Convention of States: Exploring Its Origins, Goals, and Opposition

A movement aimed at restraining federal overreach through a process provided by the Founding Fathers via the U.S. Constitution; Article V to be specific.

Today Restore First Principles is having a look into a topic that’s been stirring up a great deal of hubbub: the Convention of States movement. It’s a subject that is dividing many, drawing both passionate support and fervent opposition. Let’s get into what this movement is all about, its constitutional basis, the objectives it aims to achieve, and the arguments from those who stand against it. Then we’ll see where we stand!

What Is the Convention of States Movement?

The Convention of States movement is a grassroots initiative aimed at restraining federal overreach through a process provided by the Founding Fathers via the U.S. Constitution, Article V to be specific. Simply put, it advocates for state legislatures to call a convention to propose amendments to the Constitution, amendments that Congress will never propose nor approve on its own.

The Constitutional Foundation

Article V of the U.S. Constitution lays out two ways to amend the nation’s founding document. The first method, and the one used for all 27 amendments to the constitution so far, involves Congress proposing amendments, which must then be ratified by three-fourths of the state legislatures. The second method, and the one central to the Convention of States movement, allows for amendments to be proposed by a convention called for by two-thirds of state legislatures (with 50 states in total that means 34 state legislatures are required) and then ratified by ¾ of the states (38). This method has never been fully implemented, but proponents argue that it is a vital check on federal power that the founders provided the common people as part of the constitution itself.

Key Objectives of the Movement

The Convention of States aims to address several pressing issues through these constitutional amendments:

Imposing Fiscal Restraints: Restricting the federal government's ability to run up massive debts and unchecked spending.

Limiting Federal Power: Reducing the scope and reach of federal regulations and mandates that impact states’ rights.

Term Limits for Officials: Setting term limits for members of Congress and possibly federal judges to prevent career politicians from consolidating power.

Grassroots Activism and Support

At the heart of the Convention of States movement is a robust grassroots activism network. Volunteers and supporters across the country are mobilizing to persuade their individual state legislatures to pass resolutions calling for a convention of states. These activists are driven by a desire to restore the founding principles of limited government and greater state autonomy. (which is what the founders had in mind for this country to begin with!)

How the Movement Operates

The Convention of States Project, led by organizations like Citizens for Self-Governance, coordinates efforts at the state level. They provide resources, training, and support to local activists who lobby their state legislators to join the call for a convention. This decentralized approach empowers ordinary citizens to take an active role in pushing for constitutional change. (The COS movement encompasses SO much more than I’m touching on here, I strongly urge you to do your due diligence and check it out for yourselves.)

Political Opposition to the COS Movement

Despite its large and growing support, the Convention of States movement does face opposition from various groups, some political. Critics argue that a convention could open the door to unintended consequences and fundamentally alter the Constitution in unpredictable ways.

Concerns About a “Runaway Convention”

One of the primary arguments against the COS movement is the fear of a “runaway convention.” Opponents worry that once convened, a convention could go beyond its original scope and propose sweeping changes to the Constitution, potentially undermining cherished rights and protections.

As stated, this is the primary concern levied against using Article V to invoke change in the Federal Government. But peel that onion back and you’ll find that the framers of the constitution were aware of “runaway” power and when viewed through the “rules of the day” a runaway convention is a virtual impossibility. This PDF has a breakdown of many of the “objections” that have been put forth and clearly and logically debunks them.  It’s a 5-minute read so very well worth your time.  “Answering Questions about a Convention of States”.

Skepticism from Conservative Groups (Say What?)

Interestingly, not all conservatives are on board with the Convention of States movement. Some conservative thinkers and organizations, such as the John Birch Society, argue that the risks of a convention outweigh the potential benefits. They caution that modifying the Constitution could invite liberal amendments that conservatives would find unacceptable. Interestingly the COS movement is one of the very least “political” groups that RFP has ever reviewed. (Unless of course you LIKE out of control government…  Hence RFP’s support of the movement.)

Legal and Procedural Hurdles

While there may “seem” to be uncertainty regarding the legal and procedural aspects of a “Convention of States”, RFP feels that these concerns are unfounded.  The following quote is taken from “Five Myths About Article V” from the COS website.

“Article V itself is silent as to the procedural details of a convention, leading some to speculate that we are left clueless as to how the meeting would function. But while it’s true that there has never been an Article V convention, per se, the states have met in conventions at least 33 times. There is a clear precedent for how these meetings work.

In fact, many of the Framers had attended one or more conventions, and the basic procedures were always the same. For instance, voting at an interstate convention is always done as states, with each state getting one vote, regardless of population or the number of delegates in attendance. The more detailed, parliamentary rules of the convention are decided by the delegates at the convention itself.”

I urge you to read that PDF through, it lays bare many of the “concerns” that the various groups have raised and puts them to rest.

Founding Principles and Limited Government

Supporters of the Convention of States movement often cite the founding principles of the United States as a core rationale for their cause. They argue that the current federal government has strayed far from the vision of limited government and state sovereignty envisioned by the Founding Fathers.

The original powers enumerated to the federal government by the U.S. Constitution, often referred to as the "Enumerated Powers" are primarily listed in Article I, Section 8 of the U.S. Constitution. These powers include:

1. Taxation and Spending: The power to lay and collect taxes, duties, imposts, and excises to pay the debts and provide for the common defense and general welfare of the United States.

2. Borrowing: The power to borrow money on the credit of the United States.

3. Commerce: The power to regulate commerce with foreign nations, among the several states, and with the Indian tribes.

4. Naturalization and Bankruptcy: The power to establish uniform laws on the subject of naturalization and bankruptcies.

5. Currency: The power to coin money, regulate its value, and fix the standard of weights and measures.

6. Counterfeiting: The power to provide for the punishment of counterfeiting the securities and current coin of the United States.

7. Post Office: The power to establish post offices and post roads.

8. Intellectual Property: The power to promote the progress of science and useful arts by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.

9. Federal Courts: The power to constitute tribunals inferior to the Supreme Court.

10. Piracy and Felonies: The power to define and punish piracies and felonies committed on the high seas and offenses against the law of nations.

11. War: The power to declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water.

12. Army: The power to raise and support armies, but no appropriation of money to that use shall be for a longer term than two years.

13. Navy: The power to provide and maintain a navy.

14. Military Regulation: The power to make rules for the government and regulation of the land and naval forces.

15. Militia: The power to provide for calling forth the militia to execute the laws of the union, suppress insurrections, and repel invasions.

16. Organizing the Militia: The power to provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States.

17. District of Columbia: The power to exercise exclusive legislation in all cases whatsoever over such district (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings.

18. Necessary and Proper Clause: The power to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.

These powers define the original scope of federal authority and establish the boundaries within which the federal government “should” operate. The Tenth Amendment further clarifies that stating “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”, underscoring the principle of federalism central to the U.S. Constitution.

It takes very little brain sweat to realize that the Federal Government that we have today has far outreached it’s originally stated powers and responsibilities found in the Constitution of the United States.

Restoring the Balance of Power

Supporters believe that the Convention of States is a necessary step to restore the balance of power between the federal government and the states. By returning the proper authority to the states, they argue, we can better reflect the diverse needs and values of the American people and rein in our out-of-control federal government.

Emphasizing Fiscal Responsibility

One of the most compelling arguments for the COS movement is the need for fiscal responsibility. As of June 2024, the U.S. federal debt stands at approximately $34.88 trillion, and this does NOT include unfunded liabilities. Want to have your heart skip a beat, have a look at the real time “US Debt Clock” and specifically at the “debt per taxpayer” just to the right of the debt total. Convention of States supporters contend that constitutional amendments imposing fiscal restraints are crucial for the nation’s economic future, indeed, its (no our) very survival!

Call to Action

The debate over the Convention of States is far from settled though progress is steadily being made towards a convention (19 states have passed the necessary legislation). As Americans, it’s our duty to engage with these critical issues and consider the impacts on our nation’s future. Keep in mind that the Founding Fathers GAVE us this tool for this very purpose. What’s not to get behind?

I have personally signed the Convention of States Petition and am currently working my way through the “training” offered so that I can better understand and hence explain the very real need for this grassroots movement.

My goal is to create posts for Restore First Principles as I proceed through my training and day to day involvement with COS so that I can share the natural trials and tribulations that go with involvement in such a group. Will you join me in this journey as I do what I can to help get our country back on course?  I certainly hope so!

If you’re as passionate about restoring the founding principles of limited government and fiscal responsibility as I am, consider getting involved with the Convention of States movement. There couldn’t be a more necessary cause to join!

Full Disclosure, if you follow any of the links on this page to the Convention of States website and sign the petition, I get “Credit” for that signup.  There is no monetary reward to me or any of the COS volunteers in any way shape or form…  Just wanted you to know!

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Remember WE ARE THE MAJORITY my friends and if we stand together and take action, we can Restore First Principles!

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