JOINT RESOLUTION RESPECTFULLY REQUESTING A CONVENTION OF THE STATES UNDER ARTICLE V OF THE UNITED STATES CONSTITUTION (Petitions congress to call a convention for the purpose of proposing amendments to the U.S. Constitution to impose restraints on the federal government.)
Summary
H5385 is a joint resolution that asks Congress to call an Article V convention of the states for the purpose of proposing amendments to the U.S. Constitution. The resolution states that the convention would be limited to amendments imposing fiscal restraints on the federal government, limiting federal power and jurisdiction, and limiting terms of office for federal officials and members of Congress. It frames the request as a response to federal debt, unfunded mandates, and perceived federal overreach.
In addition to making the application, the bill sets out a detailed Rhode Island process for selecting, instructing, and supervising the state’s commissioners to any such convention. It creates qualifications for commissioners, requires an oath, establishes compensation and gift restrictions, and authorizes an advisory committee to monitor commissioners, issue guidance, and remove or suspend them if they exceed their authority. The resolution also directs the Secretary of State to transmit the application to federal and state legislative leaders and treats the application as continuing until the required number of states act on the same subject.
Impact
If adopted, the resolution would not directly amend Rhode Island statutes governing ordinary state programs, but it would formally commit the state to seek a federal constitutional convention under Article V and establish state law procedures for participation in that convention. It would create a framework for appointing and overseeing commissioners, including rules on eligibility, recall, compensation, ethics, and delegation voting procedures. The practical effect would be on Rhode Island’s role in interstate constitutional amendment efforts and on the internal legislative process for managing any state delegation.
Sentiment
The bill’s text reflects strong support for limiting federal authority, reducing federal spending, and imposing term limits, suggesting a reform-oriented and anti-federal-overreach sentiment. Because there are no committee transcripts or recorded votes provided, there is no documented public debate in the supplied materials showing support or opposition from legislators. The overall tone of the resolution is assertive and precautionary, emphasizing state sovereignty and control over the convention process.
Contention
The main points of contention are likely to be the use of an Article V convention itself and the scope of any amendments that could emerge from it. Supporters would likely favor the resolution as a way to restrain federal power, while opponents may worry about the risks of opening a constitutional convention, including uncertainty over convention rules, the possibility of broader constitutional changes, and the enforceability of state instructions to commissioners. The bill anticipates some of these concerns by tightly limiting commissioner authority and creating oversight mechanisms, but those same controls may also be debated as to whether they can effectively constrain a convention process.