Call for Article V convention on amendments

Summary#

“Convention of states” is a Wyoming Senate joint resolution, not a bill amending an existing law. If adopted by the full Legislature, it would apply to Congress to call an Article V convention to propose constitutional amendments on specified topics; its stated goal is to restrain federal power.

• The requested convention would consider amendments imposing fiscal restraints on the federal government, limiting federal power and jurisdiction, and limiting terms of federal officials and members of Congress.
• The resolution says the convention must not consider changes to the Bill of Rights and should be limited to those topics.
• It declares that states would each have one vote, that state legislatures would choose delegates, and that Wyoming could instruct or recall its delegates. These are positions set out in the resolution; the text does not establish that other states or Congress must accept them.
• The application would remain in effect until at least two-thirds of state legislatures had applied on the same subject.
• If adopted, Wyoming’s Secretary of State must send copies to listed federal and state officials. The resolution recommends that Congress choose state legislatures—not special state conventions—to ratify any proposed amendments.
• The supplied status says the resolution passed the Wyoming Senate. It has not, on that information, been adopted by the full Legislature.

What it means for you#

• Wyoming residents: The resolution would not itself change federal taxes, spending, officials’ terms, or anyone’s rights. It asks Congress to call a convention where amendments could be proposed.
• Wyoming legislators: If the resolution is adopted, the Legislature would be making an application to Congress. The resolution says the Legislature may later give instructions to its delegates and recall them for breaking a duty or instruction; it does not appoint delegates now.
• Wyoming Secretary of State: The office must transmit copies of the resolution if it is adopted.
• Federal and state officials: The resolution asks for cooperation and sets out Wyoming’s requested limits and positions. It does not itself call the convention or make constitutional amendments.

Money#

No cost information is in the available material.

• The resolution requires the Secretary of State to transmit copies but gives no cost estimate.
• It does not specify funding, delegate expenses, or other costs of a convention.

What is unclear#

• The resolution does not explain how “substantially the same purpose” or “the same subject” would be determined when counting applications from other states.
• It does not set out how delegates would be selected, how many Wyoming would send, or what procedures the convention would use.
• It asserts limits on the convention’s scope and rules, but does not explain how disagreements over those limits would be resolved.
• It does not say when the application would take effect if adopted, or how Wyoming could withdraw it.
• The resolution does not explain how proposed amendments could affect people in practice; amendments would still need to be proposed and ratified.

Case for#

• The resolution appears intended to give state legislatures a way to seek constitutional amendments addressing federal spending, federal authority, and terms of office.
• A possible argument for the approach is that it names the subjects Wyoming wants considered and expressly excludes changes to the Bill of Rights.
• The resolution also says Wyoming could instruct and recall its delegates, which could provide the Legislature a way to oversee them.

Case against#

• The requested topics—such as limiting federal power and imposing fiscal restraints—are broad, and the resolution does not define their boundaries.
• The resolution states how the convention should be limited and governed, but does not explain how those terms would be enforced if other states or Congress disagreed.
• The process could involve costs for delegates and government administration, but the resolution provides no estimate or funding plan.
• The application would continue until a two-thirds threshold is reached, and the resolution does not describe a way to withdraw it.