"To Place before
Mankind the common sense of the Subject in terms so plain and firm
as to Command their Assent."
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).
Welcome
to Friends of the Article V Convention
Welcome
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.
Congress has
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
believe
the people must have accurate information about a convention based on
documented facts,
not political fabrication in order to make informed decisions. To read
more about the purpose of FOAVC please click
here.
Please refresh your browser whenever you visit our site. We are constantly updating our information.
January 13, 2019
116th Congress Extends Stivers Rule; Application Count Continues
In
a surprising political move, House Democrats, whose majority controls
the House of Representatives for the 116th Congress, extended the
Stivers Rule in the House Rules on January 8, 2019. In 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 of applications on which to base a convention call. This rule was the first in United States
history Congress created any process for counting state applications. Before
implementation, the official count of state applications by Congress stood at zero.
Since the rule was instigated, the committee has gathered 140 applications
containing at least one set of applications representing applications by two
thirds of the several state legislatures. (To read the House Rule, click image left to enlarge).
The decision of House Democrats is surprising given Democratic
opposition to the proposed Messer bills by former Indiana Republican
Congressman Luke Messer led to bottling the bill in the House Judiciary
Committee. Messer introduced his legislation H.R. 5306
in 2015 and again in 2016 (H.R. 1742). The purpose of the bill was to provide a permanent
methodology for gathering applications sent to Congress by the state
legislatures applying for an Article V Convention call. The legislation did not
provide a mechanism for issuing an actual call by Congress. Without the Stivers
Rule the Judiciary Committee would cease gathering applications effectively
preventing any convention call by Congress. With the rule in place, the process
continues and now represents bi-partisan support of a convention call.
September 12, 2017
Lack of Rules Stops AVC Movement Cold
Recent discussion with
House of Representatives Parliamentarian Tom Wickham, Congressman Jared
Polis (D-CO) and FOAVC supporters provided the actual reason Congress,
despite hundreds of applications from all 50 state legislatures, has
never called an Article V Convention. The reason: Congress has no rules
in place to count the applications and issue the necessary convention
call. Without procedural rules in
place no convention call will ever be issued by Congress irrespective
of whether state applications contain identical language, address the
same subject or are counted numerically regardless of subject and
language because no process exists for Congress to count the
applications and issue the convention call. You can see a video discussing the problem at this link. (Note: if this link does work on your computer, please use this link.) Further information can be read here.
August 15, 2017
FOAVC Releases First Part of Financials
FOAVC today released
the first of a two part investigation into the financial records of the
political organizations Compact for America and Convention of States.
The first part of the investigation concerns the financial records of
Compact for America. Information regarding Convention of States will be
released at a later date. The information may be read at this link. Those desiring only brief summation of the investigation may use this link to do so.
May 21, 2017
Congress Reaches 39
AVC Count
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
so-called rescissions
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 initial 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
Indiana
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 before three House
committees--the House Judiciary Committee, the House Oversight and
Government Reform Committee and House Rules Committee. No further
action has been reported in any of the committees.
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.
In
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
at zero.
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
several states.
Congressman
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
records.
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."
Other organizations sending letters of support included Compact for America, the Compact Commission and Convention of States.
.....
NEWS
/ UPDATES:
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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Original Release:
24-FEB-2017
Page Last Updated: 09-AUG-2020