It’s simple, really: An Article V convention is a meeting of the states to propose amendments to the U.S. Constitution.
Per Article V of the American charter, it is one of two ways that the Constitution allows amendments to be proposed. Congress can propose them, or state legislatures can start the process that leads to a convention of the states. Either way, at least 38 states must approve a proposed amendment before it becomes part of the Constitution.
That difference between proposing a change and making it law is central to understanding Article V. A convention of the states is merely one step in a larger process, not the final word.
Here are five things to know about how that process works.
1. It starts with applications from at least 34 states
An Article V convention begins in state legislatures. At least two-thirds of them, or 34 states, must apply to Congress before Congress is required to call the meeting. Each legislature passes a resolution known as an application.
Passing an application does not approve an amendment or even propose one. It simply requests that Congress call a meeting so that the states can discuss and propose changes to the Constitution.
2. State legislatures choose and instruct their representatives
The people who represent states at the meeting are called commissioners. Sometimes these commissioners are also referred to as delegates. Who selects these commissioners? The various state legislatures choose their commissioners and give them instructions for their work.
States can develop their own selection methods. A legislature might choose commissioners through a vote in a joint session, where members of both legislative chambers meet together. It is important to keep in mind that the commissioners then represent their state, not themselves individually.
The instructions that commissioners receive are vital because a meeting of the states is called for a specific and limited purpose. Commissioners work within the subjects listed in the applications that brought the convention together in the first place. They are not being sent to hold a general meeting about every issue facing the country.
3. Commissioners can debate and propose amendments, not change the Constitution themselves
Article V calls this gathering a “Convention for proposing Amendments.” The key word is proposing. Commissioners can discuss ideas, debate the wording of potential amendments, and vote on which proposed amendments to send to the states.
They cannot make those proposals part of the Constitution on their own. A convention’s approval would move an amendment to the next stage, not put it into effect.
Think of the convention as the place where a proposal takes shape. The states would still have to decide whether that proposal should become part of the nation’s highest law.
4. Each state receives one vote under the Convention of States model
At an Article V convention of the states, each state has one vote. A state could send several commissioners, but sending more people would not give it more votes. A larger state would not receive extra voting power because of its population.
That is the one-state, one-vote approach to a meeting of the states. Each state is an equal participant.
5. Any proposed amendment still needs approval from 38 states
Once an Article V convention concludes, any amendment or amendments from the convention that were agreed upon must go through ratification, which means formal approval. At least three-fourths of the states, or 38, must ratify it before it becomes part of the Constitution.
Congress chooses between two ratification methods: approval by state legislatures or approval by special conventions held in the states. Either method requires the same 38-state threshold.
Approval or support by the commissioners of an Article V convention alone is never enough.
Understanding Article V starts with knowing who does what and what an Article V convention can and cannot do: Legislatures apply, commissioners propose, and states decide whether to ratify.
Learn more about Convention of States Foundation and our approach to this constitutional process.