How many states are currently seeking an article v constitutional convention?
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Executive summary
Reports diverge on the tally of state applications for an Article V constitutional convention because activists, opponents, and scholars count different coalitions and treat rescinded past applications differently; one advocacy group asserts 28 states have called for a convention [1] while legal-analytical reporting records roughly 27 state petitions tied to a balanced‑budget campaign and a separate 19‑state count tied to the Convention of States movement [2]. The constitutional trigger remains two‑thirds of the states — 34 — a threshold all sources agree is the requirement Congress must meet to “call” a convention [3] [4].
1. The headline number: competing tallies and what they mean
Some advocacy outlets and watchdogs present a near‑complete picture: Common Cause, an opponent of an Article V convention, reports that “28 states” have called for a convention — a framing meant to underscore how close proponents are to the 34‑state threshold [1]; by contrast, policy analysts and legal researchers break the phenomenon into separate campaigns, counting about 27 states that have applied specifically for a balanced‑budget convention and 19 states that have adopted the Convention of States Project’s broader resolution to limit federal power and impose term limits [2].
2. Why the numbers diverge: multiple campaigns, different language, and rescissions
The disagreement is not just partisan spin; it springs from real technicalities: states have passed a range of “applications” with differing purposes and text, groups sometimes add together petitions from distinct campaigns, and legal scholars dispute whether legislatures can later rescind earlier applications — a debate that changes the arithmetic of who “counts” [5] [4]. The Convention of States movement and the balanced‑budget petitioners are distinct coalitions with overlapping but not identical state support, which produces multiple legitimate tallies depending on the question asked [2] [6].
3. The constitutional yardstick: 34 is the magic number, 38 is ratification
All sources reiterate the Article V baseline: Congress must call a convention when two‑thirds of state legislatures apply — currently 34 of 50 — and any amendment proposed by such a convention would still require ratification by three‑fourths of the states to become part of the Constitution, underscoring that a call and a successful amendment are separate hurdles [3] [7] [4].
4. Who’s pushing and who’s pushing back — agendas matter
Pro‑convention organizers like Citizens for Self‑Governance’s Convention of States Project explicitly seek a convention to “limit the power and jurisdiction of the federal government” and impose fiscal restraints and term limits [8] [6], while opponents such as Common Cause and other civil‑liberties organizations warn that wealthy special interests and far‑right actors are driving the effort to enshrine a particular political agenda, a claim aimed both at mobilizing resistance and framing the stakes [1] [9]. Neutral analyses from constitutional scholars and institutions stress structural uncertainties — representation rules, scope, and the possibility of a “runaway convention” — as material obstacles and reasons for caution [10] [2].
5. What reporting can and cannot establish from the provided sources
From the documents provided, the clearest, attributable statements are: Common Cause reports 28 supportive states [1]; the Brennan Center and related briefings document roughly 27 states supporting a balanced‑budget petition and 19 states endorsing the Convention of States Project [2]. What cannot be definitively established from these sources alone is a single authoritative, up‑to‑the‑minute count that reconciles overlaps, rescissions, and differing petition language — that task would require a state‑by‑state audit of current legislative texts and any rescission measures beyond the scope of these excerpts [11] [5].
6. Bottom line
Based on the supplied reporting, proponents are not yet at the constitutional threshold of 34 states; reported tallies center around the high‑20s depending on which coalition’s applications are counted (Common Cause: 28; balanced‑budget campaign: ~27) [1] [2]. The ultimate question — whether Congress must call a convention — remains legally and politically unsettled until a clear and uniformly accepted count of active, non‑rescinded state applications exists [4] [5].