Legislative Handout Color

Attachment: 4530/Legislator_Handout_Color.pdf

George Mason, for example, “verily believed”

that the federal government would become

“oppressive.” Once this happened, the people

and the states would need a process to keep

the federal government in check.

At the 1787 Constitutional Convention, these

concerns led to the creation of the Article

V convention process, enabling the states to

forcibly rein in the federal government

without

approval from Congress, the president, or

anyone else in Washington. As Alexander

Hamilton put it in Federalist No. 85, “national

rulers… will have

no option

upon the subject.”

The final version of Article V thus gives the same

power to propose constitutional amendments to

Congress and the state legislatures.

So, what exactly does an Article V conven-

tion entail? According to this neglected

constitutional provision, once “two thirds of

the several States” apply for a convention to

propose amendments, Congress “calls” the

convention by setting the time and date for

its initial meeting. Implicit in their power to

apply for the convention is the states’ power

to set its agenda, so two-thirds of the states

must agree on the subject matter.

In the case of the Convention of States

Action application, the topic of amendments

is limited to (1) imposing fiscal restraints

on the federal government, (2) limiting

its power and jurisdiction, and (3) setting

term limits for federal officials. Once the

convention is called, each state legislature

chooses and commissions delegates to

represent it at the convention. Delegates

act as the legal “agents” of their state

legislatures and are completely subject to

their instructions and control.

CONVENTION OF STATES

A SOLUTION AS BIG AS OUR FEDERAL PROBLEMS

TRY AS THEY DID TO ENSURE

that the federal government would always remain

accountable to “We the People,” America’s Founding Fathers suspected that one day
this government of, by, and for the people would forget who it was created to serve.

Continued on back page

Bill No.

Contrary to popular misconceptions, a

convention cannot “rewrite the Constitution.”

Again, Article V merely gives the convention

the same power that Congress has: the power

to

propose

amendments.

Once a majority of the state delegations agree

to an amendment proposal, it goes back to the

states for ratification. Only

after

the proposal

crosses Article V’s 38-state ratification

threshold will the amendment take effect.

And there is nothing Washington can do to

stop it. From beginning to end, this process

is entirely in the hands of the American

people, through their state legislatures.

George Washington once advised, “If in the

opinion of

the people,

the distribution or

modification of the constitutional powers be

in any particular wrong, let it be corrected

by an amendment in the way which the

Constitution designates.”

Convention of States Action, the non-

partisan Article V grassroots movement,

believes our federal government has taken

on too much power–and according to

consistent national polling, two-thirds of

Americans agree with us! So we are hard

at work to use this long-neglected tool

to set things straight. With 19 of the 34

needed states already on board, we are

well on our way.

For more information, visit

ConventionofStates.com

George Washington
once advised,
“If in the opinion of the
people, the distribution
or modification of the
constitutional powers be
in any particular wrong,
let it be corrected by an
amendment in the way
which the Constitution
designates.”

For responses to common fears about the Article V
convention process, watch these short videos:

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