Get Informed - Convention of States Overview
How a Convention of States Works
Step 1 - The People Lead
- Citizens ask state legislators to sponsor and support the Convention of States (COS) resolution.
Step 2 - State Legislators Act
- Thirty-four state legislatures must pass a resolution called an “application” calling for a Convention of States. The applications must request a Convention of the States for the same subject matter.
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A state legislator sponsors the COS resolution and files it in his/her state legislature.
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The COS Action resolution is discussed at a committee hearing. The committee will then designate the resolution as either favorable or unfavorable to the citizens of Maryland. A favorable designation from the committee allows the resolution to then be voted on by Senators and/or Delegates. A simple majority of both chambers of Maryland's legislature will add Maryland to the 15 states that have already passed the COS Action application.
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Once 34 (2/3rds) of the state legislatures pass the COS Action resolution, the applications are delivered to Congress.
- Congress counts the applications and calls the convention, setting the date and time. Congress however, does not play a role in the convention itself.
Step 3 - A Convention is Called
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When 34 states pass the COS Action resolution, the states designate whom will represent them at the convention.
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All 50 states (not only the 34 that called the convention of states) send as many delegates as they choose, but each state only gets one vote.
- States are free to develop their own selection process for choosing their delegates, properly called “commissioners." Historically, the most common method used was an election by a joint session of both houses of the state legislature.
Step 4 - Amendments are Proposed
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Delegates propose, debate, and vote on amendments limited to the language of the COS Action resolution. Proposed amendments outside of that agenda would be out of order.
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Proposed amendments can only come out for potential ratification when approved (voted on) by a simple majority vote. (Again, each state gets one vote and all 50 states are represented.)
Step 5 - Amendments are Ratified
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After amendments are proposed and passed by the convention, Congress chooses the method of ratification.
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Normally, Congress designates the state legislatures as the ratifying body, but it may choose to have the states call ratifying conventions. If so, an election by the people would be held in each state to choose delegates to the ratifying conventions.
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Proposed amendments only become valid if ratified by 38 (3/4ths) states.
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It only takes 13 states to stop an amendment from being ratified.
For a list of great articles, videos, and scholarly works, check out the next section of our Convention of States Overview >>> Resources
