Calling an Article V Convention for proposing a Fiscal Responsibility Amendment to the United States Constitution and stipulating ratification by a vote of We the People, and for other purposes.

Bill Number

H.Con.Res. 15

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Congress

Status

Introduced

Latest Action

2025-02-24: Referred to the House Committee on the Judiciary.

Last Updated

2025-03-03T14:08:27Z

AI-Generated Summary

Purpose of the Legislation

This concurrent resolution (H. Con. Res. 15) aims to invoke Article V of the U.S. Constitution, which allows Congress to call a convention for proposing amendments when two-thirds of state legislatures apply for it. Specifically, it seeks to convene such a convention to propose a "Fiscal Responsibility Amendment" addressing issues like national debt and inflation. It also specifies a unique ratification process involving direct public votes in the states, emphasizing the principle of "We the People" from the Constitution's preamble.

Key Provisions

• Calling the Convention: Congress calls for an Article V convention to propose amendments, with the date and location to be set upon calling. This is conditioned on historical state applications: it proceeds unless the House Clerk reports within 60 days that there are fewer than 34 unrescinded ("continuing") applications from states on broad national issues or specifically on fiscal responsibility.
• Ratification Process: Any amendments proposed at the convention must be ratified by a vote of the people in at least 38 states (three-fourths of the total). This would occur through state conventions where delegates are pledged to reflect public votes and cannot override the will of voters, drawing on a 2020 Supreme Court case (Chiafalo v. Washington) about electoral fidelity.
• Transmission to States: A copy of the resolution is sent to the Administrator of General Services for distribution to all state legislatures.
• Background Rationale: The resolution cites historical state applications (claiming at least 34 since 1979), quotes from Federalist Paper No. 85 (arguing Congress has no discretion to ignore valid applications), and notes the rise in national debt from $860 billion in 1979 to over $36 trillion today, alongside dollar devaluation.

Significant Changes to Existing Law

This resolution does not amend existing laws directly, as it is a non-binding concurrent resolution (requiring approval by both House and Senate but not presidential signature). However, if enacted and leading to a convention:

• It could introduce a new constitutional amendment on fiscal responsibility (e.g., limits on debt or spending), altering federal budgeting rules.
• It proposes a novel ratification method under Article V, shifting from the traditional state legislature approvals to public votes via pledged delegates in state conventions—similar to the 21st Amendment's repeal of Prohibition in 1933 but applied more broadly.

No immediate statutory changes occur; the focus is on triggering a constitutional process.

Potential Impacts

• On Government Agencies: The General Services Administration would handle transmission to states, with minimal direct involvement. If a convention occurs and amendments pass, federal agencies (e.g., Treasury, budget offices) could face new constraints on spending and borrowing, potentially requiring operational shifts.
• On Citizens: Could empower direct public input in ratification, affecting everyday finances through potential curbs on federal debt and inflation. This might lead to reduced government programs or taxes, depending on the amendment's details.
• On International Relations: No direct impacts mentioned, though fiscal amendments could influence U.S. creditworthiness and global economic stability, indirectly affecting trade or borrowing from international entities.

Overall, success might foster fiscal discipline but risks prolonged national debate and division over convention outcomes.

Main Stakeholders Affected

• State Legislatures: Primary initiators via applications; they receive the resolution and could participate in calling or rescinding applications.
• Citizens ("We the People"): Directly involved in proposed ratification votes, giving them a voice in constitutional changes beyond electing representatives.
• Congress: House and Senate must approve the resolution; the House Clerk verifies state applications, potentially sparking internal debates on constitutional duties.
• Federal Government: Broadly impacted if amendments limit debt or spending, affecting executive and legislative branches.
• Constitutional Scholars and Advocacy Groups: Those tracking Article V processes (e.g., fiscal responsibility advocates) would influence or monitor the convention.

Notable Legal, Constitutional, or Political Implications

• Constitutional Implications: Reinforces Article V's mechanism for amendments outside Congress, but hinges on debated counts of "continuing" state applications (historical records show varying numbers, from 34 to 42). It interprets the clause mandating Congress to call a convention without discretion, potentially testing separation of powers if challenged in court.
• Legal Implications: Relies on Supreme Court precedent (Chiafalo v. Washington, 2020) to ensure delegates honor public votes, treating ratification like electoral pledges. If the convention proceeds, it could invite lawsuits over application validity, delegate selection, or amendment scope—Article V lacks detailed rules, risking "runaway" conventions proposing unrelated changes.
• Political Implications: Politically charged as a push for fiscal conservatism amid rising debt, it could galvanize states' rights advocates while alarming those fearing convention unpredictability. Success might bypass partisan gridlock in Congress, but failure (e.g., via Clerk's report) could erode trust in constitutional processes. Neutrality in application counting is key to avoiding accusations of bias.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Arrington, Jodey C. [R-TX-19]

Recent Actions

• 2025-02-24: Referred to the House Committee on the Judiciary.
• 2025-02-24: Submitted in House

Bill Versions

• Calling an Article V Convention for proposing a Fiscal Responsibility Amendment to the United States Constitution and stipulating ratification by a vote of We the People, and for other purposes. — issued 2025-02-24 — PDF (4 pages)