cb_mirror_public:legislative_handout_for_printing_pdf_files_27443

Title: Legislative Handout for printing

Original CoS Document (slug): legislative-handout-for-printing

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Attached File: Legislator_Handout.pdf

Created: 2024-12-13 15:12:31

Updated: 2024-12-13 15:29:26

Published: 2024-12-13 03:00:00

Converted: 2025-04-14T20:23:58.732841909


background image George Mason, for example, “verily believed” 
that the federal government would become 
“oppressive.” Once this happened, the people and 
the states would need a process to keep the federal 
government in check.

At the 1787 Constitutional Convention, these 
concerns led to the creation of the Article V 
convention process, enabling the states to forcibly 
rein in the federal government without approval 

from Congress, the president, or anyone else in 
Washington. As Alexander Hamilton put it in 
Federalist No. 85, “national rulers… will have no 

option upon the subject.”

The final version of Article V thus gives the same 
power to propose constitutional amendments to 
Congress and the state legislatures.

So, what exactly does an Article V convention 
entail? According to this neglected constitutional 
provision, once “two thirds of the several States” 
apply for a convention to propose amendments, 
Congress “calls” the convention by setting the time 
and date for its initial meeting. Implicit in their 
power to apply for the convention is the states’ 
power to set its agenda, so two-thirds of the states 
must agree on the subject matter. 

In the case of the Convention of States Action 
application, the topic of amendments is limited 
to (1) imposing fiscal restraints on the federal 
government, (2) limiting its power and jurisdiction, 
and (3) setting term limits for federal officials. 
Once the convention is called, each state legislature 
chooses and commissions delegates to represent it at 
the convention. Delegates act as the legal “agents” 

of their state legislatures and are completely subject 
to their instructions and control.

Contrary to popular misconceptions, a convention 
cannot “rewrite the Constitution.” Again, Article 
V merely gives the convention the same power that 
Congress has: the power to propose amendments. 

Once a majority of the state delegations agree to 
an amendment proposal, it goes back to the states 
for ratification. Only after the proposal crosses 

Article V’s 38-state ratification threshold will the 
amendment take effect. 

And there is nothing Washington can do to stop it. 
From beginning to end, this process is entirely in 
the hands of the American people, through their 
state legislatures.
 
George Washington once advised, “If in the opinion 
of  the people, the distribution or modification 

of the constitutional powers be in any particular 
wrong, let it be corrected by an amendment in the 
way which the Constitution designates.”

Convention of States Action, the nonpartisan 
Article V grassroots movement, believes our 
federal government has taken on too much power 
and—according to consistent national polling—
two-thirds of Americans agree with us! So we are 
hard at work to use this long-neglected tool to set 
things straight. With 19 of the 34 needed states 
already on board, we are well on our way.

For more information, visit

ConventionofStates.com

CONVENTION OF STATES

A SOLUTION AS BIG AS OUR FEDERAL PROBLEMS

TRY AS THEY DID TO ENSURE that the federal government would always remain 
accountable to “We the People,” America’s Founding Fathers suspected that one day this 
government of, by, and for the people would forget who it was created to serve.

For responses to common fears about the Article V 
convention process, watch these short videos:

Bill No.

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cb_mirror_public/legislative_handout_for_printing_pdf_files_27443.txt · Last modified: 2025/04/14 20:23 by 127.0.0.1

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