Episode CTC-21, Convention of States - Amending the Constitution

Barry Winters and Barry Newman discuss with CTC what exactly is COS or the Convention of States. They explain that the Convention of States is an activism movement established in order to amend the constitution according to Article V. The intent is to address specific ambiguities. They go into further details to explain the goals of the movement and the process necessary to accomplish the goals. They explain that according to Article V, two-thirds of the 50 states, or 34 states, is mandated in order to force Congress to call for a Convention of States. To date, 20 state legislatures have passed identical Resolutions calling for a convention to discuss and recommend the amendment proposals. Currently, the proposals are limited to the following three subject areas: 1. Reduce the size, scope and jurisdiction of the federal government 2. Place term limits on federal officials 3. Impose fiscal restraints on the federal government Once 34 states have submitted identical Resolutions, Congress has a ministerial duty to call for a convention of states including setting the date and place of the convention. Congress has no other role or authority in this process. Additionally, the governors and the President have no role in the process. As Article V further states, ratification requires agreement by three-quarters of the state legislatures, or 38 of the 50 states, which is the highest bar in the Constitution. Article V of the Constitution states: The Congress, whenever two thirds of both Houses deem it necessary, shall propose Amendments to the Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call forth a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.