On Nov. 20, the Massachusetts Legislature passed joint resolutions H.4692 and S.2684 which rescind all previous applications for a national Constitutional Convention under Article V of the U.S. Constitution. This joint initiative is in response to concerns that Congress and the Trump Administration could attempt to use prior Massachusetts resolutions to call for an Article V Constitutional Convention to advance their own political agenda, moves that could have broad and sweeping implications on current protections under the U.S. Constitution.
“This measure is critical to upholding the democratic values we hold dear here in the Commonwealth,” said Sen. Joan Lovely (D-Salem). “As we face increasing impacts from the federal government, it is critical that we ensure that our residents’ rights are protected and our progress on crucial issues remains steadfast.”
House Speaker Ronald Mariano added, “As President Trump and Congressional Republicans continue to use every lever of government to roll back basic rights and halt progress on critical issues, this preventative measure will ensure that outdated Article V resolutions that were passed generations ago in Massachusetts cannot be used by Republicans to advance their own political agenda.”
Senate President Karen Spikla (D-Ashland) said, “Massachusetts refuses to be party to changing the American Constitution because Donald Trump and his supporters want him to be a king. We are a nation of laws, and today we spoke loudly and clearly that this Legislature insists that we follow them for the sake of our democracy.”
Senate Majority Leader Cynthia Stone Creem (D-Newton), lead Senate sponsor of the resolutions, said, “By acting swiftly and collaboratively, both chambers are turning the page on these outdated petitions that no longer reflect the values or priorities of the Commonwealth. Massachusetts will not allow our past resolutions to be misused in ways that could undermine fundamental rights or destabilize our constitutional framework.”
The Legislature’s action makes Massachusetts the 17th state to rescind all prior applications for an Article V convention, and reaffirms that any constitutional decisions should reflect the will of today’s elected lawmakers and the people they represent.
An Article V convention is a process outlined in the U.S. Constitution allowing states to propose amendments if two-thirds (34) of state legislatures call for it. An Article V convention could open the entire Constitution to unpredictable changes, as there are no clear guidelines or limitations on what delegates could propose. While an Article V convention has never been called before in American history, there is recent conservative momentum to add up all active resolutions to meet the two-thirds threshold.
Massachusetts had several outdated Article V resolutions pending before Congress, including one sent in 1977 asking for an Article V convention to constitutionally ban abortions. These dormant calls have been cited in national legal strategies pushing for a convention, arguing they could still be considered active and contribute to the 34-state count. Sixteen states have already taken action to rescind all of their previous calls.
Both chambers of the Legislature voted to approve the resolutions, and the House and Senate Clerks will transmit copies of the resolutions to the Clerk of the U.S. House of Representatives and to the Secretary of the U.S. Senate in Washington, D.C.
