Why It Is Safe

An article v convention is the safest means by which we can preserve our liberty

Historical precedent, strict ratification requirements, legal safeguards, and the absence of any past runaway conventions ensure a controlled and lawful process.

Model Rules

The Fear

THE “runaway convention” objection

The most common objection to an Article V convention is called the “runaway convention” objection.

It envisions a doomsday scenario in which delegates disregard the original issue, rewrite the Constitution, and change the entire American system of government. While this initial response is understandable, it is based on fear and misinformation.

Here are the facts:

There is a clear, strong single-subject precedent that would almost certainly be declared binding in the event of a court challenge

There have been over 400 applications from state legislatures for an Article V convention in the history of the Republic. No such convention has ever been called because there has never been an application from two-thirds of the states for the same subject. In addition to this, there is a huge amount of historical precedent that limits interstate conventions to a particular subject. 

Ratification of any proposed amendment requires the approval of 38 states

It only takes 13 states to vote “no” to defeat any proposed amendment, and the chances of 38 state legislatures approving a rogue amendment are effectively zero.

Improper changes to the process can be legally challenged by state legislators

Courts have held that Congress acted unconstitutionally when it changed the rules of the process in midstream. See, Idaho v. Freeman, 529 F.Supp. 1107 (D.C. Idaho 1981) (vacated on the ground of mootness.) CSG’s Senior Fellow for Constitutional Studies, Michael Farris, was lead counsel for Washington state legislators in that litigation—the last major Article V case in U.S. history.

There is absolutely no historical precedent for a runaway convention

Many opponents of a convention of the states make the historically false allegation that our Constitution was adopted as the result of an illegal runaway convention. Such an argument was invented by the enemies of the Constitution and is unsupported by historical fact.

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