Thomas H. Neale
Specialist in American National Government
Article V of the U.S. Constitution provides two methods of proposing amendments. First, Congress, with the approval of two-thirds of both houses, may propose amendments to the states for ratification, a procedure used to propose all 27 current amendments to the Constitution. Second, if the legislatures of two-thirds of the states (34 at present) apply, Congress shall call a convention for considering and proposing amendments. This alternative, known as an Article V Convention, has not been implemented to date. This report examines the Article V Convention method, focusing on contemporary issues for Congress. A companion report, CRS Report R42592, The Article V Convention for Proposing Constitutional Amendments: Historical Perspectives for Congress, examines this procedure’s constitutional origins; reviews the history of 20th century campaigns to call a convention; and provides an analysis of state procedures in the Article V Convention process.
After three decades of inactivity, various contemporary developments could contribute to a renewal of congressional interest in the Article V Convention alternative. The emergence of Internet and social media-driven public policy and issue campaigns has combined with renewed interest in specific constitutional amendments, and the Article V Convention procedure in general, as a means of bypassing perceived policy deadlock at the federal level. The Tea Party Movement, MoveOn.org, and Occupy Wall Street are cited as technology-driven issue advocacy groups that could provide a model for convention advocates. The Article V Convention concept enjoys support from several advocacy groups, and has been the subject of a recent academic conference and a range of “op-ed” articles publicizing the once-obscure alternative.
The Constitution provides only a brief description of the Article V Convention process, leaving many details that would need to be considered if a convention were to become a serious prospect. In the event an Article V Convention movement generated applications approaching the 34-state threshold, Congress would face a range of issues and questions in anticipation of a potential convention summons. Among these would be the following. Is Congress required to call a convention? What constitutes a legitimate convention summons from the states, and what authority does Congress have to decide this question? What sort of convention would it be: “general,” open to consider any issue, or “limited,” confined to a specific issue? Could a “runaway” convention propose amendments outside its mandate? Is Congress required to submit to the states any amendment proposed by an Article V Convention? Does Congress have the authority to establish procedures in anticipation of a convention; how has it addressed this issue in the past? What procedures does Congress follow when it receives states’ applications for a convention? How many delegates should a convention contain? How should the states vote? How long a term should the convention have? Could Senators and Representatives serve on an Article V Convention? Would a simple majority suffice to propose amendments, or is a super-majority appropriate? What would be the role of the District of Columbia, U.S. territories, and other associated jurisdictions? Would the President have any role in the convention?
Notwithstanding the scope of these questions, if it were called on to summon a convention, Congress could consult a wide range of information resources in fashioning its response. These include the original intent of the founders as preserved in the constitutional record; the broad range of scholarly works cited in this report and elsewhere; historical examples and precedents; and the work and products of two decades of serious congressional examination, from the 1970s through the 1990s, of the question of an Article V Convention.
Date of Report: July 9, 2012
Number of Pages: 36
Order Number: R42589
Price: $29.95
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