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to Friends of the Article V Convention
to Friends of the Article V Convention (FOAVC). Ours is the
oldest non partisan national organization dedicated to bringing about
an Article V Convention. The constitutional purpose of an Article V
Convention is to
propose amendments to the Constitution. According to the Constitution,
Congress is mandated to call an Article V Convention on the application
of 34 states.
The Constitution sets no other terms for the
call. The states have satisfied this requirement no less than 11 times.
not called a convention and continues to oppose all efforts to call a
convention as our top headlines indicate. Whoever controls the
amendment process, controls the Constitution.
For this reason many groups spread misinformation about an Article V
Convention for their own political purposes. To correct this, FOAVC
presents accurate information based on the public record
you will not read anywhere else. We
the people must have accurate information about a convention based on
not political fabrication in order to make informed decisions. To read
more about the purpose of FOAVC please click
May 21, 2017
Congress Reaches 39
As of May, 2017 Congress has reached a count of 39 applying
states for an Article V Convention call. The 39 states comprising the
committee list can be found here. A map showing the applying
states appears below.
Since 2015 the House Judiciary Committee has been gathering applications from the state legislatures for an Article V Convention call and publishing them on its website. As explained elsewhere
do not count as no provision in the Constitution allows states to
rescind applications. Further, federal law prohibits members of
Congress from removing federal public record. Therefore all state
applications are still valid and in full force.
Indeed the full public record of state applications shows the states
have submitted sufficient applications to cause several convention calls. Based
on the total number of applications in the public record
and the fact
the committee has failed to record several state applications thus far
in its collection, it may be some time before the committee produces a
totally accurate and complete list of state applications. The committee
has been releasing about 12 new state applications each month.
For example, the committee skipped the year
1979 entirely in its intitail count but has since counted some, but not all, of the state applications from 1979. The public record showed
that in 1979, seven states (Colorado, Maryland, New Mexico, North
Carolina, Indiana, Washington, and Iowa) submitted applications for an
Article V Convention. In September, 2016 the committee recorded the applications of Iowa, Indiana and New York thus completing
the necessary set of 34 applications.
However the terms of the Constitution do not permit Congress to wait on
the committee to gather all applications in its list before it is
obligated to call a convention. Article V states, "on the
application...Congress shall call a convention for proposing
amendments." Thus, based on the record of applications already gathered
Congress must issue a convention call.
April 9, 2017
Messer Reintroduces AVC
Count Legislation for 2017
By Bill Walker
Republican Congressman Luke Messer has reintroduced legislation to
create the first official list of state Article V Convention
applications in United States history. The bill, H.R. 1742
was submitted on March 27, 2017 and is currently awaiting approval by
the House Rules Committee. Similar to the legislation introduced last
year, H.R. 5306, when signed into law H.R. 1742 will
create the first official list of state Article
V Convention applications in United States history. The purpose of the
bill is to provide a permanent replacement to the current method of
gathering the state applications used by Congress.
2015 Congressman Steve Stivers, (R-OH) introduced a rule change in the House of
Representatives (House Rule Section 3c) which created a collection of Article V Convention applications
through the House Judiciary Committee but not an official list. This
was the first time in United States history Congress created any
process for counting state applications. Before the rule was
implemented, the official count of state applications by Congress stood
In the two years since the rule was instigated the
committee has managed to gather 140 applications containing at least
one set of applications representing applications by two thirds of the
Messer's bill requires the National Archives and Records Administration
(NARA) gather all applications from its archives and electronically
publish them within five years of enactment of the law. Under current
law NARA can refuse to do this, which it has,
as it contends the records in question are actually property of
Congress rather than NARA. Current law only permits NARA to store
congressional records; it is not permitted to conduct searches of those
FOAVC has enthusiastically supported the Messer bill. In its latest letter of support
FOAVC co-founder Bill Walker explained the urgent need for such
legislation. "Within the 140 applications officially recognized by the
House Judiciary Committee are applications from two thirds of the
states. Whether used in combination with the official count by the
United States Senate or by itself, under the terms of Article V,
Congress is obligated to call the conventions required based on the
official records of Congress. Congress has taken no action to fulfill
its constitutional obligation whatsoever. The list of applications
already officially acknowledged by the House Judiciary Committee and
the United States Senate is attached. The American public has the right
to hold elected conventions to consider alterations to our form of
government. The record keeping issue is not whether conventions should be called, but how many. Only AVRTA can answer that."
FOAVC will publish further updates on this story as they become available.
As events in several stories on this site are
frequently changing links
to the latest updated information will be posted here with appropriate
titles. Be sure to check this reference each time you visit this site
for the latest news on the Article V Convention.
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Page Last Updated: 21 MAY 2017