Truth Vs. Fiction

Attachment: 1422/Truth_vs_Fiction_Correcting_False_Claims.pdf

Truth vs. Fiction:

Correcting False COS Claims

False Claim:

An Article V convention is a ‘Constitutional Convention;’ in other words a ‘Con-Con.’

Truth: This is No Con. It’s an ‘amendments convention.’ It is wrong to imply an Article V convention

held today would mirror the 1787 Philadelphia convention that produced the U.S. Constitution. The

states that gathered then had individual supreme political powers. They were not bound to any Articles

of Confederation procedures or guidelines for proposing amendments. Today, an Article V convention

has limits, which are rooted in Article V of the U.S. Constitution. An Article V convention is limited to

only proposing amendments to the existing Constitution.

(For further information, a comprehensive article by

Michael Farris was published in the Harvard Journal of Law and Public Policy and refutes the idea that the 1787 Constitutional

Convention was a “runaway” convention.

Download and read it here

.)

False Claim:  Convention delegates could rewrite the entire Constitution.

Truth: No rewrite; only proposed amendments. The goal of the Convention of States Project is firm –

holding an Article V convention to propose amendments to the U.S. Constitution. These amendments

have one purpose – limiting the power and jurisdiction of the federal government. The convention topic

is limited to this one purpose and state legislatures provide specific instructions to their representative

delegates to adhere to this restriction. Potential amendments appropriate under this one purpose could

include a balanced budget amendment and term limits on Congress and federal judges.

False Claim: Holding an Article V convention is unprecedented.

Truth: Clear precedent has been established. Since 1787, 33 interstate conventions have been held in

the United States – each with a specified topic or meeting agenda. Thus, there’s a clear standard for

how these meetings work. At interstate conventions, voting always is done as individual states – each

has one vote, regardless of population or number of delegates in attendance. That’s why it’s a

convention of states – not a convention of delegates.

False Claim:  Only Congress has the authority to amend the Constitution.

Truth: Article V of the U.S Constitution states: “The Congress, whenever two thirds of both houses

shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the

legislatures of two thirds of the several states, shall call a convention for proposing amendments, which,

in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the

legislatures of three fourths of the several states, or by conventions in three fourths thereof. . .”

False Claim: The Article V convention process has no safeguards.  It won’t protect our Constitution

                      from rogue delegates or special interest groups.

Truth: Significant process safeguards exist to prevent corruption. They include:

1)  The Limited Scope of an Amendments Convention

The 34 state applications that trigger an Article V convention act as an initial limitation to corruption.

All state applications have one specified topic – limiting the scope and jurisdiction of the federal

government. When Congress exercises its mandatory duty to call the convention, it follows the state

applications and specifies scope. Any proposals beyond this would be out of order.

2)  Restrictions on Commissioner Authority

Each state delegation is chosen by and directed by its state legislature. State legislatures can recall

commissioners who exceed their authority or instructions. Any actions taken outside a

commissioner’s scope of authority are void.

3) State Voting Requirements –

It is a requirement that 38 states ratify

any

amendment proposed by the convention while only 13

states are needed to block any ill-conceived or illegitimately advocated proposal. The convention

cannot change the method of ratification. Additionally, the U.S. Supreme Court has stated that an

Article V amendments convention is empowered by the U.S. Constitution and subject to its rules.

(Further information:

The Process of an Article V Convention

.)

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Created:	2019-03-07 15:43 GMT
Updated:	2020-03-08 00:00 GMT
Published:	2019-03-07 11:44 GMT
Converted:	2025-11-11 12:12 GMT
Change Author:	Joan McDermott
Credit Author: