TABLE SUMMARIZING STATE APPLICATIONS FOR A CONVENTION TO PROPOSE AMENDMENTS
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Article V of the U.S. Constitution: 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 [1808] 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 following table (below) presented under Rule 1006 Federal Rules of Civil Procedure summarizes states applying for a convention, the first year of application, and total number of applying states. Sources are:
ABA Constitutional Convention Report, August 1973;
A Lawful and Peaceful Revolution: Article V and Congress’ Present Duty to Call a Convention for Proposing Amendments, Judge Bruce M. Van Sickle, Senior United States District Court Judge for the District of North Dakota, Hamline Law Review, Volume 14, Fall 1990;
1 Annuals of Congress 248 (J. Gales ed. 1789);
Congressional Record, Volumes 33 (1899) to 135 (1989);
| SEQUENCE | STATE | Date of First (not the Last) Application |
Total Applications Submitted By State |
Running Total of Applications By All States |
Total States That Have Applied |
| 01 | VA | 1789 | 17 | 17 | 1 |
| 02 | RI | 1790 | 6 | 23 | 2 |
| 03 | TX | 1899 | 17 | 40 | 3 |
| 04 | MN | 1901 | 7 | 47 | 4 |
| 05 | NE | 1901 | 18 | 65 | 5 |
| 06 | NV | 1901 | 18 | 83 | 6 |
| 07 | MI | 1901 | 10 | 93 | 7 |
| 08 | OR | 1901 | 10 | 103 | 8 |
| 09 | MT | 1901 | 10 | 113 | 9 |
| 10 | TN | 1901 | 13 | 126 | 10 |
| 11 | AR | 1901 | 16 | 142 | 11 |
| 12 | CO | 1901 | 7 | 149 | 12 |
| 13 | ID | 1901 | 18 | 167 | 13 |
| 14 | PA | 1901 | 7 | 174 | 14 |
| 15 | KY | 1902 | 6 | 180 | 15 |
| 16 | WI | 1903 | 21 | 201 | 16 |
| 17 | IL | 1903 | 20 | 221 | 17 |
| 18 | UT | 1903 | 12 | 233 | 18 |
| 19 | WA | 1903 | 6 | 239 | 19 |
| 20 | IA | 1904 | 17 | 256 | 20 |
| 21 | MO | 1905 | 14 | 270 | 21 |
| 22 | NY | 1906 | 5 | 275 | 22 |
| 23 | SD | 1907 | 27 | 302 | 23 |
| 24 | DE | 1907 | 10 | 312 | 24 |
| 25 | KS | 1907 | 10 | 322 | 25 |
| 26 | NJ | 1907 | 9 | 331 | 26 |
| 27 | LA | 1907 | 26 | 357 | 27 |
| 28 | IN | 1907 | 14 | 371 | 28 |
| 29 | NC | 1907 | 5 | 376 | 29 |
| 30 | OK | 1908 | 17 | 393 | 30 |
| 31 | ME | 1911 | 4 | 397 | 31 (1) |
| 32 | OH | 1911 | 5 | 402 | 32 (2) |
| 33 | VT | 1912 | 2 | 404 | 33 |
| 34 | SC | 1916 | 11 | 415 | 34 (3) |
| 35 | MA | 1931 | 16 | 431 | 35 |
| 36 | CA | 1935 | 4 | 435 | 36 |
| 37 | WY | 1939 | 15 | 450 | 37 |
| 38 | MD | 1939 | 6 | 456 | 38 |
| 39 | NH | 1943 | 9 | 465 | 39 |
| 40 | FL | 1943 | 19 | 484 | 40 |
| 41 | AL | 1943 | 15 | 499 | 41 |
| 42 | CT | 1949 | 5 | 504 | 42 |
| 43 | NM | 1952 | 5 | 509 | 43 |
| 44 | GA | 1952 | 20 | 529 | 44 |
| 45 | AZ | 1965 | 12 | 541 | 45 |
| 46 | MS | 1965 | 16 | 557 | 46 |
| 47 | ND | 1967 | 5 | 562 | 47 |
| 48 | HI | 1970 | 1 | 563 | 48 |
| 49 | WV | 1971 | 2 | 565 | 49 |
| 50 | AK | 1982 | 2 | 567 | 50 |
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TOTALS: |
567 APPLICATIONS |
567 APPLICATIONS |
50
STATES |
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(1) In year 1911, there were 46 states in the Union. Two-thirds of 46 is 30.67. Under the terms of Article V, the two-thirds required threshold was reached with the application of Maine which became the thirty-first state to apply for a convention to propose amendments.
(2) In year 1911, Ohio became the thirty-second state to apply for a convention to propose amendments. Two-thirds of 48 is 31.99. This means the two-thirds threshold for 48 states had been met even before two states, New Mexico and Arizona, were admitted to the Union the following year in 1912.
(3) In year 1916, the number of applying states reached 34 with the application of South Carolina. This number satisfied the two-thirds requirement for 50 states even though it would be 43 years before Alaska and Hawaii joined the Union. Since year 1916, the number of applying states has continued to increase until, in year 1982 with the application of Alaska, every state in the Union had applied at least once for a convention to propose amendments.
NOTE: All
but five applications were submitted after year 1900, and over 60% were
submitted after year 1960.
On four occasions, two-thirds of the states submitted amendment applications on
the same issue.
Same-Issue Applications (NOTE: there were only 46 states in 1911):
| Apportionment | Balanced Budget |
Direct Election Of Senators |
Limited Taxation | |
| 01 | Alabama | Alabama | (Alabama) | Alabama |
| 02 | Arizona | Alaska | Arkansas | Arkansas |
| 03 | Arkansas | Arizona | Colorado | Colorado |
| 04 | Colorado | Arkansas | Delaware | Delaware |
| 05 | Delaware | Colorado | (Georgia) | Florida |
| 06 | Florida | Delaware | Idaho | Georgia |
| 07 | (Georgia) | Florida | Illinois | Idaho |
| 08 | Idaho | Georgia | Indiana | Illinois |
| 09 | Illinois | Idaho | Iowa | Indiana |
| 10 | Indiana | Illinois | Kansas | Iowa |
| 11 | Iowa | Indiana | Kentucky | Kansas |
| 12 | Kansas | Iowa | Louisiana | Louisiana |
| 13 | Kentucky | Kansas | Maine | Maine |
| 14 | Louisiana | Louisiana | Michigan | Maryland |
| 15 | Maryland | Maryland | Minnesota | Michigan |
| 16 | Minnesota | Mississippi | Missouri | Missouri |
| 17 | Mississippi | Missouri | Montana | Montana |
| 18 | Missouri | Montana | Nebraska | Nevada |
| 19 | Montana | Nebraska | Nevada | New Hampshire |
| 20 | Nebraska | Nevada | New Jersey | New Mexico |
| 21 | Nevada | New Hampshire | New York | New York |
| 22 | New Hampshire | New Mexico | North Carolina | North Carolina |
| 23 | New Mexico | New York | Oklahoma | Oklahoma |
| 24 | New York | North Carolina | Oregon | Pennsylvania |
| 25 | North Carolina | North Dakota | Pennsylvania | Rhode Island |
| 26 | North Dakota | Oklahoma | Rhode Island | South Carolina |
| 27 | Oklahoma | Oregon | (South Carolina) | Texas |
| 28 | Rhode Island | Pennsylvania | South Dakota | Utah |
| 29 | South Carolina | Rhode Island | Tennessee | Virginia |
| 30 | South Dakota | South Carolina | Texas | Washington |
| 31 | Tennessee | South Dakota | Utah | Wisconsin |
| 32 | Texas | Tennessee | Virginia | Wyoming |
| 33 | Utah | Texas | Washington | |
| 34 | Virginia | Utah | Wisconsin | |
| 35 | Washington | Virginia | ||
| 36 | Wisconsin | Washington | ||
| 37 | Wyoming | Wisconsin | ||
| 38 | Wyoming |
States by Order of Entry into Union:
| State | Entered Union |
| 1. Delaware |