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FOAVC  Frequently  Asked  Questions

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Welcome to FOAVC's (Friends Of the Article V Convention) Frequently Asked Questions (FAQ) Page, which is intended to answer the most commonly asked questions about an Article V Convention.  All of the information given as answers are based on federal court rulings, historic information and records and other reference materials.

Based on our research into an Article V Convention, FOAVC has come to the conclusion that, as with the rest of the branches of government (state and national) described in the Constitution, the Article V Convention is similarly bound by all provisions and clauses of the Constitution. Thus, the equal protection clause of the 14th Amendment applies to an Article V Convention meaning that all laws, regulations, court rulings and so forth which have been applied to Congress (the only other branch of government authorized by the Constitution to propose amendments to the Constitution) automatically and equally applies to the Article V Convention, its delegates and its powers with one important exception---Constitutional scholars agree that an Article V Convention is limited strictly and exclusively to proposing amendments to the Constitution, which must then be ratified by three-fourths of the states before taking effect. The Convention itself possesses no legislative or taxing authority; it can only debate, formulate and propose amendments.

An Article V Convention is simply an alternative method of amendment provided by the Framers of our Constitution enabling the citizens of the United States to advance proposals for amendments to the Constitution without national governmental approval or oversight and nothing more Article V was never intended nor does it authorize the formation of a new Constitution; rather, it serves to modernize and clarify the existing document as do the existing 27 Amendments.

To use our FAQ Page, simply scroll down the list of questions by issue and question.  Click on the under-lined Question (see below) and you will be directed to the  ANSWER for that question.  To return to the previous question (and list of questions), simple left-click once on 
ßback  that appears to the left of each ANSWER.   Also, if you would like to reference specific questions on this page, bookmarks are embedded for each question.  For example, to reference Question 4.7 below, use:  http://www.foavc.org/file.php/1/Articles/FAQ.htm#Q4.7 (i.e. add #QN.N to the end of the hyper-link).

Here (click here) is the text of Article V of the U.S. Constitution. The meaning is simple and unambiguous as stated in
United States v. Sprague, 282 U.S. page 716 (1931), the Supreme Court stated:  


Agenda:
(1.1)   How long would an Article V Convention Last?
(1.2)   Who would determine the time constraints on an Article V Convention?
(1.3)   Who would determine the agenda for an Article V Convention?
 
Article V Convention:
(2.1)   Is an Article V Convention the same thing as an "amendatory convention"? 
(2.2)   Can an Article V Convention "runaway" like a "constitutional convention" can?
 
Amendments:
(3.1)   What amendment proposals will likely be discussed for proposal at an Article V Convention?
(3.2)   Can one state delegation offer multiple amendment proposals?
(3.3)   Can states offer amendment proposals?
(3.4)   How will the number of potential amendment proposals be limited or controlled so that everything in the Constitution isn't amended? 
(3.5)   Can the Article V Convention propose repeal of current amendments, such as the 16th Amendment, for example?
(3.6)   Can the Article V Convention "clarify" a current amendment, such as the Second Amendment, for example specifying it refers to "individual right" rather than a "state right"?
(3.7)   Can the Article V Convention propose an amendment overturning a Supreme Court ruling?
(3.8)   Can an Article V Convention propose amendments dealing with economic issues?
 
Applications:
(4.1)   What are applications for a convention?
(4.2)   When the states submit an application for an Article V Convention exactly what are they applying for?
(4.3)   How must the applications for an Article V Convention be counted?
(4.4)   Who counts the applications for an Article V Convention?
(4.5)   What does "same-subject" mean as it relates to counting applications?
(4.6)   What does "contemporaneous" mean as it relates to counting applications?
(4.7)   How many applications have the states submitted to Congress for an Article V Convention?
(4.8)   How many states have submitted applications to Congress for an Article V Convention?
(4.9)   Where can I view a list of all previous state applications for an Article V Convention?
 
Constitutional Convention versus Article V Convention:
(5.1)   Is a "constitutional convention" the same thing as an Article V Convention?
(5.2)   What is a "runaway constitutional convention"?
 
Article V Convention Call:
(6.1)   If Congress has disobeyed the Constitution by not granting state applications for an Article V Convention, why have no states filed suit against Congress?
(6.2)   How long from the first application do the states have to submit the required two-thirds applications in order to compel Congress to call an Article V Convention?
 
Delegates:
(7.1)   How will delegates be chosen for an Article V Convention?
(7.2)   What would be the qualifications for delegates for an Article V Convention?
(7.3)   Would delegates be already elected officials such as current members of Congress, sitting governors or state legislators?
(7.4)   Are delegates to an Article V Convention considered federal officials?
(7.5)   How many delegates to an Article V Convention would each state have?
(7.6)   How would delegates be paid?
(7.7)   How would the delegates to an Article V Convention vote, as individuals or by states?
(7.8)   Would the District of Columbia have any delegate representation at an Article V Convention?
(7.9)   Would the protectorates like Puerto Rico, Guam or American Samoa have any delegates to an Article V Convention?
(7.10)   Will delegates be able to accept campaign contributions?
 
General:
(8.1)   Where will the convention be held and how will it be paid for?
(8.2)   What can an ordinary citizen do to help bring about an Article V Convention?
(8.3)   Is the Article V Convention a good idea?
(8.4)   What have the courts stated with regard to Article V and interpretations of the U.S. Constitution?
(8.5)   Has the government written information about Article V, and is that information it reliable?
 
Powers of Congress:
(9.1)   If the states were to submit a new set of applications, identical in every respect, what guarantee is there, after all the work needed to get the necessary applications that Congress won't simply ignore the states' requests as they have in the past?
(9.2)   One political commentator has said, "Congress must approve proposed amendments before they can be sent to the states for ratification." Is this true and what happens if Congress refuses to do so?
(9.3)   What legislative acts can a responsible Congress undertake to facilitate an Article V Convention beyond issuing the call as called for in Article V?
(9.4)   What legislative acts should Congress not enact in regards to an Article V Convention?
 
Ratification:
(10.1)   Under the terms of Article V, Congress chooses the method of amendment ratification, by state legislatures or state ratification conventions. Does it matter which method Congress chooses for ratification of an amendment proposed by an Article V Convention?
(10.2)   Who would determine the effective date of a specific amendment if it were to be ratified---Congress or the Convention?
(10.3)   Once amendments have been presented to the states for ratification, how long do the states have to achieve the required three-quarters approval?
 
Rescission:
(11.1)   Can the states rescind an application before the number of applications reaches the two-thirds necessary to cause Congress to call an Article V Convention?
(11.2)   Can the states rescind an application after the number of applications reaches the two-thirds necessary to cause Congress to call an Article V Convention?
 
Resources:
(12.1)   What resources would you recommend I read to learn more about the Article V Convention?
     

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FOAVC  Frequently  Asked  Questions

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Agenda:
 
(1.1)   QUESTION:   How long would an Article V Convention last?
 
ßback   ANSWER:    While it is impossible to state exactly how long an Article V Convention would be in session, its term would be very short. The only authority an Article V Convention has is to propose amendments to the Constitution. As soon as that has been accomplished, the convention would have to adjourn as it would no longer have any constitutional authority to remain in existence.  Because Congress has failed to call an Article V Convention in a timely fashion and has let applications pile up, it is likely the first Article V Convention will be the longest simply because the delegates will have so much work in front of them; at least 17 different issues in all.

(1.2)   QUESTION:   Who would determine the time constraints on an Article V Convention?
 
ßback   ANSWER:    As the Article V Convention is limited by the Constitution to proposing amendments and no other duty, the length of the convention would be set by how long delegates would be at work composing, debating and disposing by vote of various proposed amendments. Just as Congress does, the convention would use committees to address the various amendment issues as well as other procedural business of the convention. These committees would have to have time to work in order to create the actual language of proposed amendments. Unlike Congress however, the convention has no power to tax nor could it be funded by either the states or Congress as such funding would allow these political bodies to dictate and control the convention much as is done currently with federal spending and the states. The convention delegates will be volunteer, as will be its staff, if the convention has any at all. In this regard it will be exactly as the 1787 convention. This lack of funds will therefore be the overriding limit on the length of convention most likely limiting it to a few weeks at most.

While Congress must issue a call setting a time and place for a convention, there is nothing in the Constitution stating delegates must actually meet there. Given the circumstances of no funding, and the tremendous costs involved of renting a hall for several hundred delegates, providing services and security for these delegates, setting a vast communications network needed to publicize such a convention plus other such expenses, it is likely the convention will instead turn to a much cheaper, more universal method of communication--Internet teleconferences, which will allow delegates to "meet" on a single website, conduct business, exchange ideas, speeches, documents, debate the issues and vote all while remaining in the comfort of their own homes, still attending to their daily lives. This method of conducting convention business will also allow for delegates from all different economic strata rather than the rich and super rich as are found in Congress now to become delegates as the delegates will still be able to keep their current incomes and sources of revenue unlike members of Congress who must travel to Washington D.C. where they become prey to lobbying efforts. As the voting and discussion at such a convention will certainly be designed to accommodate such delegates, it will be easy for any delegate to simply "pick up" the conversation hours later and remain fully involved in convention business while still having a normal life. Further, as the teleconferences can easily be saved and distributed live on the Internet, it will allow a true, real time observation by any American interested in the proceedings on his computer.

It is also likely the convention committees will use such teleconferences to gather information and input in the form of surveys, forms and other Internet data directly from the American people. The Internet of course will provide direct communication between the delegates and the people they represent as well as allowing the delegate to remain in the district he represents so that he can continue to communicate with his electors face-to-face all the time the convention is in session thus allowing the electors to keep an "eye" on the delegate and his activities.


(1.3)   QUESTION:   Who would determine the agenda for an Article V Convention?
 
ßback   ANSWER:    While nearly all the applications submitted by the states for an Article V Convention do contain a issue for a particular amendment, the issue of the application has no constitutional significance because the application by the states is for a convention call ["on the application of two-thirds of the states legislatures [Congress] shall call a convention..."] rather than a specific amendment issue. When Congress calls the convention, then the issue of the applications form, in part, the basis of the agenda of the convention.

The agenda for an Article V Convention will be determined (1) by the already submitted applications on currently on file in the Congressional Record; (2) any new issues the states submit to the convention for its consideration and (3) any amendment issues submitted by the delegates themselves. Presumably, the delegates will reflect in these issues the desires of those Americans who elect them to the post for specific amendment proposals.

         

 
Article V Convention:
 
(2.1)   QUESTION:   Is an Article V Convention the same thing as an "amendatory convention"?
 
ßback    ANSWER:    Yes. An "amendatory convention" is merely an informal term describing an Article V Convention. It is also appropriate to use the term "convention to propose amendments" which is the exact language used in Article V of the Constitution to describe an Article V Convention. All these terms refer to the limited and single power of an Article V Convention to propose amendments to our current Constitution. The Article V Convention has no other powers than this.

(2.2)   QUESTION:   Can an Article V Convention "runaway" like a "constitutional convention" can?
 
ßback    ANSWER:    No. Only a "constitutional convention" can runaway. The Article V Convention, as its name suggests, is held under the authority of Article V of the Constitution which means as with all branches of government, it is held to the same standards of law as Congress, the president or the Supreme Court. Thus, if a an Article V Convention were to attempt to "runaway", that is assume more power than assigned it by the Constitution, the delegates who would undertake such a coup can be arrested, tried and convicted under already existing federal criminal laws.
 

Amendments:
 
(3.1)   QUESTION:   What amendment proposals will likely be discussed for proposal at an Article V Convention?    
 
ßback    ANSWER:    While it is impossible to predict every amendment proposal that will be discussed at an Article V Convention, it is certain that amendment issues submitted by the states in their applications will create an agenda for the convention which might be best termed "old business" as these will be amendment issues already submitted. The convention most certainly will pass a rule that will prohibit an amendment issue that is "old business" from being considered again in "new business" where issues not submitted by the states already or submitted by the delegates themselves will be considered.

The fact that many amendment proposals involving many amendment issues does not mean a convention will actually propose a large number of amendments. As discussed elsewhere, proposing and ratifying an amendment to the Constitution is a difficult matter at best.


(3.2)   QUESTION:   Can one state delegation offer multiple amendment proposals?  
 
ßback    ANSWER:    Yes. As with any meeting, and in the ultimate analysis, an Article V Convention is nothing more than a meeting, any member can propose as many motions or amendments as he wishes. The same applies to state delegates to an Article V Convention.

However, as with any meeting, the convention may choose in establishing its rules of procedure rules that would limit motions or amendment proposals by a single state delegation. Therefore, unless the convention itself limits the number of amendment proposals that a single state delegation may advance, there is no restriction on the number of amendment proposals a single state delegation may propose.


(3.3)   QUESTION:   Can states offer amendment proposals?    
 
ßback    ANSWER:    It is entirely within the purview of states be it through state legislatures, initiatives, private citizen actions or any other legal means to present or advance to delegates of an Article V Convention amendment proposals or suggest issues of amendment for consideration by the convention.

However, as with Congress, only an actual congressional member or in the case of an Article V Convention, a delegate, may actually offer an amendment proposal to the convention for its consideration. If this rule of limiting who can actually offer an amendment didn't exist, total chaos would ensue as it would anyone could propose amendments. However the Constitution makes it clear that only Congress or an Article V Convention may propose amendments to the Constitution thus preventing any such action. the reason states cannot offer amendment proposals directly is it would violate separation of powers giving a single political body (the states) the ability to both propose and ratify amendments without review by anyone. Thus states cannot offer amendment proposals without first either presenting them to Congress or a convention for consideration and review.

The Article V Convention however as described elsewhere in these FAQs, will most likely be conducting its work on the Internet. Unlike Congress therefore, the use of the Internet will enable the convention to have a much more direct, interactive communication with the people the delegates will represent and will enable the people to have a much more direct input to the delegates and the convention than is possible with Congress. Unlike Congress in which rich, highly paid staff members and lawyers are employed by members of Congress to prevent direct access between the member and the public, the convention will have a small staff and unless the specific delegate hires staff members, will have no rich, highly paid staff members and lawyers to act as roadblocks for public access. Thus, there will be a direct link between the public and the delegates. In short, an Article V Convention will be able to listen to the American public more attentively and better than Congress ever has.

As delegates will be able to remain in their homes because the convention will be held on the Internet rather than be forced to travel to a distant, unfamiliar meeting location such as Washington D.C. where they would be prey to the special interest lobbyists and other money peddlers so common to Congress today they will easily be able to directly and personally deal with members of the public in their own district who actually elected the delegate.

But thanks to the Internet the convention will be able to do much more than Congress does. A simple web page form with appropriate security measures will allow members of the public to submit amendment proposals and issues to the delegates. The form will inform people whether an amendment issues has already been submitted and filters will prevent the submission of duplicate issues and amendment language thus preventing automated spam from flooding the site. The public will be able submit comments on forums about amendment proposals which the delegates will be able to monitor via email messages. Delegates will be able to respond to the public via the Internet by posting their own web sites and email letters to the public. All of this will be public information which can viewed by the public, unlike Congress which goes to great efforts to hide and obfuscate public information regarding its activities and certainly does not allow for direct public input into its business preferring instead to accept "campaign" contributions by the lobbyists to be the only source of "public" input listened to by Congress.


(3.4)   QUESTION:   How will the number of potential amendment proposals be limited or controlled so that everything in the Constitution isn't amended?
 
ßback    ANSWER:    Amending the Constitution is deliberately difficult to do. It was made this way by the Framers because they believed it was important that the Constitution could be changed if required but should not so easily altered that it could be done for transient reasons. As a result they established that a super-majority (two-thirds) must first approve an amendment proposal before it can even be proposed for ratification and then an even larger super-majority (three-fourths) must ratify the proposal. To make the matter more difficult the Framers made the amendment process involve at least two distinct groups, either the Congress or an Article V Convention to propose the amendment and either the state legislatures or state ratifying conventions to ratify it. The Framers realized each group would bring to the amendment table a different perspective and thus a different agenda regarding any amendment proposal. With all these safeguards, the Framers realized that only those amendment proposals that would have a wide acceptance would gather the necessary support to become part of the Constitution.

Because of the equal protection clause of the 14th Amendment the Article V Convention will be under the same restraint as Congress when it comes to proposing amendments for ratification, that is, it will require two-thirds of the state delegations voting in favor of any amendment proposal before the convention will be able to submit a proposal for ratification consideration.

As with any group, the convention will be composed of a variety of citizens representing the entire political spectrum. Naturally some of these political views will conflict forcing the delegates to compromise and work out solutions in order to reach the required two-thirds consent necessary to pass an amendment proposal.

All together, these political and constitutional hurdles will limit the number of amendment proposals coming out of an Article V Convention to a small number just as has happened in Congress. Over the years literally hundreds of amendment proposals have been proposed in Congress but only a handful, 27 in all spaced over a period of over 200 years have actually been proposed by Congress for ratification. With the convention having a life of only a few weeks, it is likely the number of amendments proposed by the convention will much less, perhaps as few as only one or two amendment proposals. Beyond all these limitations for the convention is the fact that there is no guarantee that any amendment proposal will receive the required three-fourths ratification consent thus presenting another political and constitutional hurdle entirely out of the control of the convention which, by the time the amendments shall have been presented to the states for ratification, will have adjourned permanently.


(3.5)   QUESTION:   Can the Article V Convention propose repeal of current amendments, such as the 16th Amendment, for example?
 
ßback    ANSWER:    Yes. Congress proposed the 21st Amendment to the Constitution repealing national prohibition which had been created by the 18th Amendment. The Convention could obviously do the same thing. In fact, the record shows that the one most common issue for a convention is repeal of the 16th Amendment with so many states behind it that had not Congress refused to obey the Constitution, it would have been ratified long ago and the paying of federal income tax and the IRS would be a distant memory. However, regardless of what amendment the convention may propose for repeal, that amendment proposal must be ratified by the states before such a repeal can take place. If the proposed repeal is not ratified, the original amendment remains in place as part of the Constitution.

(3.6)   QUESTION:   Can the Article V Convention "clarify" a current amendment, such as the Second Amendment, for example specifying it refers to "individual right" rather than a "state right"?
 
ßback    ANSWER:    Yes. Congress did this with the 12th Amendment which "clarified" language regarding the election process of the President of the United States commonly referred to as the electoral college. The amendment was added to the Constitution following the 1800 election in which several weaknesses in the Constitution regarding electing the president were exposed. In fact, as shown by the links in the 12th Amendment, presidential succession has been "clarified" by at least two other amendments, the 20th and 25th.

It is possible that because of applications already on file, the convention will again visit the electoral college. Currently however, there are no applications on file for a "clarification" of the Second Amendment. Therefore such an amendment would have to come from initiation by a delegate or a new application filed by a state.


(3.7)   QUESTION:   Can the Article V Convention propose an amendment overturning a Supreme Court ruling?
 
ßback    ANSWER:    Yes. By one estimate, nearly 80 percent of the applications made by the states contain issues relating to Supreme Court decisions. The issues range from apportionment, judicial review of statutes, limited congressional terms, line item veto to limited judicial terms, right to life, school prayer, secular school funding, supreme court authority and selection of federal judges.

While it is possible the convention may attempt to propose amendments addressing each of these supreme court ruling issues, the likelihood of this is small. As noted above, each amendment proposal will face a difficult path to ratification and therefore it is likely the convention will take a more practical, pragmatic approach.

Instead of attempting to write an amendment to solve each problem the convention is asked to resolve by proposing an amendment, the convention may instead decide that the best solution to the problems facing the United States is to provide its citizens with a new set of constitutional "tools" which will in turn allow the people to solve these problems after the convention has adjourned.

It is possible the convention may come to realize that the indirect democracy the United States has operated under no longer is operative. Therefore the convention may determine that a form of directed democracy will better suit the nation in the coming centuries. As such it will not pass proposed amendments to solve or deal with each Supreme Court ruling but instead will most likely address the overriding question of proposing an amendment that defines the court's power of judicial review (as this question has never answered by a constitutional amendment) as well as providing a means whereby the people can review those court decisions in some manner.


(3.8)   QUESTION:   Can an Article V Convention propose amendments dealing with economic issues?
 
ßback    ANSWER:    Yes. Several amendments in the past have dealt with economic issues or were related to economic issues such as 11th Amendment which addressed lawsuit for claims across state lines, the 13th Amendment which eliminated slavery, a form of economic income in this nation, the 16th Amendment which expanded the taxing base of the government, the 18th and 21st Amendments which first removed, then restored the liquor trade in this nation, a source of income, the 24th Amendment which eliminated a poll taxes a source of income for states and the 27th Amendment which attempted to regulate pay raises by members of Congress but has largely been circumvented by Congress thanks to a Supreme Court ruling allowing for automatic "cost of living" increases the court said does not fall under the purview of the amendment.

Because Congress has, over the years, seen fit to regulate and control much, of not all of our economy through the commerce clause it is possible economic amendments will be discussed and possibly proposed at the convention. Such amendments may include balanced budget and repeal of federal income tax along with common practice of federally mandated programs requiring the states to pay for the program commonly referred to as federal mandates.

It is also possible the convention other solutions in the economic area to solve problems America faces. For example, the convention may come to realize our current taxed-based government might be better served if the income for the government was based, not on taxes on the citizens, but on interest in investments in the economy from which the government would derive its funds. Naturally the convention would set up a system whereby the people would regulate the government in this and there would be a transition time as the time necessary to invest built up meaning that people would still pay taxes but less each year. The advantage, of course, would be that as soon as investment money began building a return, taxes would be lowered, first with the lowest income as they would pay the least tax and therefore money to cover their financial income would appear first, and later trickling up the economic ladder finally to the most wealthy freeing them from paying taxes last, basically creating a trickle up economy. Finally such an amendment proposal by the convention would consolidate several other amendment proposals as balanced budget as the amount of interest available to the government would be all that would available forcing a balanced budget.

 

Applications:
 
(4.1)   QUESTION:   What are applications for a convention 
 
ßback    ANSWER:    Under the terms of Article V of the Constitution, two-thirds of the state legislatures must apply for a convention in order to compel Congress to call an Article V Convention. The applications for a convention are those documents submitted by the state legislatures to notify Congress officially of the desire of the state legislature under its authority granted it by Article V to have Congress "call a convention to propose amendments." Because the word "application" is used in the Constitution to describe the act of applying, the term "application" has been applied to describe these documents.

The Constitution does not specify what form an application submitted by a state must have. Because of this, states have been free to submit whatever they desire in the application frequently using the application for political rather than constitutional reasons. Thus, it has become common for states to submit an application containing language asking for a specific amendment proposal or issue rather than just a convention call. Earlier applications submitted by the states contained no amendment issue and have been given the name "general" applications by most constitutional authorities. However constitutionally whether an application contains a proposed amendment issue or not, it is just as valid an application and just as binding upon Congress to cause it to call an Article V Convention.


(4.2)   QUESTION:   When the states submit an application for an Article V Convention exactly what are they applying for?
 
ßback    ANSWER:   The application applies for a convention call by Congress. The language of Article V is explicit and clear: "...or, on the application of the legislatures of two thirds of the several states, [Congress] shall call a convention for proposing amendments...".  Therefore, the action that the applications clearly cause is for Congress to call for a convention, and do not have anything to do with any amendment actually proposed at a convention.

Because the action of the application by the states is for a convention call rather than a specific amendment, the issue of any amendment proposal contained in the application is constitutionally irrelevant to the purpose of the application (the purpose being: to cause Congress to call an Article V Convention). The reason that applications are a trigger for a convention call, rather than a specific amendment issue,  is because:   if the application were for a specific same-subject amendment only, it would mean that the states could actually ratify an amendment issue before the written language was finalized (assuming that three-fourths of them "applied" for the same amendment issue).  There then is essentially no need for both steps.  But that is unlikely that two-thirds of the states will word their amendment applications the same way.  There must exist a phase for the states to all work on the final wording of each amendment before being submitted for ratification.  That is the purpose of the convention, and the reason the same-subject requirement makes no sense. Otherwise, Congress would then be put in the position of calling a convention to propose an amendment which the states were essentially already prepared to ratify. That means that the convention would have the power to add language into the Constitution without anyone having the authority to review it, which is the purpose of ratification.  The Framers of the Constitution clearly intended that all amendment proposals, whether proposed by Congress or convention, must be ratified before taking effect (i.e. as stated in Article V: "...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..."). So, it is clear that the application language of Article V cannot refer to a same-subject amendment, since the language of each issue can vary greatly when initially submitted (since the states do not collude on the wording prior to submission of an amendment). The language is hammered out in the convention. Not before the convention. 

Further proof of the fact that the applications are for a convention call rather than a specific same-subject amendment is that the above scenario currently exists. The record shows that 39 states have applied for the repeal of the 16th Amendment which authorizes Congress to tax and collect income tax. If, as many suggest, the applications are same-subject, then it follows that even without writing the amendment, federal income tax has already been repealed.  That is, enough same-subject amendments already exist.  If "same-subject" is the correct interpretation as to how applications should be counted, the IRS has not gotten the message, since it continues to collect income tax despite having no constitutional authority to do.


(4.3)   QUESTION:   How must the applications for an Article V Convention be counted?
 
ßback    ANSWER:    The applications must be counted by a simple numeric count of applying state legislatures. The language of Article V specifies "...on the application of the legislatures of two thirds of the several states..." Obviously two-thirds is a numeric ratio of the applying states to the total number of states in the union as well as a specific number of states comprising that two-thirds group. The Constitution therefore clearly designates that any count of applications must be based solely on the number of applying states seeking a convention call with no other stipulations required or implied.

Many people suggest that the applications must be "counted" on the basis of the amendment issue (same-subject) asked for in the applications. Some have even suggested that unless the applications are exactly worded the same Congre