Is Kentucky prepared for an Article V convention to propose amendments? Our state has a number of outstanding applications for a convention, and other states are regularly applying for one. Nineteen states have passed the Convention of States Action's application for a convention to propose amendments that impose fiscal restraints on the federal government, limit its power and jurisdiction, and set term limits for federal officials and members of Congress.
Regardless of whether Kentucky ever passes this application, our state should be prepared to participate in one when it is called.
Convention of States Action has created model legislation to establish a recommended process for selecting, instructing and overseeing commissioners to an Article V Convention for proposing amendments to the U. S. Constitution. Our model legislation is intended to serve as a starting point for state legislators to plan in advance how their state’s delegation to an Article V Convention will function.
This legislation has been developed over the past eight months as a result of work by many of Convention of States Action’s legal and grassroots experts. The process started with a team that compiled and reviewed existing legislation as well as model legislation. This team compiled proposed legislation based on the best components of the legislation reviewed. The proposed legislation was then reviewed and edited by a number of attorneys well versed in Article V Constitutional law. Finally, it was reviewed by a number of state legislators who provided valuable feedback which was incorporated into the final version of our model legislation.
The model legislation consists of two components:
1. A model resolution suggesting procedures for selecting, instructing and overseeing commissioners.
2. A model bill enacting criminal penalties for commissioners violating their commission and for individuals interfering with a commissioner’s performance of his or her duties.
You can review these models here. If you have questions about them, please contact COSA's legislative department at legislative@cosaction.com.
