Introduction: States as Constitutional Actors
Most Americans know that Congress can propose amendments to the Constitution. Fewer know that states have their own independent pathway to propose constitutional amendments one that specifically bypasses Congress. This pathway has never been fully used in American history, but it represents perhaps the most powerful tool available to citizens and states seeking fundamental constitutional reform.
The short answer to the question “can states propose constitutional amendments?” is: yes and they have more power in this process than most people realize.
At PCFJE, this process is central to our advocacy work. This article explains how state-led constitutional change works, what thresholds must be met, and why this mechanism deserves far more attention from citizens who care about constitutional reform.
The Article V Framework for State-Led Amendment
Article V of the Constitution provides the only two methods for proposing constitutional amendments. The first is through Congress. The second and less-used is through state legislatures.
Under this second method:
- The legislatures of two-thirds of states (34 of 50) must submit formal applications to Congress calling for a constitutional convention.
- Congress is then required (the word “shall” is used) to call a convention.
- Delegates from the states convene and propose amendments.
- Any proposed amendments must be ratified by three-fourths of states (38 of 50).
This mechanism was designed by the Founders to ensure that if Congress became tyrannical, self-interested, or simply dysfunctional, the states and the people would have an independent mechanism to reform the constitutional structure.
What States Can and Cannot Do
What States Can Do
- Pass Article V applications through their legislatures calling for a convention on specific topics
- Ratify or reject amendments proposed by Congress or a convention
- Amend their own state constitutions through their own internal processes (this is separate from the federal amendment process)
- Build coalitions with other states to reach the 34-state threshold
What States Cannot Do Unilaterally
- Amend the federal Constitution alone no single state or group of states below the threshold can amend the Constitution unilaterally
- Bypass the ratification requirement even if a convention proposes amendments, 38 states must ratify them
- Limit the scope of amendments proposed at a convention this is a complex and contested question in constitutional law
The History of State Applications for an Article V Convention
While a convention has never been successfully called, states have been filing applications for over a century:
- The Balanced Budget Amendment: By some counts, more than 30 states have passed applications calling for a convention to consider a balanced budget amendment close to, but not yet at, the required 34.
- Congressional Term Limits: Numerous states have passed applications related to term limits for members of Congress.
- Campaign Finance Reform: Some states have passed applications related to overturning Citizens United and reforming campaign finance.
The contested question is whether applications from different time periods on different subjects can be aggregated toward the 34-state threshold, or whether they must all address the same issue.
State Constitutional Amendments: The Separate, Internal Process
Independent of the federal Article V process, every state can amend its own constitution through its own internal procedures. These processes vary significantly:
- In many states, the legislature must pass the proposed amendment by a supermajority, which then goes to voters for ratification.
- In other states, citizens can propose state constitutional amendments through the initiative process.
- Some states require multiple legislative sessions to approve amendments before they go to voters.
While state constitutional amendments do not affect the federal Constitution, they can be powerful tools for:
- Expanding state-level civil rights protections beyond federal minimums
- Reforming state government structures
- Establishing direct democracy mechanisms like initiative and referendum
Why State-Led Reform Matters for PCFJE
PCFJE’s State Registry is built on the recognition that state-level action is the engine of constitutional reform. Every state’s requirements for Article V applications, petition thresholds, and referendum processes are documented in our State Registry because meaningful reform requires knowing exactly what is required in your specific state.
Our work includes:
- Educating state legislators about the Article V process and their role in it
- Building state-level coalitions that can advance reform applications through legislatures
- Mobilizing citizens to pressure their state representatives to support reform measures
- Tracking progress toward the 34-state threshold on key reform issues
The Convention of States Project and Related Movements
The Convention of States Project is the most prominent current effort to advance a state-led Article V convention. It has focused on calling a convention limited to three specific topics:
- Imposing fiscal restraints on the federal government
- Limiting the power and jurisdiction of the federal government
- Imposing term limits on federal officials
As of recent reports, the project has secured applications from over 19 states significant progress, but still well short of 34.
Other reform efforts focus on different issues, reflecting the broad interest across the political spectrum in using state power to reform a federal government many see as broken.
Frequently Asked Questions (FAQs)
Q: What is a “runaway convention” and is it a real risk? A: Critics warn that once a convention is called, delegates might propose amendments beyond the intended scope a “runaway convention.” Supporters argue the ratification requirement (38 states) is a sufficient safeguard. This debate remains central to the constitutional convention discussion.
Q: Do state applications expire? A: There is no definitive Supreme Court ruling on this. Some scholars argue applications must address the same subject and be roughly contemporaneous; others argue they remain valid indefinitely. Congress would likely determine the rules for counting applications when and if the threshold is approached.
Q: Can a state rescind its application? A: This is also contested. Several states have attempted to rescind previous applications. Whether rescission is legally effective is unresolved.
Q: Has any state ever successfully used the Article V convention path? A: No. A convention of states under Article V has never been successfully convened. This is one of the most significant unused provisions of the Constitution.
Conclusion: States Are the Frontline of Constitutional Change
In the American federal system, states are not mere administrative units of the federal government. They are sovereign entities with real constitutional power including the power to demand fundamental reform of the federal constitutional structure itself.
The Article V convention mechanism is not a fringe idea or a legal curiosity. It is a serious, constitutionally valid pathway to reform that was specifically designed for moments when the federal government needs structural correction.
At PCFJE, we believe that moment is now. We are building the state-by-state coalition needed to make that change a reality.
Your state matters. Your voice matters. Your engagement can help change history.
Join the PCFJE movement and become part of the state-level reform effort.