Article V Convention (Convention of States)

What is Article V?

Article V of the U.S. Constitution gives states the power to call a convention to propose and discuss amendments that “impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office for its officials and for members of Congress.” Article V provides two methods to propose amendments to the nation’s constitution:

• Congress, by a two-thirds vote of both chambers, may propose amendments to the states for ratification; or
• On the application of the legislatures of two-thirds of the states (currently 34 of 50 states), Article V directs that Congress “shall call a Convention for proposing Amendments. . .”.

Ratification of Proposed Amendments

According to the Congressional Research Service, an amendment ratified by the states under either method is indistinguishable and carries equal force. Both methods share these constitutional requirements:

• Amendments proposed either by Congress or at an Article V Convention must be ratified by the legislatures or conventions in three-fourths of the states—currently 38 of 50 states; and
• Congress has the authority to choose the method of ratification in the states, including ad hoc conventions or ratification by the legislatures of the states. Three-fourths of the states must vote to ratify the amendment—currently 38 of 50 states.

The Role of Congress in the Convention Process

Once 34 state legislatures have applied for an Article V Convention, Congress is responsible for calling the convention for the proposing of amendments.

The Role of the President in the Convention Process

The President and the role they hold during an Article V Convention is not specified in the language of Article V.

The Role of the District of Columbia and U.S. Territories in the Convention Process
Article V does not state the membership status of the District of Columbia or the U.S. Territories in regards to an Article V Convention.

Article V Petition Topics

Every state except for Hawaii has submitted an Article V petition to Congress that has passed both chambers, or in the case of Nebraska, the single legislative chamber. These petitions generally specify a particular topic to be considered at an Article V Convention. Over the past five years, topics of petitions submitted to Congress have included:

• Requirement of a balanced budget;
• Federal government authority;
• Gun control; and
• Term limits for members of Congress, Supreme Court justices, and other governmental officials.

Kansas Constitutional Convention Petition History

Pursuant to Article 2, Section 13 of the Kansas Constitution, in order for a concurrent resolution petitioning Congress to call an Article V Convention to pass, the measure must receive a two-thirds majority vote in both chambers. Under the current apportionment, this would require an affirmative vote of 84 members in the House and 27 members in the Senate.

Since 1975, the Kansas Legislature has considered approximately 32 concurrent resolutions calling for a convention of states. Of these resolutions, 2 concurrent resolutions were passed in both the House of Representatives and the Senate and presented to Congress:

• 1978 SCR 1661 (balanced budget); and
• 1995 HCR 5008 (limits on Congressional authority).

Article V Convention—Kansas Delegate Process

During the 2024 Legislative Session, three bills were considered that would have established a delegate selection process to represent Kansas, should an Article V Convention be called by Congress.

HB 2807 was passed by the House Committee on Federal and State Affairs, but died below the line in the House. Both SB 92 and SB 385 died in committee.