Frequently Asked Questions

Was Supreme Court Justice Antonin Scalia Against an Article V Convention?

There are some groups claiming that Justice Scalia had concerns about an Article V Convention.  In particular, Phyllis Schlafly’s Eagle Forum organization is making these false claims. 

These claims are patently false.  A succinct answer to this question can be found here.

An Article V convention is a convention called by the state legislatures for the purpose of proposing amendments to the Constitution. They are given power to do this under Article V of the Constitution. It is not a constitutional convention. It cannot throw out the Constitution because its authority is derived from the Constitution.

We explain an Article V convention further here.

Thirty-four state legislatures must pass a resolution called an “application” calling for an Article V convention. The applications must request an Article V convention for the same subject matter. The applications are delivered to Congress.

No. As long as each states applies for a convention that deals with the same issue (i.e., limiting the power and jurisdiction of the federal government), Congress must call the convention. Congress can name the place and the time for the convention to begin. If it fails to exercise this power reasonably, either the courts or the states themselves can override Congressional inaction.

No. The Founders made this very clear. Once 34 states apply, Congress has no discretion whether to call a convention and no control over the delegates (see Federalist No. 85, see paragraph beginning “In opposition to the probability…”). George Mason proposed to add the convention provision to Article V because he thought Congress had too much control over the amendment process. The Framers unanimously agreed with him. It makes no sense to interpret Article V to give more power to Congress, when the whole point was to take power away.

This claim that Congress gets to choose the delegates also goes against common sense. Just because one party “calls” a convention, doesn’t mean it gets to choose the delegates for the other parties. Think about it. Virginia called the Philadelphia Convention of 1787. Did it get to choose the delegates for Massachusetts? Of course not. Massachusetts did. Each state chooses its own delegates; it doesn’t matter who calls the convention. This is Agency law 101 and basic common sense.

States are free to develop their own selection process for choosing their delegates—properly called “commissioners.” Historically, the most common method used was an election by a joint session of both houses of the state legislature.

Rob Natelson explains this further in his handbook (page 14).

Commissioners from each state propose, discuss, and vote on amendments to the Constitution. All amendments the convention passes by a simple majority of the states will be sent back to the states for ratification. Each state has one vote at the Convention. If North Carolina sends seven commissioners and Nebraska sends nine, each state must caucus on each vote. North Carolina’s one vote would be cast when at least four of its commissioners agreed. Nebraska’s vote would be cast by the agreement of at least five of its commissioners.

Thirty-eight states must ratify any proposed amendments. Once states ratify, the amendments become part of the Constitution. Normally, Congress designates the state legislatures as the ratifying body—but it may choose to have the states call ratifying conventions. If so, an election by the people would be held in each state to choose delegates to the ratifying conventions.

Interstate conventions were common during the Founding era, and the procedures and rules for such conventions were widely accepted. Thus, we can know how an Article V convention would operate by studying the historical record. Dr. Rob Natelson has done extensive research on this topic, and more details can be found here and here.

Yes. The ratification process ensures no amendments will be passed that do not reflect the desires of the American people. In addition to this, there are numerous other safeguards against a “runaway convention,” all of which can be found in the Handbook.

You can also watch this video, or read page 17 of Prof. Rob Natelson’s handbook.

Yes. The text, history, and purpose of Article V all point to the ability of the states to limit a convention to the consideration of a single topic or set of topics.

Click here for a more detailed explanation.

When the Founders wrote the Constitution, they did not anticipate modern-day politicians who take advantage of loopholes and vague phraseology. Even though it is obvious to all reasonable Americans that the federal government is violating the original meaning of the Constitution, Washington pretends otherwise, claiming the Constitution contains broad and flexible language. Amendments at an Article V convention today will be written with the current state of the federal government in mind. The language they use for these amendments will be unequivocal. There will be no doubt as to their meaning, no possibility of alternate interpretations, and no way for them to be legitimately broken. For example, the General Welfare Clause could be amended to add this phrase: “If the States have the jurisdiction to spend money on a subject matter, Congress may not tax or spend for this same subject matter.”

In addition to this, it should be noted that the federal government has not violated the amendments passed in recent years. Women’s suffrage, for example, has been 100% upheld.

Citizens for Self-Governance (CSG) is the parent organization of the Convention of States Project.  They provide the resources and experience necessary to make this project a success.  The CSG mission is as follows:

“Self-governance must be restored across America.  Citizens for Self-Governance will elevate awareness and provide resources, advocacy, and education to grassroots organizations and individuals exercising their rights to govern themselves.”

CSG sees the COS Project as a means by which they can accomplish this mission.

Visit their website at www.selfgovern.com.

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