Article V Convention: History and Growing Momentum

Introduction to Article V and Its Significance

Article V of the U.S. Constitution outlines two methods for amending the Constitution. The first method – used for all 27 amendments so far – is for Congress to propose an amendment by a two-thirds vote in both the House and Senate, after which it must be ratified by three-fourths of the states. The second, never-used method is for the states to initiate the process: if two-thirds of state legislatures (34 out of 50) apply for a convention to propose amendments, then Congress "shall call a Convention for proposing Amendments" (Erickson, 2017). Any amendments emerging from such an Article V Convention would still require ratification by 38 states, the same high threshold as amendments proposed by Congress (Erickson, 2017). This state-initiated convention mechanism was included by the founders as a way for the states to bypass a recalcitrant Congress and address issues of national concern.

In over 230 years of U.S. history, Congress has never called an Article V Convention, despite many attempts (Common Cause, 2023). This means the convention method has never been formally tried, so questions remain about how it would function in practice. For example, the Constitution does not spell out details such as how delegates would be chosen, how the convention would be run, or whether it could be limited to specific topics (Erickson, 2017).

Historical Context of Attempts to Call a Convention

Throughout American history, states have periodically rallied around certain issues and threatened to invoke Article V's convention clause, often as a way to pressure Congress. One early example was the movement for the direct election of U.S. senators. By the early 20th century, 29 states had formally asked for a convention on the issue – just shy of the required number at the time. Facing this pressure, Congress preemptively approved what became the 17th Amendment (National Archives, n.d.).

Later efforts, such as a push for a Balanced Budget Amendment (BBA) in the 1970s and 1980s, also saw significant state support but failed to reach the threshold. More than a dozen states rescinded their earlier calls in the following decades due to fears of a "runaway convention" (Common Cause, 2023).

Recent Developments and Growing Momentum (2015–2025)

In the past decade, there has been a resurgence of interest in calling an Article V Convention. As of early 2025, 28 states have active, unrescinded applications for a convention on one topic or another (Common Cause, 2023). The most popular issues include:

• A Balanced Budget Amendment, supported by 28 states (Common Cause, 2023).

• The Convention of States Project, promoting fiscal restraints, limits on federal power, and term limits, supported by 19 states (U.S. Term Limits, 2025).

• A single-topic convention for congressional term limits, supported by 11 states (U.S. Term Limits, 2025).

• Campaign finance reform, supported by 3 states through the Wolf-PAC initiative (Wolf-PAC, 2019).

• Gun safety, with California being the only state to support this topic (Office of Governor of California, 2023).

These efforts are largely coordinated by national organizations and supported by prominent public figures. Conservative groups have driven the bulk of the current momentum, while liberal efforts have seen less traction.

Key Agenda Items and State Support

1. Balanced Budget Amendment: Aims to curb federal spending. Supported by 28 states, including Alabama, Missouri, Texas, and Florida (Common Cause, 2023).

2. Convention of States Proposal: Bundles three goals: fiscal restraints, limits on federal power, and term limits. Backed by 19 states, including Georgia, Texas, and Wisconsin (U.S. Term Limits, 2025).

3. Congressional Term Limits: Advocated by U.S. Term Limits, with 11 states on board, such as Florida, Missouri, and North Carolina (U.S. Term Limits, 2025).

4. Campaign Finance Reform: Led by Wolf-PAC to overturn Citizens United. Currently supported by Vermont, California, and Rhode Island (Wolf-PAC, 2019).

5. Gun Safety: California has proposed a constitutional amendment to strengthen gun laws (Office of Governor of California, 2023).

Roles of Major Organizations Pushing for a Convention

• Convention of States Action: Promotes the multi-issue COS resolution. Supported by conservative donors and figures like Mark Levin and Mike Huckabee (Common Cause, 2023).

• Balanced Budget Amendment Task Force and Center for State-led National Debt Solutions: Focus on fiscal restraint and coordinated BBA resolutions (Common Cause, 2023).

• U.S. Term Limits (USTL): Advocates for a term-limits-only convention, using pledges and lobbying to gain state support (U.S. Term Limits, 2025).

• Wolf-PAC: Liberal-leaning group promoting campaign finance reform via an Article V Convention (Wolf-PAC, 2019).

Federal-Level Discussion and Outlook

While the U.S. Congress must call a convention if 34 valid state applications are received, it has not clarified how to count or verify those applications. In 2015, the House began formally cataloging state applications (Erickson, 2017). Congressional hearings and think tanks have discussed the risks, especially the potential for a runaway convention and legal battles (Common Cause, 2023).

Pros and Cons of an Article V Convention

Pros

1. Empowers States to Act When Congress Fails: Article V gives states a formal mechanism to bypass congressional gridlock and propose amendments when national leadership fails to act (Erickson, 2017).

2. Increases Public Awareness and Engagement: State-led efforts for a convention increase civic awareness and encourage public involvement in constitutional discussions (Common Cause, 2023).

3. Addresses Longstanding Issues: Proponents argue it allows action on issues like fiscal discipline, term limits, and campaign finance reform—issues often supported by the public but stalled in Congress (U.S. Term Limits, 2025).

4. Historical Precedent for Positive Pressure: Historically, the threat of an Article V Convention spurred Congress to pass the 17th Amendment, demonstrating the potential effectiveness of this tool (National Archives, n.d.).

5. High Threshold for Ratification: Even if a convention proposes amendments, three-fourths of states must ratify them, serving as a safeguard against extreme changes (Bonilla Muñiz, 2025).

Cons

1. Risk of a Runaway Convention: Critics warn that once convened, a convention might propose radical amendments outside the intended topic, threatening constitutional stability (Common Cause, 2023).

2. Lack of Procedural Clarity: The Constitution provides no rules on how delegates are chosen, how voting is conducted, or how topics are limited, creating legal uncertainty (Erickson, 2017).

3. Highly Partisan Nature: Many Article V campaigns are driven by partisan agendas, which may reduce broad public trust and legitimacy in the process (Common Cause, 2023).

4. Potential for Unequal Representation: Without clear rules, a convention could allow disproportionate influence by populous or wealthy states or by special interests funding delegates (Wolf-PAC, 2019).

5. Possibility of Judicial or Legislative Conflict: Disputes over counting applications or convention procedures may require intervention by courts or Congress, potentially leading to constitutional crisis (U.S. Term Limits, 2025).

Conclusion

The Article V Convention mechanism is an underused but constitutionally authorized path for proposing amendments. While never invoked, growing support from conservative and some liberal-leaning states suggests that an Article V Convention is no longer just theoretical. However, significant concerns remain about how such a convention would operate and whether it could be safely limited. As of 2025, the number of supporting states is near the required 34, and national attention is increasing. The coming years may determine whether this constitutional tool is finally used or remains a source of pressure on Congress.

References

American Legislative Exchange Council (ALEC). (2016). Article V initiative: Balanced budget amendment. (Referenced in Common Cause report)

Bonilla Muñiz, L. (2025, February 27). Indiana call to amend congressional term limits into Constitution gains ground. Indiana Capital Chronicle.

Common Cause. (2023). U.S. Constitution threatened as Article V convention movement nears success. Common Cause Research & Resources.

Erickson, B. (2017, August 1). Brief: Amending the U.S. Constitution. National Conference of State Legislatures.

National Archives. (n.d.). 17th Amendment to the U.S. Constitution: Direct election of U.S. senators. Retrieved from https://www.archives.gov/legislative/features/17th-amendment

Office of Governor of California. (2023, September 15). California becomes first state in America to call for constitutional convention on right to safety [Press release].

U.S. Term Limits. (2025). Term Limits Convention progress map. Retrieved from https://www.termlimits.com/progress/

Wolf-PAC. (2019). The Solution – Wolf-PAC’s plan for a Free and Fair Elections Amendment. (As referenced in Common Cause report)