What is Article V?

Our Constitution was written in 1787. It currently has 7 Articles and 27 Amendments. One of the reasons this Constitution was needed is because the Articles of Confederation had no method for making corrections.

Our Founders understood that they were imperfect people. No matter how careful they might be to include every principle they could think of, they knew they would forget something. Article V was included as a way to make the corrections for things they missed. It was also a way to correct the government when they decided to do more than they were authorized to do.

There are currently 27 Amendments in our Constitution. All of them were proposed by Congress, some good, some not so good. 

Two days before the end of the convention, Sept 15, 1787, Col. George Mason stood and announced that a mistake had been made in Article V. They had granted Congress the authority to propose Amendments, but they had not granted the states that same power. He asked a question that left the room silent. (paraphrased) “Are we so naive that we assume a government that becomes a tyranny will ever propose an Amendment that restricts their own tyranny?”

The 2nd clause of Article V was added unanimously. “or, on the Applications of two thirds of the several States, shall call a Convention for proposing Amendments.”

The second method has never been used because Congress is terrified of it. If the states learn that we have the power to put restrictions on them, they will lose their gatekeeping role over Amendments and will be forced by law to restrict themselves.

A misinformation campaign to create a narrative of fear for an Article V convention was started in the 1970s. It has been very effective. Opponents to the convention process “know” it’s “too dangerous”, but they don’t know why they feel that way. They assume that somehow the delegates at the convention will just decide to ignore the instructions from their states and install their own Constitution.

Not only is that ridiculous, it’s impossible. Robert’s Rules of Order require a vote of 2/3 of delegates to suspend any rule. At an Article V convention, assuming it’s allowed at all, that would required a 2/3 roll call vote by state. The suspension would be for one item only. 

For the 1st ever Amendments convention under Article V, most if not all delegates will understand the historical significance of the event. They will be on their best behavior. 

If one person stood to suggest exceeding their instructions, they would be laughed out of the room. 

Next Steps

In 1979, the states passed an application for a convention to propose a Balanced Budget Amendment. 

Congress had no method for counting, verifying, or accepting those application. In September 2025, those applications were finally accepted by the Clerk of Congress and a receipt was given. This convention is now officially in the record. It must happen. Article V is clear. “On the application of two thirds of the several states, [Congress] shall call a convention. They don’t get to debate it or vote on it.

That call is ministerial, meaning that they officially announce the authorization and set an initial time and place for the delegates to meet. After that, everything is up to the delegates.

All states being equal members of our union, all votes will be 1 state, 1 vote.

They will propose Amendment ideas, which will be discussed and debated by the delegates. When a majority of states agree to the language of the Amendment, or series of Amendments, as the case may be, they will send them back to Congress and to the states for ratification. 

It takes three fourths of the states to add their proposal to the Constitution. This is the highest bar of any process in our Constitution. Our Founders made the process difficult so it wouldn’t be used frivolously. 

Congress has been derelict in their duty to make this call for nearly 50 years. It’s time to require it so we can hold this convention and put an end to our out of control debt before they have no choice but to default.

Receipt from Clerk of Congress

Congress Has Called for a Convention of States

In response to Congress’s increasing $37 trillion debt as a growing threat, the states have triggered an Article V FRA proposing convention. Congress has acknowledged the states threshold by receipt of the required applications. This is a true Turning Point for America.

The ‘Shall Call’ acknowledging the states authority occurred on September 14, 2025. What follows here is the position summary identifying that the states have now received full authority to call a fiscal responsibility amending convention, FRA, at their convenience.

The second clause of the Constitution’s Article V simply states: [The Congress…or,] “on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments…”

Essentially, when 34 state applications, without qualification, have been received by Congress, that body shall announce their receipt. Historically, in over hundreds of non-Article V state conventions, the circular call letter sent by the host state inviting other states to meet identified the subject of the convention.

Records from the Article V Library were assembled and analyzed by FFSF (Federal Fiscal Sustainability Foundation) and confirmed by the NFC, (National Federalism Commission, a government entity) and publicly released on September 17, 2025 as validation of the 39 state applications authorizing a convention of states. In addition, the NFC also found that 36 other valid state applications were available to Congress in 2016.  

In September 2025 the Article V Taskforce delivered packets of copies of the original 39 applications to the office of Congressman Jodey Arrington -TX-R, receiving acknowledgement of the 39 applications by the signed receipt below. Copies were also given to the House of Representative Clerk’s office, below, (who then forwarded them to the House Parliamentarian).

The solid footing for this action was settled by the Supreme Court’s ruling that the ‘bell had been wrung’ on the ratifications by the 3/4th state legislative vote, in Dillon v. Gloss (1921). It states the date of announcement, “is not material, for the date of its consummation, and not that on which it is proclaimed, controls.” Ergo, the 2/3rd state application in 1979 and 2016 also rang the bell for Congress to announce the states fulfillment of Article V’s threshold. They have not!

State legislative leaders now have confirmation of Article V’s authority to “shall call a convention for proposing amendments.” Its operation will follow the history of the 1787 Philadelphia, 2017 Phoenix BBA Planning and hundreds of other state conventions.

This is a call for state legislative leaders to Stand Up, Show Up, & Speak Up!

Michael W. Kapic – October 12, 2025

Receipt of the packet of 39 state applications by U.S. House Clerk:

 

———- Forwarded message ———
From: Lane, Philisha <Philisha.Lane@mail.house.gov>
Date: Thu, Sep 4, 2025 at 11:24 AM
Subject: RE: Tom Llewellyn – Package delivery receipt 8-14-25
To: Tom Llewellyn <tomdirect60@gmail.com>

 

Tom Llewellyn:

 

Thank you for contacting the Office of the Clerk.

 

I am confirming the Office of the Clerk received your correspondence on August 18, 2025 and your correspondence was transmitted to the Office of the Parliamentarian.

 

If you would like a status update, please contact your Representative in Congress at (202) 225-3121 for assistance.

 

Sincerely,

 

Philisha Lane

Office of the Clerk | Immediate Office

T: 202-225-7000  

W: clerk.house.gov