudence on justiciability (e.g., cases involving insurrection, secession, or procedural standing) is often compared to potential Article V litigation. Political debates involve national actors such as presidential administrations (e.g., President of the United States offices), members of Congress, and state governors like the Governor of Texas or the Governor of California.
Various movements have advanced Article V applications: balanced budget advocates citing Constitution of the United States Amendment proposals, term-limits campaigns linked to activists associated with U.S. Term Limits, Inc., and campaign finance reform proponents connected to Move to Amend and litigation following Citizens United v. Federal Election Commission. Other proposals include amendments concerning the Equal Rights Amendment revival efforts, electoral college reform with proponents from states like Colorado and Montana, and emergency power constraints invoked after events like the September 11 attacks and debates during the Presidential administrations of George W. Bush and Barack Obama.
An Article V convention could propose amendments altering federal institutions including congressional representation and presidential powers, with ratification by three-fourths of state legislatures or conventions (currently 38 states). Impacts would involve constitutional doctrines adjudicated by the Supreme Court of the United States, potential interstate coordination among entities like the National Governors Association and the National Conference of State Legislatures, and interactions with federal statutes enacted by the United States Congress. Political outcomes could reshape party dynamics involving the Republican National Committee and the Democratic National Committee, influence campaigns by organizations like the Heritage Foundation and the Brookings Institution, and prompt new litigation before federal courts including district courts and circuit courts of appeal.