Article V of the U.S. Constitution requires Congress to call a convention when 34 states apply; the author argues states have met this threshold, but Congress has failed to act and a state attorney general should sue.
01Summary
- 01The Federal Fiscal Sustainability Foundation determined that as far back as 1979, 39 states had active applications for an Article V convention, increasing to 40 states in 1983.
- 02In 2015, Congress assigned the House Judiciary Committee to receive, store, make public and count state Article V applications, but the committee has failed to discharge those duties effectively.
- 03The author argues that calling a convention is an express, ministerial and non-discretionary obligation of Congress, not a political question protected by the Speech or Debate Clause.
- 04Opposition to an Article V convention from the John Birch Society and Common Cause, citing risk of a 'runaway' convention, is dismissed as the majority of states have applications limited to fiscal responsibility.
- 05The article recommends Congress assign the counting of state applications to the Comptroller General of the United States to avoid a conflict of interest.
02Why it matters
This matters because it highlights a constitutional mechanism that could impose fiscal discipline on Congress, potentially affecting government spending and national debt levels.
Pulse AIAsk about this story
Answers are generated by AI from the story summary; they are not investment, health or legal advice.
