Illinois House Joint Resolution 19 calls for an Article V
Convention of States
to limit the scope, jurisdiction, and spending of the federal government
Frequently Asked Questions
- The state legislatures oversee and control the members of their delegation (called commissioners). Some states have already passed measures that spell out selection, oversight, and consequences for commissioners who fail to carry out the instructions given to them by their legislatures, which can include felony charges and prison time. Given the number of A.5 initiatives gaining popularity, the rest of the states are expected to follow suit.
- In order for an amendment proposal to make it out of convention and sent to the states for ratification, at least 26 delegations would have to vote in favor. Neither party controls enough states to pass any measure without securing substantial levels of support from the other party
- The call of HJR 115 is to propose amendments that limit the power & jurisdiction of the federal government and establish spending controls & term limits upon its officials. If any amendment that does not meet this criteria emerges from convention, each of the 50 state attorneys general may bring suit in federal court to have the amendment vacated.
- The final hurdle for any amendment that comes out of convention is the need to be ratified by three-fourths of the states (38). That means it only takes one chamber in 13 states to stop anything that comes out of the convention. Both Democrats and Republicans control more than enough chambers to stop anything extreme.
- Read more about Article V in this Atlantic article by Harvard Law Professor Lawrence Lessig here. <back to top>
Q: Is it safe to "open up" the Constitution?
A: There are many layers of protection against anything radical on either
the left or the right becoming a part of our Constitution at an Article V Convention. Let's look at them one by one.
Q: Who will the delegates be?
A: Each state legislature decides how many delegates they will send, who
they will be, and the oversight mechanisms that will govern their participation in the convention. Regardless of how many delegates a state sends or how populous the state, all votes are conducted on a one-state-one-vote basis. <back to top>
Q: What kinds of amendments might be proposed?
A: The text of the resolution determines what kinds of amendments are
on the table. In this case, amendments that limit the spending, power, and jurisdiction of the federal government. Amendments that meet this criteria include one that prohibits federal officials from exempting themselves and their friends from the laws the rest of us must obey, and one that prohibits Congress from spending money on things not among its enumerated powers as specified in the Constitution.
