The Article V Threshold Has Been Met—Congress Is No Longer the Gatekeeper

By Thomas Llewellyn*

From the beginning, Article V was designed to empower the States, not Congress. In 1787, multi-state conventions were commonplace, so the Constitution did not burden Article V with procedural detail. Congress, busy organizing the new federal government, never created an administrative system to track State Applications—and never has.

Our debt has exploded under both Democrat and Republican administrations.

Today, that omission no longer excuses inaction. Digitized State and federal archives reveal more than 400 Article V Applications. Early calls were often “open,” allowing delegates to address any subject a majority deemed necessary. Later Applications specified subjects or even suggested amendment language. None of this limits a Convention’s authority; final decisions always rest with the delegates.

When Applications are properly aggregated by subject—with deference to the States and no discretion left to Congress—the record is clear. On the issue of federal fiscal responsibility, the 34-state threshold was reached in 1979, with 39 qualifying Applications. Subsequent Applications from Alaska, Michigan, and West Virginia raise the total to 42.

Once the threshold is met, rescissions are legally irrelevant. Allowing rescissions to undo a valid call would let Congress delay indefinitely until States changed their votes. The Supreme Court made this clear in Dillon v. Gloss (1921): the date the threshold is achieved “controls” and confers legal authority. Any later congressional “call” is merely administrative—ceremonial, even.

The conclusion is unavoidable. The States have already earned the right to an Article V Convention. It must be announced immediately.

The question to all of America’s State legislators is simple:

“Which State will host the first Article V Convention of States?”

Is your State the one that will take the lead and go down in history?

 

*BIO – Thomas Llewellyn is a lifelong advocate for fiscal policy reform and Constitutional integrity. He is editor of Fix The Debt Gazette, a founding member of STOP Inflating US and the Federal Fiscal Responsibility Foundation.