Article V Convention Glossary

Constitutional Framework

Article V

The article of the U.S. Constitution that establishes two methods for proposing amendments: by two-thirds vote of both chambers of Congress, or by a convention called on application of two-thirds of state legislatures. Both methods require ratification by three-fourths of the states.

Article V Convention

A convention for proposing amendments to the U.S. Constitution, called by Congress when two-thirds of state legislatures (currently 34) submit applications. Never convened. Also called a "convention for proposing amendments." Distinct from a constitutional convention, which would draft a new constitution.

Application

A formal petition from a state legislature to Congress requesting that Congress call an Article V Convention. Must be approved by both chambers of the legislature. Thirty-four applications are required to trigger Congress's obligation to call a convention.

Ratification

The process by which a proposed constitutional amendment becomes part of the Constitution. Requires approval by three-fourths of the states (currently 38), either through state legislatures or ad hoc state ratifying conventions, at Congress's discretion.

Two-Thirds Threshold

The requirement that two-thirds of both houses of Congress (to propose directly) or two-thirds of state legislatures (currently 34, to call a convention) must act before the amendment process proceeds.

Three-Fourths Threshold

The requirement that three-fourths of the states (currently 38) must ratify a proposed amendment. Applies identically to amendments proposed by Congress and by an Article V Convention.

State Ratifying Convention

An ad hoc convention within a state to vote on ratification of a proposed amendment. Congress chooses whether ratification is by state legislatures or by state conventions. The only amendment ratified by state conventions was the 21st (repeal of Prohibition, 1933).

Procedural Concepts

Issue Congruency

The standard most commentators endorse for aggregating state applications: applications must address the same issue to be counted together, but need not share identical language.

Contemporaneity

The principle that state applications should be roughly contemporaneous to be validly aggregated. Most proposed legislation set a seven-year window.

Rescission

A state legislature's vote to withdraw a previous Article V Convention application. Legal effect is unresolved. The Supreme Court in Coleman v. Miller (1939) treated it as a political question for Congress. Between 1988 and 2010, 17 states rescinded previous applications.

Plenary Convention

An Article V Convention not limited to any particular topic. Some older, unrescinded state applications called for a plenary convention. Whether these can be aggregated with topic-specific applications is contested.

Prodding Effect

The phenomenon by which state applications pressure Congress to propose an amendment itself. The 17th Amendment (direct election of senators) is the most successful historical example: 25+ state applications prompted Congress to act before a convention was triggered.

Runaway Convention

A scenario where a convention called for a specific purpose expands to consider unrelated amendments. The primary argument used by opponents. Mitigated by the 38-state ratification requirement, proposed supermajority convention rules (36 states to propose), and delegate-binding mechanisms now supported by the Electors Cases.

Political Question Doctrine

A judicial principle under which courts decline to decide certain issues, deferring to the political process. Applied by the Supreme Court to Article V rescission in Coleman v. Miller (1939) and likely applicable to many convention-related disputes.

Madison Amendment (Article V context)

A proposal to let states include specific amendment language in their applications, pre-drafting amendments. Named for James Madison. Critics argue this eliminates the convention's deliberative function and short-circuits Article V's checks and balances.

Democratic Safeguards

Delegate Binding

The practice of legally requiring convention delegates to vote according to specific instructions, such as the results of a citizen assembly or popular referendum. The constitutional basis was significantly strengthened by the Supreme Court's 2020 Electors Cases.

Electors Cases

Two 2020 Supreme Court decisions — Chiafalo v. Washington and Colorado v. Baca — holding that states may compel presidential electors to vote as pledged and remove those who defy their pledge. Justice Kagan wrote that this accords with the principle that "We the People rule." Establishes the constitutional principle that delegate-type positions can be bound by the people's will, with direct implications for Article V Convention delegates.

Citizen Assembly

A randomly selected, representative gathering of ordinary citizens convened to deliberate on difficult public issues. Used successfully in Ireland for referenda on abortion and same-sex marriage. Lawrence Lessig has proposed convening them within each state, modeled on James Fishkin's deliberative polling, to constrain Article V Convention delegates. States would require delegates to support only amendments backed by at least 60% of the assembly.

Deliberative Poll

A methodology developed by Stanford professor James Fishkin in which a random, representative sample of citizens receives balanced briefing materials and deliberates before expressing their views. Proposed as the model for state-level citizen assemblies that would constrain Article V Convention delegates.

Preemptive Rejection Resolution

A strategy proposed by Lawrence Lessig in which state legislatures pass resolutions rejecting in advance any amendment from an Article V Convention that does not incorporate democratic safeguards. Since 13 states can block ratification, 13 such resolutions would force the convention movement to accept democratic constraints or risk proposing amendments that cannot be ratified.

Organizations and Actors

Convention of States (COS)

A conservative Article V advocacy organization founded in 2013 by Michael Farris and Mark Meckler. One of several groups pushing for a convention to propose amendments restricting federal power, imposing fiscal restraints, and establishing term limits. Supported by the Mercer Family Foundation and Koch-affiliated organizations.

WolfPAC

The most prominent Article V convention advocacy group on the political left, founded by Cenk Uygur. Focuses on a convention to propose an amendment addressing the influence of money in politics after Citizens United.

ALEC (American Legislative Exchange Council)

A nonprofit organization of conservative state legislators and private sector representatives that has made the Article V Convention a central project. ALEC facilitates coordination among state legislators supporting convention applications.

Friends of the Article V Convention (FOAVC)

An advocacy organization maintaining the most comprehensive (though unofficial) compilation of state Article V Convention applications. FOAVC argues that applications on any subject should be aggregated and that Congress has been obligated to call a convention since at least 1911.

Fiscal Integrity Amendment

A proposed constitutional amendment requiring a balanced federal budget except in extraordinary circumstances. The fiscal integrity convention drive is one of the Article V campaigns with the most state applications to date.