OLR Report 2014-R-0157 answers the questions: How is the U.S. Constitution amended and what is an Article V convention? In which states have both houses of the legislature passed resolutions calling for a constitutional amendment to overturn the U.S. Supreme Court’s decision in Citizens United v. Federal Election Commission, 558 U.S. 310 (2010)?
Article V of the U.S. Constitution establishes two amendment procedures. The first is for both houses of Congress to pass a proposed amendment by a two-thirds vote. The second is for legislatures in two-thirds of the states (a total of 34) to petition Congress to call a constitutional convention (i.e., an Article V convention) at which amendments may be proposed and approved. In both cases, a proposed amendment must subsequently be ratified by three-quarters of the states (a total of 38). State ratification is by either the legislature or a state convention; Congress determines the ratification method.
Several questions exist about how an Article V convention would be triggered and operate, partly because (1) the U.S. has never held an Article V convention and (2) the Constitution does not specify a process for holding one. These questions include whether (1) state applications for an Article V convention are valid indefinitely or only for a specified period, (2) a state can rescind its application, (3) the call of the convention would cover the entire Constitution or be limited to a specific issue, and (4) a convention called for a limited purpose could consider issues outside its mandate (i.e., become a “runaway” convention). During the 20th Century, issues that came closest to triggering an Article V convention included (1) direct election of U.S. senators, (2) state legislative apportionment, and (3) a federal balanced budget requirement.
We identified 11 states in which both houses of the legislature have passed resolutions calling for a constitutional amendment to overturn the Citizens United decision. In some states, both chambers passed a joint resolution; in others, each chamber separately passed companion resolutions. Each state called on Congress itself to propose an amendment. In 2014, Vermont also called for an Article V convention; thus far it is the only state to do so.
In Citizens United, the U.S. Supreme Court held that corporations and unions have the same political speech rights as individuals under the First Amendment. It found no compelling government interest for prohibiting corporations and unions from using their general treasury funds to make election-related independent expenditures. Thus, it struck down a federal law banning this practice and also overruled two of its prior decisions. For more information about Citizens United, please see OLR Report 2010-R-0124.
For more information, read the full report.
