Subjects Inside: Article
V Applications
FAQ,
Application Counts By
Congress, Articles,
AVC Legislative Report, CRS Reports,
Convention of State, Compact for America, COS, CFA--Which States are Which?, The Historic Record of COS, COS, CFA Laws, COS Articles, CRS Reports on COS/CFA, COS, CFA Financial Records, CFA Financials, COS Financials, COS/CFA Financial Conclusions, John
Birch Society, Con-Con, Runaway
Convention, Who Called the Convention, Congressional
Vote on a "Runaway" Convention, "Obey
the Constitution, Only Two More States", Illegal Rescissions, The Phony Burger Letter, The
Madison Letter, Fotheringham Exchange, JBS Articles, Sibley
Lawsuit, General Interest, Article V.org,
Robert Natelson, History
of Article V, Counting the Applications, The Numeric Count History, Congressional Decision of May 5, 1789,
Development of Article V, The Committee of the Whole, The Committee of Detail, August 30, September 10, Committee of Style, September 15, Official Government Documents,
History of FOAVC, Founders,
Audio/Visual,
Links,
Contact
Us, Legal
Page, 14th Amendment, The Electoral Process, Packets,
Definitions, Numeric, (Applications grouped by numeric count as required by the Constitution),
Same Subject (Applications grouped by amendment subject, not required by the Constitution for a convention call).
Page 4--The AVC Legislative Report
While FOAVC publishes the Article V Convention
Legislative Report published by Georgia attorney David Guldenschuh,
FOAVC believes this report presents inaccurate information
regarding Article V Convention applications.
The report does not accurately reflect the actual applications currently on file with Congress. We suggest those wishing to see the record of applications based on the public record of applications examine this link showing the applications grouped according to application sets. As of the date of this page, the state legislatures have submitted sufficient applications to cause 11 convention calls. The Constitution does not require state applications be on the same amendment to cause Congress to call a convention nor does it require state submit multiple applications before Congress is required to call a convention. Instead the Constitution mandates, with no political terms or conditions whatsoever, that if two thirds of the state legislatures submit applications Congress must call a convention based on that set of applications. Thus, Congress is currently mandated to call eleven conventions.
The AVC Legislative Report is, as far as is known, the only source of information regarding current efforts by various political groups to obtain new applications to be submitted by the various state legislatures to Congress. These groups erroneously believe only if two thirds of the states submit identical applications on their particular application is Congress then mandated to call a convention limited, of course, only to their amendment issue. Further these groups may claim an application as supporting their political movement when the facts speak differently such as is demonstrated by a recent application by the State of Arizona. We urge all to read the actual documentation of the application available on our site to reach any conclusion regarding any application.
The facts of public record demonstrate clearly how misguided the belief of these political groups are. That public record irrefutably shows four amendment subjects have achieved the two thirds level required by Article V. In other words, despite the fact the Constitution mandates a numeric count of applying states rather than amendment subject as the basis of a convention call, the states have satisfied the standard of identical subject four times. The first subject, direct election of senators occurred in 1911. The other three, balanced budget, repeal of federal income tax and apportionment were achieved in the 1970's and 80's. Thus the political groups behind these political subjects have spent nearly 50 years chasing something they have already achieved.
FOAVC emphasizes: the states have long since achieved the necessary numeric two thirds submissions required to cause a convention call. The courts have never ruled applications must be on the same amendment subject in order for Congress to be required to call a convention but instead, in four separate rulings, stated repeatedly the basis of a convention call is a numeric count of applying states with no other terms or conditions. On May 5, 1789, Congress established the process for the handling of state applications for a convention call. That process was based on a numeric count of applications with no other terms or conditions described. The process continues to this day.
Nevertheless these political groups remain recalcitrant and seek more state applications while ignoring the facts of lack of congressional rules regarding a convention and failure to tabulate the applications is the sole reason Congress has not called a convention. (See front page of this site "Lack of Rules Stops AVC Movement Cold).
In February, 2019, David Guldenschuh announced a change in presentation policy for the Article V Convention Legislative Progress Report. Mr. Guldenschuh announced only those political groups which had achieved "multiple" applications in various state legislatures would be reported.
The most current version of the AVC Legislative Report is shown below (click to enlarge):
The report does not accurately reflect the actual applications currently on file with Congress. We suggest those wishing to see the record of applications based on the public record of applications examine this link showing the applications grouped according to application sets. As of the date of this page, the state legislatures have submitted sufficient applications to cause 11 convention calls. The Constitution does not require state applications be on the same amendment to cause Congress to call a convention nor does it require state submit multiple applications before Congress is required to call a convention. Instead the Constitution mandates, with no political terms or conditions whatsoever, that if two thirds of the state legislatures submit applications Congress must call a convention based on that set of applications. Thus, Congress is currently mandated to call eleven conventions.
The AVC Legislative Report is, as far as is known, the only source of information regarding current efforts by various political groups to obtain new applications to be submitted by the various state legislatures to Congress. These groups erroneously believe only if two thirds of the states submit identical applications on their particular application is Congress then mandated to call a convention limited, of course, only to their amendment issue. Further these groups may claim an application as supporting their political movement when the facts speak differently such as is demonstrated by a recent application by the State of Arizona. We urge all to read the actual documentation of the application available on our site to reach any conclusion regarding any application.
The facts of public record demonstrate clearly how misguided the belief of these political groups are. That public record irrefutably shows four amendment subjects have achieved the two thirds level required by Article V. In other words, despite the fact the Constitution mandates a numeric count of applying states rather than amendment subject as the basis of a convention call, the states have satisfied the standard of identical subject four times. The first subject, direct election of senators occurred in 1911. The other three, balanced budget, repeal of federal income tax and apportionment were achieved in the 1970's and 80's. Thus the political groups behind these political subjects have spent nearly 50 years chasing something they have already achieved.
FOAVC emphasizes: the states have long since achieved the necessary numeric two thirds submissions required to cause a convention call. The courts have never ruled applications must be on the same amendment subject in order for Congress to be required to call a convention but instead, in four separate rulings, stated repeatedly the basis of a convention call is a numeric count of applying states with no other terms or conditions. On May 5, 1789, Congress established the process for the handling of state applications for a convention call. That process was based on a numeric count of applications with no other terms or conditions described. The process continues to this day.
Nevertheless these political groups remain recalcitrant and seek more state applications while ignoring the facts of lack of congressional rules regarding a convention and failure to tabulate the applications is the sole reason Congress has not called a convention. (See front page of this site "Lack of Rules Stops AVC Movement Cold).
In February, 2019, David Guldenschuh announced a change in presentation policy for the Article V Convention Legislative Progress Report. Mr. Guldenschuh announced only those political groups which had achieved "multiple" applications in various state legislatures would be reported.
The most current version of the AVC Legislative Report is shown below (click to enlarge):
Articles on the AVC Legislative Report are shown below:
FOAVC Presents New AVC Feature
Starting May 31, 2015, FOAVC will publish on a periodic basis, the
Article V Convention Legislative Progress Report created by Georgia
Georgia attorney David F. Guldenschuh. Mr. Guldenschuh's report
summarizes the efforts of various political movements attempt to get
various state legislatures to submit applications for an Article V
Convention based on "their" amendment proposal/subject. More....
In September, 2015, Mr. Guldenschuh released a report on the progress of various political groups in the Article V movement. The report, while dated, nevertheless presents a good over all view of those groups attempting to use the Article V Convention to advance a specific amendment. The report does mention FOAVC but accurately states FOAVC is a non partisan organization favoring no specific amendment proposal.
*****
The Guldenschuh Report
In September, 2015, Mr. Guldenschuh released a report on the progress of various political groups in the Article V movement. The report, while dated, nevertheless presents a good over all view of those groups attempting to use the Article V Convention to advance a specific amendment. The report does mention FOAVC but accurately states FOAVC is a non partisan organization favoring no specific amendment proposal.