[Red Badger]

A Constitutional Convention would be solely at the discretion of the States, without any input or interference from Congress. That’s the whole idea, to bypass Congress...........

[Publius]

The first bill to regulate the conduct of an Amendments Convention was introduced by Sen. Everett Dirksen in 1967 when it looked like there might be enough states on board to hold a convention to reverse the One Man/One Vote decision. Upon Dirksen's death, the bill was carried forward by Sen. Sam Ervin, and after his retirement by Sen. Orrin Hatch. Hatch last introduced the bill in 1991, and it failed to pass the Senate Judiciary Committee.

Two Supreme Court decisions, Dillon v. Gloss in 1921, and Coleman v. Miller in 1939, grant Congress wide latitude to regulate all facets of the amendatory process provided that regulation does not contravene the words and intent of Article V. This is why Congress believes it has the right to regulate an Amendments Convention. The ABA Report also agrees with this and features recommendations for congressional legislation to determine delegate choice and conduct of the convention.

In the end, I suspect the Supreme Court will have to decide just how much leeway Congress has to regulate an Amendments Convention.

[Nero Germanicus]

In the current political climate, there are 26 states with legislatures controlled by Republicans, 18 state legislatures controlled by Democrats and six states have split control.
According to Article V, Congress must call for an amendment-proposing convention, “on the application of the Legislatures of two thirds of the several States”, and therefore 34 state legislatures would have to submit applications. Once an Article V Convention has proposed amendments, then each of those amendments would have to be ratified by three-fourths of the states (38 states) in order to become part of the Constitution.

Might be tough but its worth trying.

[RKBA Democrat]

“A Constitutional Convention would be solely at the discretion of the States, without any input or interference from Congress. That’s the whole idea, to bypass Congress.”

And implicitly assumes that less than 1/4 of the legislatures are just fine with what is going on in Congress. So which of these states are having problems with what is going on? VT, NY, CA, IL, WA, OR, HI, CT, RI, MA, ME, NJ, MD, MN, and DE. You need to get at least 2 of them plus every single other state to ratify any amendments.

Ain’t happenin’.