The States have a long history of meeting in conventions that include the formation of the current Constitutional design and codifying that SOP into Article V.

By Michael Kapic – January 7, 2025

It is surprising that we’ve come 237 years since ratification of the U.S. Constitution and yet there are portions of the document that we don’t understand. Take for example Article V’s decree, “Congress […] shall call a convention for proposing amendments, […].

However, it appears scholars, historians, lawyers, politicians, and pundits can’t decide what the statement means. They suggest Congress must vote on the state applications, or Congress must approve the wording of applications, or Congress can restrict what the States are apply for, or that it will immediately runaway, etc. As if Congress plays a role in any of the proceedings other than announcing it.

But they, collectively, have no argument with Congress Proposing any amendment they want. Congress has attempted to propose changes to the Constitution nearly 14,000 times since 1788’s ratification. They have succeeded 33 times of which the States have approved only 27; a 0.2% success record.

The Constitution’s Article V gives equal authority to both the States and Congress to propose amendments.

The States have attempted over 450 applications and have mostly been ignored by Congress. At times the states approached the 2/3 threshold, but Congress stepped in and took over the process. The states have, in fact, met their threshold five times since 1908 and Congress has ignored us.

So, to achieve a general understanding, let’s break down the elements of the line: “Congress […] shall call a convention for proposing amendments, […].

“Congress” is made up of two distinct bodies plus administrative support. Each house of Congress has its administrative support (i.e. Parliamentarian) and access to independent federal agencies (i.e. Archivists).

Next, consider “a convention for proposing amendments.”  Both States and Congress have equal authority in Article V to perform a constitutional act. Both are allowed to Propose changes to the Constitution.

First the word, “shall”. From Merriam-Webster: a verb used to express what is inevitable or seems likely to happen in the future and also used in laws, regulations, or directives to express what is mandatory.

Second, “call”. From Merriam-Webster: a transitive verb used to announce or read loudly or authoritatively.

How do constitutional acts become final. For example:

  • Federal laws are consummated upon the signature of the Executive.
  • The election of the President is consummated when the Senate and House count and certify the Electoral College vote identifying the President-elect.
  • The ratification of any amendment is consummated when the last state legislature or states in convention reach ¾ of the states.

What About the States Requesting an Announcement or Call from Congress?

The Supreme Court has ruled that the completion of the ratification process occurs when the last state legislature votes or consummates its constitutional authority in Dillion v Gloss (1921).  “Its ratification, of which we take judicial notice, was consummated January 16, 1919. That the Secretary of State did not proclaim its ratification until January 29, 1919, is not material, for the date of its consummation, and not that on which it is proclaimed, controls.” Mr. Justice Van DeVanter in Dillon v. Gloss256 U.S. 368 (1921).

The principle of stare decisis, utilized for example by Congressional Parliamentarians, strives for consistency of legal precedent. Since Congress has never made an Article V “shall call” and the Court has ruled on a states like act in Dillion v. Gloss (1921), the states had consummated their two-third threshold in Nevada in 1979. That act compels Congress to mirror the precedents validated by the ratification process and announce the states call for a convention.

Conclusion

The call identified in Article V is simply an announcement or affirmation of the state’s completion of their required application threshold of a constitutional act.

“The foundation of authority is laid firstly in the free consent of people.” – Reverend Thomas Hooker; 1638, early CT settler.

Article V Taskforce