Article V Conventions and American Federalism: Contemporary Politics in Historical Perspective
AbstractThis article examines the federalism implications of state-initiated calls for an Article V convention. Article V of the U.S. Constitution allows two-thirds of the states to call for a convention to consider one or more Constitutional amendments. This article explores the framers’ intent in adding this provision to the Constitution, the history of state efforts to call an Article V convention, and the politics of contemporary efforts to promote such a convention. It utilizes a unique database of 354 state calls for an Article V convention to analyze the evolving politics of this constitutional mechanism. It argues that recent state efforts to promote an Article V convention mirror some historical patterns, particularly the focus on limiting federal government powers in some way. At the same time, Article V initiatives since 2010 diverge from historical practice in their exceedingly partisan nature, which may alter their implications for the federal system.