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documents:cosproject:congress_refuse_call [2019/08/14 22:02] – Oliver Wolcottdocuments:cosproject:congress_refuse_call [2019/08/14 22:20] – Oliver Wolcott
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 ====== What if Congress Refuses to Call an Article V Convention? ====== ====== What if Congress Refuses to Call an Article V Convention? ======
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 Some have suggested that Congress might simply refuse to call an Article V Convention of the States, even if it receives 34 applications from state legislatures for a convention. While we agree that Congress is generally disinclined to relinquish its own power (which is precisely why an Article V Convention is necessary), it is a settled matter of constitutional law that Congress **must** call the Convention upon receipt of the requisite 34 applications on the same subject matter. ((See generally, Robert G. Natelson, “Proposing Constitutional Amendments by Convention: Rules Governing the Process,” 78 TENN. L. REV. 693, 733-738 (2011) (citing additional authorities).)) Some have suggested that Congress might simply refuse to call an Article V Convention of the States, even if it receives 34 applications from state legislatures for a convention. While we agree that Congress is generally disinclined to relinquish its own power (which is precisely why an Article V Convention is necessary), it is a settled matter of constitutional law that Congress **must** call the Convention upon receipt of the requisite 34 applications on the same subject matter. ((See generally, Robert G. Natelson, “Proposing Constitutional Amendments by Convention: Rules Governing the Process,” 78 TENN. L. REV. 693, 733-738 (2011) (citing additional authorities).))
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 Alexander Hamilton made it abundantly clear that <wrap hi>Congress cannot block an Article V Convention of the States</wrap> when he wrote, in Federalist 85: Alexander Hamilton made it abundantly clear that <wrap hi>Congress cannot block an Article V Convention of the States</wrap> when he wrote, in Federalist 85:
  
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 [T]he national rulers, whenever nine States concur, will have no option upon the subject. By the fifth article of the plan, the Congress will be obliged “on the application of the legislatures of two thirds of the States [which at present amount to nine], to call a convention for proposing amendments which shall be valid, to all intents and purposes, as part of the Constitution, when ratified by the legislatures of three fourths of the states, or by conventions in three fourths thereof.” The words of this article are peremptory. The Congress “shall call a convention.” Nothing in this particular is left to the discretion of that body. [T]he national rulers, whenever nine States concur, will have no option upon the subject. By the fifth article of the plan, the Congress will be obliged “on the application of the legislatures of two thirds of the States [which at present amount to nine], to call a convention for proposing amendments which shall be valid, to all intents and purposes, as part of the Constitution, when ratified by the legislatures of three fourths of the states, or by conventions in three fourths thereof.” The words of this article are peremptory. The Congress “shall call a convention.” Nothing in this particular is left to the discretion of that body.
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documents/cosproject/congress_refuse_call.txt · Last modified: 2021/02/23 16:14 by 127.0.0.1