OLR Report 2014-R-0192 answers the questions: By what methods do states (including Connecticut) call for an Article V convention? Are there any issues for which an Article V convention is close to being triggered?
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 Congress to call a constitutional convention (i.e., an Article V convention) upon the application of legislatures in two-thirds of the states (a total of 34), during which amendments may be proposed and approved. In both cases, an approved 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.
States typically call for an Article V convention through a joint or concurrent resolution passed by both chambers. In Connecticut, the legislature’s joint rules do not specifically address Article V conventions, but the state’s previous Article V applications were by joint resolutions.
With the exception of a federal balanced budget requirement, it appears that there are not any current issues that are close to triggering an Article V convention. Advocates for holding such a convention argue that the balanced budget requirement has met the threshold for triggering a convention, but to date, Congress has not taken any steps toward convening one. During the 20th Century, other issues that came close to triggering an Article V convention included (1) direct election of U.S. senators and (2) state legislative apportionment.
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).
For more information, read the full report.
