Article 22 - Article V Process
The Process of an Article V Convention For Proposing Amendments
34 STATE LEGISLATURES APPLY FOR A CONVENTION TO PROPOSE AMENDMENTS ON A SPECIFIED TOPIC
The topics specified in the applications must be the same, in order for them to aggregate.
The topics in the aggregated applications set the agenda for the Article V Convention.
CONGRESS “CALLS” THE ARTICLE V CONVENTION, BY SETTING THE TIME AND PLACE
THE STATES SELECT, INSTRUCT, AND SEND DELEGATES TO THE AMENDMENT-PROPOSING CONVENTION
All states can participate, even those that did not apply.
States select the delegates who will act as their agents at the convention, and instruct them on the scope of their authority.
PROPOSED AMENDMENTS SUPPORTED BY THE MAJORITY OF
STATE DELEGATIONS ARE SENT TO THE STATES FOR RATIFICATION.
CONGRESS SELECTS THE METHOD OF STATE RATIFICATION
PROPOSED AMENDMENTS ONLY BECOME EFFECTIVE IF RATIFIED BY 38 STATES
THE CONSTITUTION IS AMENDED
The restrictions, limitations, and controls on the Article V process include all of the following, acting in conjunction:
The convention’s agenda is set by the 34 state applications (for the Convention of States Project, amendment proposals must “impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office for its officials and for members of Congress”);
The courts could be called upon, if needed, to protect the process at any point (there are abundant precedents demonstrating that, in fact, the courts DO acknowledge and protect the historical Article V procedures);