Congress can stop a runaway Convention of States

The replacement, or supersession, of the Articles of Confederation by the Constitution was done in an orderly and lawful manner. The delegates to the Annapolis Convention of 1786 requested that the Confederation Congress call a Constitutional Convention in May of 1787, to be held in Philadelphia. The Congress acceded to the request and called the convention.

On September 17, 1787, after finishing drafting the proposed Constitution, the Convention unanimously adopted a Resolution calling for it to be submitted to the Confederation Congress, and recommended that that Congress, in turn, submit the proposal to state conventions for their assent and ratification. The Convention of 1787 did not believe it had the standing to submit their proposal to the states for their consideration. Only Congress had that authority.

Likewise, a Convention of States, called by the Congress pursuant to Article V, would lack the authority to submit their proposal to the States. Only Congress has that power, and the power to determine the method of ratification. To argue the contrary is to ignore clear historical precedent.

The Confederation Congress chose to follow the recommendations of the Convention. It was not obligated to do so.

So if a Convention of States, called pursuant to Article V, were to ignore limitations on its authority, as stated in the call of the Convention, Congress would have the power to refuse to submit it to the states for ratification.

Congress has the power to prevent the dreaded “runaway”.

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