North Carolina proposed a Convention of States – Be wary

On December 5, 2024, the North Carolina State Legislature passed a Joint Resolution applying to the U.S. Congress for an Article V Convention of States to limit the term of Congressional Leaders.

To those familiar with what a Convention of States is and what pros/cons such a convention carries, kudos. This Just Vote No article is for folks who say, “What are we getting into here?”

So, first off, what is Article V

Article V of the U.S. Constitution is a crucial bulwark against federal government abuses. It gives states and its people the right to amend the Constitution whether the federal government likes it or not. This form of redress has never been used. All 27 Amendments to the Constitution have been placed via another route offered by Article V – Congress proposes, and states ratify. Here is Article V:

“The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call 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.”

The language of Article V is purposefully lean.

Our Founders established an experimental way of governing – We the People, on our own or via our elected representatives, decide the nation’s path. Article V guarantees an antidote against federal misconduct but leaves open how states (The People) use it.

It is clear from the language of Article V that applications from 34 states (2/3 of 50 states) are needed for Congress to call for a Convention of States, and that whatever amendments are proposed at such Convention must then be ratified by the legislatures of 38 states (3/4 of 50 states).

Other than that, at present, there is nothing.

We have no precedent for guidance. We have no rules that guarantee what states propose is what delegates will aim for at a Convention. There is nothing about who can be a delegate, or how delegates should be chosen. We have no guidance when or how U.S. Courts can intervene if amendments stray too far from the intentions of our Founders.

It is not even clear when Congress is required to call a Convention of States, since there is disagreement how applications should be counted. Article V says nothing about subjects on applications, nothing on whether applications expire or are forever valid, nothing on how to count or not count rescinded applications.

Even if we all agree to count only applications currently clearly on the table, does Congress count 9 applications for “Term Limits” and 25 to go. Or count 9 for terms limits plus 19 to “Limit the power and jurisdiction of the federal government, impose fiscal restraints, and place term limits on federal officials,” so only 6 to go.

Therefore, voters should be wary of assertive self-assured applications.

Here is the wording of Section 1 of the North Carolina application for a Convention of Stares,

“SECTION 1. The legislature of North Carolina hereby makes an application to Congress, as provided by Article V of the Constitution of the United States of America, to call a convention limited to proposing an amendment to the Constitution of the United States of America to set a limit on the number of terms that a person may be elected as a member of the United States House of Representatives and to set a limit on the number of terms that a person may be elected as a member of the United States Senate.”

Although this language and that of other applications sound completely straight forward, the people can only depend on the good character and promises of Convention delegates.

The chances that promises would be kept or not is anyone’s guess.

Even a cursory search on the Internet for “Convention of States” will yield numerous pros and cons. The pros mostly point out that a Convention is needed to do the job Congress refuses to do, and there should be no fear of a “runaway Convention” given the specificity of Convention applications. The cons simply disagree that any specificity can exist based on the language of Article V, and Congress’ dysfunction can be easily cured by voters at the ballot box.

Both sides can be right, since Article V doesn’t say much! Both sides can try to guess what the Founders intended via the Federalist Papers or other writings, and one guess would be just as good as another.

Both sides often bring up the first and only Constitutional Convention, which convened in Philadelphia in the summer of 1787. The pro side points to the fact that this was a Constitutional Convention, a different animal than a limited Article V Convention of States. The con side sees no difference, based on the language of Article V.

Y’all remember what happened there? That 1787 Convention, attended by George Washington, Alexander Hamilton, James Madison, and other great minds of the time convened to improve the Articles of Confederation which lacked a way that states could operate in concert by a set of rules. As we all know, delegates did not improve the Articles of Confederation but instead wrote a whole new Constitution.

It all sounds a bit too risky. Even if we say the real intent of Convention of States is to scare government into taking action, uncertainties of what happens if a Convention is called remain.

How about the good old ballot box?

The ballot box remains the only sure-fire way that people can control what government does. If voters want a smaller fiscally restrained government, don’t groan and grind teeth when radicals in Congress speak out against increasing spending limits. If voters want terms limits, stop voting for career politicians and support the “citizen statesmen” that our Founders envisioned.

Want to hear the pros/cons first hand?

For those interested in a good collection of pros and cons all in one place, here is a link to a YouTube video called Conference on the Constitutional Convention: Legal Panel. This conference was presented by the Harvard Law School. Five panelists participated in the discussion.

Picture: The Great Seal of North Carolina is embedded in the walkway at the main entrance of the North Carolina State Legislative Building. Around its edge is the state motto, “Esse Quam Videri,” Latin for “To be, rather than to seem.”