January 2025 Constitutional Convention Update

The latest Constitutional Convention update ahead of both state and congressional 2025 legislative sessions

The 2024 election is over, and results show that Republicans have secured a trifecta and will control the White House, Senate, and House of Representatives. Although the majority in the House is small, Americans will see how Republicans decide to wield power in order to enforce their agenda. One goal on the agenda is calling the first-ever Article V Convention of States or Constitutional Convention. At the convention, delegates will have the opportunity to amend the constitution if not attempt to write a new document. If this is your first time reading about this, please read my previous articles on the movement.

The chances of a convention being called have grown tenfold as a result of the election. Since the Republicans hold a trifecta, they will have the power to not only introduce the legislation, but also pass it. If Congress does not fall in line, officials at the state level are working to launch a legal challenge to confirm Congress’ responsibility to call a convention if the number of states has been met, which it has. 

North Carolina passed a resolution to call a Constitutional Convention to propose amendments related to setting term limits on federal offices. Term Limits is an initiative growing around the country, and the North Carolina passage gave the group its ninth state. The full list and map of the Term Limits secured states are below.

Map of the Term Limits resolution passage according to U.S. Term Limits: Alabama, Florida, Missouri, North Carolina, West Virginia, Wisconsin, Tennessee, Oklahoma, and Louisiana

Although the passage in North Carolina has drawn some rightful concerns about the direction of the movement, coupled with the incoming Republican trifecta, the two-thirds or 34 states has been met. Over 34 states have called for a convention throughout U.S. history, and it is this aggregate number that Republicans will use to call a convention. Texas Representative Jodey Arrington has introduced legislation related to calling a convention twice in the House. During the 117th Congress, Arrington introduced HR8419, a bill that, if passed, would direct the Archivist of the United States to “authenticate, count, and publish applications of States calling for a Convention for proposing amendments to the Constitution of the United States, to publish a certification when two-thirds of the States submit applications calling for such a Convention, and to notify Congress of the requirement under Article V of the Constitution to call such a Convention when such a certification is published, and for other purposes.”

During the 118th Congress, Rep. Arrington introduced H.Con.Res.24, a resolution calling for an “Article V convention” to propose amendments related to fiscal responsibility. His resolution went further to say any amendments proposed would have to be ratified by three-quarters or 38 states via state ratifying conventions of delegates. In Arrington’s HR8419 bill, he is calling on the Archivist to “.. authenticate, count, and publish all applications of States calling for a Convention for proposing amendments to the Constitution of the United States pursuant to Article V of the Constitution, together with resolutions of States to rescind previous applications.” The key word is “all,” many have attempted to minimize the movement because no one single topic has gathered the necessary two-thirds or 34 states. However, they are not counting based on subject. The Constitutional Convention movement is counting in total. 

Article V of the Constitution

Many people believe any movement calling to rewrite the Constitution must have applications under the same topic. However, that is simply a misconception and not a requirement outlined in Article V. The article is very clear: 

The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.

National Archives

Article V makes no statement that the applications of two-thirds of states have to be on the same topic or subject. The section is very clear that Congress must call a convention on the application of two-thirds of states. That's it—no mention of the applications required to be on the same subject or topic. Throughout U.S. history, over 34 states have called for a convention. If you've been following, you are aware of the four groups I have already discussed. However, there are older applications still active on state records. Below is a map I created detailing the convention landscape and the over 34 states that have active resolutions in their books.

Counting to 34 States

Color coded map of states with active Article V resolutions on their records

Through this process, the number of states needed has already been met, but it depends on what they decide to count. The resolution Rep. Arrington put forward does not mention the Selected Memorials under the Clerk of the House of Representatives, so the question stands: will they count resolutions submitted as Selected Memorials, or will states submit the applications they have passed throughout history? Will states be required to submit previous applications? For example, the states in green (Washington, Minnesota, Kentucky, Maine, Massachusetts, and Connecticut) have active legislation going back to as early as the 1900s. If they have not rescinded, will they be required to submit the application to the Archivist? Or will the Archivist use the Senate Congressional Record? 

In contrast, if they decide to start with the Selected Memorials, the earliest application that the Clerk of the House of Representatives is recording is a 1960 Louisiana Jim Crow-era call seeking to hold a convention to propose amendments that would nullify the Brown v. Topeka Board of Education decision and enshrine racial segregation into the Constitution. Although the initiative failed to gather 34 states for the same topic, it did garner at least 14 states, according to the Clerk’s database. However, if you want to count states attempting to end bussing or ensuring private schools can still receive public funding post-Brown, then the total number jumps to 19 states. For the sake of keeping the count simple, the four main groups (COS, BBA, Term Limits, WolfPac) actively seeking a convention were counted. The miscellaneous (green) states were included because their resolutions are still active as they have not been rescinded, nor is there an expiration date given.

Miscellaneous States

On the map, five green states highlight their active resolutions calling for a convention at some point during the state’s history. The states in green have resolutions on topics covering a wide range of issues. Some resolutions are limited in the language, and some are not. However, because of the language of Article V “on the application of the legislatures of two-thirds of the several states,” the limitedness of the resolution may not matter in practice, especially if Rep. Arrington’s legislation to count all becomes the standard. Nonetheless, these resolutions are still active. 

Connecticut

• US-United Nations Reform. Passed in June 1949. SJR 15. Congressional Record-Senate Page 7689

• Taxation. Passed in 1958. SJR 9. Congressional Record-Senate Page 8085-8086

Kentucky

• Apportionment. Passed in 1965. SR 9. Congressional Record-Senate Pages 26073-26074 

• Jim Crow-era to end bussing. Passed on Aug 19 1975. HR 29.

Massacheuttes 

• Public Funds for Secular Education. HR 5 Passed on March 4 1974.

• Forced Birth. Passed in 1977. HR 5.   

Maine

• Direct Election of Senators. Passed on February 22 1911. Congressional Record-Senate Page 4280 

Minnesota

• Direct Election for Senate. Passed on Feb 9 1901. SF 94

• Anti-Polygamy. Passed on Apr 8 1909. JR 17 

• Direct Election for Senate. Passed on Mar 4 1911. JR 10

Washington

• Plenary. Passed on March 18 1901. HB 90.

• Direct Election of Senators/Plenary. Passed on March 12 1903. HB 207.

• Anti-Polygamy. Passed on Sept 1 1910. SCR 17. Congressional Record-Senate Page 451 

• Apportionment. Passed on March 30 1963. HJM 1. Congressional Record-Senate Page 5867 

Key:

SJR= Senate Joint Resolution

SR=Senate Resolution

SCR= Senate Concurrent Resolution

HR= House Resolution

JR= Joint Resolution

HB= House Bill

HJM= House Joint Memorial  

Legal Challenge and 2025 Future

As for the movement’s second legal challenge, in the fall of 2023 at the ALEC Summit, speakers called on attorney generals to file a joint venture to force Congress to call a convention. By the end of 2023, Utah became the first state to pledged support, and by March 2024, Arizona joined the pledge. Calls to offices of the Senate and House leaders in Utah and Arizona for comment were left unanswered. By the end of 2024, Utah and Arizona were still the only states that had pledged to support a legal challenge. 

As we prepare for the 2025 legislative session, please reach out to your state lawmakers and demand they rescind any and all applications they may have passed throughout U.S. history. If you live in any of the green states, your state is how the movement is surpassing the threshold. Washington, Maine, Massachusetts, Minnesota, and Connecticut might be the easiest states to gather the numbers to rescind. Both Congress and state legislatures around the country will go into session soon. Speaker Mike Johnson voted for the resolution when he was a Louisana State Representative in 2016, and with the power to set the agenda, he can determine which legislation will see the House floor for a vote. Waiting in the wing of the Senate is JD Vance, the incoming Vice President who will be the President of the Senate and could play a tie-breaking vote if it came down to it.