Scholar PROVES Congress cannot control Article V convention

Convention of States opponents have cycled through many trite and easily debunked arguments about Article V and why calling a convention would ostensibly pose a threat to liberty and the Constitution. One such argument is that the convention would be controlled by Congress. This, however, as the nation’s foremost Article V scholar revealed in a recent article, is simply fictitious.

Professor Rob Natelson, Senior Fellow in Constitutional Jurisprudence and author of “The Law of Article V,” recently uncovered a Polish scholar’s entry in the “Constitutional Law Review” journal, in which he examined the question of Congress’s involvement in the Article V convention process.

According to the article, Professor Tomasz Wieciech of Jagiellonian University determined that, contrary to the popular myth that Congress can “obstruct the process,” the legislative branch’s role in a convention is extremely and constitutionally limited.

“The history of Article V… leaves no doubt that the intent behind the convention method to amend the Constitution was to deprive the federal government of the full control over the amendment process,” he argued. “The convention of states clause was added only after George Mason raised an objection against the proposition included in the final draft of Article V, arguing that it would make constitutional amendments completely “dependent” on the will of Congress. [The] Convention method provided states with a path to circumvent Congress should it be unwilling to amend the Constitution in a way they desired and refused ‘needed amendments.’”

He then pointed out that “[t]o give Congress any substantial power over the process would... defeat the whole purpose of an alternative and additional mode for amending the Constitution.”

According to the text of Article V (and the logic behind why the convention clause was added), Congress’s only role is to “call”—or set the time and place for—the convention. Nothing more is allowed.

“Once the convention is assembled, the initial role of Congress ends,” Wieciech concluded. “Convention of states is perfectly capable to establish its own rules…. Congress is not authorized to supervise convention or to steer its proceedings.”

For far too long, lawmakers have let fears about Article V keep them from taking this critical step to save our country. Rumors that Congress would control a convention, in particular, have been exploited extensively by opponents. But history and the Constitution itself attest that such rumors are unfounded.

Our whole federal government is out of control. We cannot keep hiding behind excuses not to take action.

Through an Article V convention, the American people can finally (and safely) rein in Washington, and there’s nothing Congress can do to stop it. To join us in that effort, sign the petition below.