Rules for an Article V Convention for Proposing Amendments

Rules for an Article V Convention for Proposing Amendments

Whereas, Article V of the Constitution of the United States provides that upon the application of two-thirds of the several states, Congress shall convene a convention to propose amendments to the Constitution, and

Whereas, the convention is an assembly of sovereign states granted authority equal with Congress to propose amendments to the Constitution, and

Whereas, it is the recommendation of the Legislature of the State of ________________ that the rules for the convention provide for an orderly assembly which protects the individual rights of each state and the will of the majority of the states attending,

THEREFORE BE IT RESOLVED by the ___________ with the ______________ concurring, that the delegation from the State of ____________ to any convention to propose amendments be instructed to vote to incorporate the substance of the following in the rules of a convention to propose amendments.

Section 1 – Call of the Convention

1.1 This Convention is convened under the authority granted to the several States by Article V of the Constitution of the United States.

The only participants at this Convention are the several States represented by delegations duly selected in such manner as their respective legislatures shall determine.

The Convention derives its authority from the applications adopted by at least two thirds of the legislatures of the several States, and its authority is thereby limited to the subjects specified in applications from at least two thirds of the states. This convention, therefore, has no authority to propose an amendment on any other subject.

1.2 Discipline or Expulsion of a Commissioner or State

The Convention shall provide for disciplining a commissioner or delegation for violating the call of the Convention by raising amendment subject(s) for discussion or debate that lie outside the subject of the Call of the Convention.

Section 2 – Quorums and Voting

2.1 Quorum

A quorum for all sessions of the Convention and for all committee meetings shall be a majority of the states attending the convention or serving as members of the relevant committee.

2.2 Voting

2.2.1 All voting at the Convention or in a committee shall be by State with each State having one vote, without apportionment or division. Each state shall determine the internal voting and quorum rules for casting the vote of its delegation.

2.2.2 A majority vote of the quorum shall prevail on all issues before the Convention and in all committees.

2.2.3 An affirmative vote of a majority of the states present and voting shall be necessary to propose an amendment.