I’m convinced that Congress will never call for an Article V convention, even if the required number of states petition for same. If Congress perceives that there is a substantial prospect that powers of the federal government might be curtailed by such a convention, it would simply spin endless reasons to deny establishment of a convention. These might take any number of forms: argument that some of the state’s petitions were too old, or not identically worded, or that some states’ petitions have been repealed or amended, etc. etc. etc. Even if these claims are specious, Congress will not budge, ever.
What would the states do in the place of such intransigence? Sue? I have little confidence in the Supreme Court’s willingness to honestly deal with such a suit, particularly if it was likely that an Article V convention might curtail court powers and judicial tenure. Again, our robed tyrants would be able to find any number of grounds for such a refusal (e.g., lack of standing) including simply finding grounds emanating from the penumbra of some constitutional provision or another.
Advocates of substantial constitutional change through an Article V convention may face the prospect of simply convening a convention, even absent a Congressional call. Could the federal government physically prevent such a convention? It could and probably would refuse to acknowledge the results, even if an amended or rewritten constitution submitted by the convention was ratified by 35 or 40 states. Would the states supporting the new charter be prepared to tell the existing government “So long, it’s been good to know ya’” and prepare to deal with the consequences? That didn’t work out so well a century and a half ago. Maybe this time would be different, maybe not.
I will note, however, that there is American precedent for this. The convention which adopted our current United States constitution and submitted it to the thirteen original states for ratification essentially ignored the Articles of Confederation which it replaced.
Not true. The Constitution was unanimously ratified. Or was there some other illegality you were speaking of? Is our current Constitution illegal and illegitimate?