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House committee advances Article V convention resolution as members trade sharp questions on scope and timing
Summary
A House concurrent resolution invoking Article V drew extended floor discussion about who would select delegates, how a convention would be limited, and the political timing of a convention call; the Committee of the Whole recommended the measure for a do-pass report.
House Concurrent Resolution 20-41, proposing an application to Congress under Article V of the U.S. Constitution, received a do-pass recommendation from the Committee of the Whole after extended floor statements both for and against the measure on Feb. 17, 2025.
Representative Montenegro, the resolution sponsor, framed the measure as a check on a "runaway federal government," saying the founders gave state legislatures a tool in Article V to restrain federal power. "We have the ability to do that," Montenegro said in his closing remarks, and he urged colleagues to "flex our constitutional muscle."
Opponents raised questions about mechanics and timing. Representative Powell asked a series of procedural questions on the floor, including: "Who would select delegates to the convention? Will the people be able to block appointment of a delegate?" Powell warned that Article V could have unpredictable consequences and quoted national figures who had criticized calling a convention to propose amendments.
Representative Fink argued the problem is federal overreach and said states should act to push back through established constitutional means; he described nullification-type approaches and urged state action short of a convention.
On the floor, the Committee of the Whole recommended HCR 20-41 "do pass," and the committee report was included with a batch of measures referred to engrossing. The transcript shows the Committee of the Whole recommendation and floor debate, but a final roll-call third-reading tally for HCR 20-41 is not recorded in the provided excerpt.
Why it matters: An Article V application from states is a constitutional mechanism with historical precedent; supporters said it is a tool to prompt federal action or amendments, while critics warned about open-ended risks and the lack of procedural safeguards in the resolution language.
Recorded actions: Committee of the Whole recommended HCR 20-41 do pass; the House report referred it to engrossing for further floor consideration.
