The Article V Convention for Proposing Constitutional Amendments: Historical Perspectives for Congress Page: 8 of 25
25 Pages.View a full description of this report.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
The Article V Convention: Historical Perspectives for Congress
upheld by the Supreme Court in its 1921 ruling, Dillon a. Gloss,'14 later confirmed
in 1939 in Coleman a. Miller.'"
* Finally, the Constitution does not require approval of proposed amendments by
Presidents, who have no function in the process of proposing an amendment to
the states. Their approval or signature has no bearing on the process, and they
cannot veto or pocket veto proposed amendments that have been approved by the
requisite congressional majorities or by an Article V Convention.'16
Proposal of Amendments by an Article V Convention
The second method provided in Article V empowers the states to petition Congress for a
convention to consider amendments. This procedure is generally known as the Article V
Convention.
Constitutional Provisions
Key constitutional elements include the following:
" The legislatures of two-thirds of the states, 34 at present, must present
applications to Congress.
" Congress shall then "call a Convention for proposing Amendments."
" Amendments proposed by an Article V Convention must also be ratified by
three-fourths of the states.
" Congress may provide for consideration of such amendment either by state
legislatures or ad hoc state ratification conventions, at its discretion.
(... continued)
23rd through 26th Amendments placed the limit in the authorizing resolution, rather than in the body of the amendment.
See "Article V: Ratification" in U.S. Congress, Senate, The Constitution of the United States, Analysis and
Interpretation, 108th Congress, Senate Document 108-17 (Washington: GPO, 2004), available at
http ://www. gpoaccess. gov/constitution/pdf2002/015.pdf.
13 The 27th Amendment, the most recently ratified, was proposed to the states in 1789 without a seven-year time limit
on ratification. After 203 years, as a "pending" amendment, it was revived, ratified by more states, and was recognized
as part of the Constitution in 1992. Congress extended the deadline for ratification of the proposed Equal Rights
Amendment by 39 months, from March, 1979 to June, 1982, but the Amendment still failed to garner the 38 necessary
state ratifications before the extended deadline.
14 Dillon v. Gloss, 256 U. S. 368 (1921).
15 Coleman v. Miller, 307 U.S. 443 (1939). The seven-year requirement was incorporated in the body of the amendment
in the 18th and 20th through 22nd Amendments. For subsequent amendments, Congress concluded that incorporating the
time limit in the amendment itself "cluttered up" the amendment. Consequently, the 23rd through 26th Amendments
placed the limit in the authorizing resolution, rather than in the body of the amendment. (See "Article V: Ratification"
in U.S. Congress, Senate, The Constitution of the United States, Analysis and Interpretation, 108th Congress, Senate
Document 108-17 (Washington: GPO, 2004), available at http://www.gpoaccess.gov/constitution/pdf2002/015.pdf.
16 This issue was determined as part of a 1798 Supreme Court decision, Hollingsworth v. Virginia, 3 Dall. (3 U.S.) 378
(1798). The role of the President in the Article V Convention process is examined in greater detail in the companion to
this report, CRS Report R42589, The Article V Convention to Propose Constitutional Amendments: Contemporary
Issues for Congress, by Thomas H. Neale.Congressional Research Service5
5
Upcoming Pages
Here’s what’s next.
Search Inside
This report can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Report.
Neale, Thomas H. The Article V Convention for Proposing Constitutional Amendments: Historical Perspectives for Congress, report, October 22, 2012; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc821587/m1/8/: accessed July 17, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.