www.CUSDI.org

Our Founders' Warning: “Every government degenerates when trusted to the rulers of the people alone. The people themselves are its only safe depositories.” (Thomas Jefferson)

6: Legislature Application for Limited Convention

In accordance with Article V of the U.S. Constitution, the Legislature shall make the application. Upon approval of the initiative or referendum by the people of this State, its State Legislature shall prepare and vote on a separate bill that applies to Congress to call a limited Convention for proposing only a Citizens’ Initiatives Amendment.

Explanation of Legislature Application for Limited Convention

Under Article V, the state legislatures must apply to Congress for a Convention. Some states, however, believe that a non-literal interpretation is possible and that a state initiative or referendum can apply. However, this would introduce a non-essential issue, which Congress could use to delay the entire amendment process, perhaps for years.
In the past, Congress has found the idea of a Limited Convention far more acceptable than a general convention. Congress claims a general convention could become a runaway convention, though this is very doubtful. Nevertheless, a limited Convention on a single subject avoids another potential dispute.
The downside of a limited convention is that it enables Congress to preempt the convention by proposing a similar amendment itself—as it has always done in the past. However, if Congress thwarted the States’ will by proposing a significantly different amendment, then the States’ should righteously apply for an immediate unlimited Convention to defend their State rights.