More legislators are asking about Article V as a way of repairing the DC damage.

By Mike Kapic – February 13, 2022

Much is happening across the country as states legislatures rush to fill their coffers with new laws. They’re also negotiating and voting on resolutions that affect national policies that don’t includ the governor, Congress, or President in the process. States have been regionally regulating banking & water, electing the president, and proposing and ratifying amendments to the Constitution since 1788.

Some seem to forget that the states established the federal government by their design of Constitution in 1788.

The Constitution allow and the Federalist Papers suggest that the states have certain powers through the concept of federalism; “State Legislatures will jealously and closely watch the operations of this Government” noted Madison; the states themselves have standing to uphold the Constitution, guarantee a republican form of government, challenge any of the three branches, among other responsibilities.


  • Sponsor Utah Rep. Ken Ivory introduced HJR009, Demanding Congress Call an Article V Convention of States to propose fiscal restraints on the federal government toward achieving a balanced federal budget. In addition, the resolution requires Congress to set the a date and place; that ratification of any proposed amendment be by state convention; that the state of Nevada met the threshold in 1979; that legislatures of 39 states had made application for an Article V convention imposing fiscal restraints on the federal government; that the 1979 debt has increased 36x over 43 years; that upon receipt of this resolution, Congress will, within 60 calendar days, call a convention within 2022; that legal action be undertaken (a mandamus suit) if Congress fails to call within the 60 days of receiving the resolution; UT calls on other states to apply with a similar application; that this resolution be submitted to UT political leaders including the attorney general of all states.
  • Sponsor South Carolina Sen. Rex Rice introduced S1006 conveying the same language as Utah’s.
  • With UT and SC passing the resolution, the 2/3 requirement would have been met…again. So, this time, the states are going to sue Congress for dereliction of its duty. A double whammy.
  • Opening of the convention doors in 2022 will trigger a return to the pattern of state conventions during the Founding Period (1750-1790) which met, on average, every 3 ½ years and sometimes three times in one year.
  • The effort to reach the 2/3 threshold has been led by Let Us Vote for BBA co-founders David and Susie Biddulph.
  • Several state legislatures last year rescinded their Article V applications including CO and NJ.
  • The Convention of States Action has met the halfway mark with the addition of two more states. This organization is to be commended for its achievements in assembling these 17 states in a short amount of time compared to efforts over the last 70 years.
  • Other groups such as BBA Task Force, Wolf Pac, America Promise, and US Term Limits continue to work legislatures valiantly across the country. They are all helping to advance the idea that states can impact the national government by proposing amendments to the Constitution.
  • As federalism expands and takes on a more active role in our governance, activist groups are stepping up to lead American citizens in returning their Nation to Nature’s God and to the consent of the governed, as the Founders had intended.
    • The Biddulph’s engineered a new concept of meeting with the legislators to explain how Article V functions and to participate in discussions. It is known as the Article V Academy and two held live and virtually in 2021. Academy 1.0 was with ALEC in Salt Lake City in the July. Academy 2.0 was in San Diego in December. Academy 3.0 is being planned for August 2022 in Denver CO.
    • The PCC or Phoenix Planning Convention was an offshoot of the 2017 convention of states held in Phoenix AZ. There were 19 states with over 100 legislators in attendance. The PCC leadership is updating its federalism focus and mission. Stay tuned.
    • Organizations such as the NLCS (National Conference of State Legislatures), ALEC (American Legislative Exchange Council) are actively participating in federalism.
    • AMAC Action (Association of Mature American Citizens), a thorn in the side of DC Progressivism, continues to broaden its appeal at the local grassroots level.

Possible Future Repairs

There are many more potential repairs necessary through the convention process to return this country back to the consent of the governed. For instance:

  • A balanced budget amendment (see above)
  • Imposition of Generally Accepted Accounting Principles (GAAP) for Government Accounting
  • Term limits on all fed employees including Congress and Justices.
  • A single subject amendment – limiting congressional bills to a single subject
  • A redefinition of the General Welfare Clause back to original intent
  • A redefinition of the Commerce Clause back to original intent
  • A prohibition on using international treaties and law to govern the domestic law of the United States
  • A limitation on using Executive Orders and federal regulations to enact laws
  • Placing an upper limit on federal taxation
  • Requiring a super-majority vote for all tax increases
  • A religious freedom amendment, prohibiting the government from further interference with our religious freedoms
  • Regulatory curtailment by forcing Congress to vote on regulations instead of deferring law making to regulators
  • Countermand or Power Check amendment for the states to void/nullify a law, E.O. or ruling by anyone of the three branches.
  • Require SCOTUS to remove such doctrines as ‘deference,’ and ‘substantive.’
  • Set the number of justices on the SCOTUS bench
  • Repeal the 17th amendment, return the senate vote to state legislatures
  • Repeal the 16th amendment, remove your income as a tax revenue resource for the government.
  • …and the repair list continues…

As Constitutional scholars and historians enter retirement, America’s need for replacements becomes paramount. The Article V movement requires new, young professionals with an interest in America’s future security. Now Hiring…apply within.

Suggested Resources:

Ken Ivory, UT House of Representatives, Where’s the Line: How States Protect the Constitution

Timothy Dake, Far From Unworkable: Fears, Facts, FAQ’s and Court Findings for an Article V Convention

Dustin Romney, Rule of Law: Why and How We Must Amend the Constitution

Michael Kapic, Conventions That Made America: A Brief History of Consensus Building


The people have a deeper trust in federalism than in national governance. To accept the mantra that Article V is dangerous, that we should be using Article VI instead, suggests that the opposition has more faith and confidence in the central federal government than they do in their local governments. The people’s state representatives are accessible and live in our neighborhoods as compared to the inaccessible elites in Washington DC.” – Michael Kapic

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