SJM 8011
In CommitteeSenate
Article V convention
Applying for a convention to propose amendments to the United States Constitution relating to fiscal restraints on the federal government, the power and jurisdiction of the federal government, and limit terms of office for federal officials and for members of congress.
This status may be delayed. See Action History below for the latest updates.
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- Introduced: The bill is filed and assigned a number.
- Committee: A subject-matter committee holds hearings, takes public testimony, and decides whether to advance the bill.
- Floor Vote: The full chamber (House or Senate) debates and votes on the bill.
- Opposite Chamber: The bill repeats the committee and floor vote process in the other chamber.
- Governor: The Governor reviews the bill and decides whether to sign or veto it.
- Signed: The bill has been signed into law.
AI Analysis
This resolution, called a Senate Joint Memorial, asks Congress to call an Article V convention of the states to propose constitutional amendments limiting federal power, imposing fiscal restraints, and setting term limits — while explicitly banning any changes to the Bill of Rights. It also asserts strict limits on Congress’s role and reserves Washington’s right to control its delegates.
- Washington’s legislature formally applies to Congress to call an Article V convention of the states to propose constitutional amendments on three specific topics: fiscal restraints on the federal government, limiting federal power/jurisdiction, and term limits for federal officials and members of Congress.
- The application includes strict reservations: Congress may only perform a ministerial duty (setting time/place of the convention) and has no authority to control convention rules, delegate counts, or select delegates.
- The convention would operate under one state, one vote, and would be limited strictly to the topics listed — amendments to the Bill of Rights are explicitly prohibited, and the application would be void if used to consider such changes.
- The legislature may give binding instructions to its delegates and recall them at any time for violating those instructions.
- Washington recommends that Congress choose state legislative ratification (not special conventions) for any proposed amendments, and the application is intended to be continuing until two-thirds of states apply on the same subject.
- The memorial requests that copies be sent to the U.S. President, members of Congress from Washington, and all state legislative leaders to encourage cooperation.
Who is affected
- Washington State Legislature — The state legislature of Washington would be responsible for applying to Congress to call an Article V convention, selecting and potentially recalling its delegates, and ensuring delegates follow state instructions.
- U.S. Congress — If two-thirds of states apply for a convention, Congress would be required to call the convention (a ministerial duty), but would have no authority to set rules, delegate counts, or select delegates.
- Washington State Delegates to a Potential Article V Convention — Delegates chosen by Washington’s legislature would represent the state at the convention, bound by state instructions and subject to recall if they violate those instructions.
- Washington Residents and U.S. Citizens — All U.S. citizens could be affected if the convention proposes amendments that alter federal power, fiscal rules, or term limits — especially regarding the Bill of Rights, which the bill explicitly bars from being amended.
Pro/Con Analysis
Potential Benefits (3)
The resolution asserts a constitutionally grounded check on federal overreach — reinforcing the states’ role as co-sovereigns under Article V, and could strengthen Washington’s position in federalism disputes by formally documenting the legislature’s view on limits to federal power.
Local GovernmentRef: Section 2(a), 2(b), 2(c)The resolution includes strong internal safeguards: binding instructions to delegates, recall authority, and explicit exclusion of Bill of Rights amendments — which, while not legally binding on other states or the convention, demonstrate responsible stewardship and may influence other states’ approaches.
Local GovernmentRef: Section 2(e), 2(g)By reserving the right to recall delegates for violating instructions, the legislature retains direct accountability over its representatives at a potential convention — reinforcing democratic control and reducing the risk of delegate defection or deviation.
Local GovernmentRef: Section 2(g)
Potential Concerns (4)
An Article V convention carries a non-zero but hard-to-quantify risk of unintended constitutional consequences — including the possibility (however remote) of a 'runaway convention' that could propose amendments beyond the stated scope, potentially threatening fundamental rights, even if the bill prohibits Bill of Rights amendments. The constitutional text does not define convention rules, precedent is nonexistent, and historical precedent (e.g., 1787 Constitutional Convention) shows that delegates may exceed mandates.
Rights & LibertiesRef: Section 2(d)If Congress is required to call a convention upon receiving 34 state applications, Washington’s legislature would divert time and resources to delegate selection, instruction, and potential recall — creating administrative burden and opportunity cost for state legislative operations, though the fiscal impact is likely minimal.
Local GovernmentRef: Section 2(c), 2(f)The explicit prohibition on amending the Bill of Rights is unenforceable in practice: the convention itself would define its own rules and procedures, and there is no mechanism in the bill to bind delegates or other states to this limitation — meaning the ban is symbolic, not structural.
Rights & LibertiesRef: Section 2(e)The bill assumes Congress will perform only a ministerial duty, but if Congress disputes whether applications are “substantially the same” (e.g., due to differing language on fiscal restraint vs. term limits), it could lead to legal challenges or delays — potentially undermining the resolution’s effectiveness and creating uncertainty.
Local GovernmentRef: Section 2(b)
Who Is Most Affected
The Washington State Legislature gains formal authority to assert state sovereignty and influence federal constitutional development, but must allocate staff and legislative time to manage delegate selection and oversight. This is a procedural and symbolic win for legislative autonomy.
U.S. Congress would be required to perform a ministerial act (calling the convention) if 34 states apply, but would have no authority over the convention’s substance. This could strain inter-branch relations if Congress resists, though current precedent (e.g., 1970s–80s amendments on term limits, balanced budget) shows Congress has honored this duty.
Washington’s delegates would have high influence over whether the state’s fiscal restraint and federalism priorities are advanced, but would be legally bound to state instructions and subject to recall — limiting autonomy but enhancing accountability.
Washington residents and U.S. citizens could benefit if amendments succeed in curbing federal debt or overreach, but face low-probability, high-impact risk if the convention expands beyond its scope — though the explicit ban on Bill of Rights amendments reduces this risk significantly.
Other state legislatures would need to act if this resolution is to succeed (34 states required). If successful, it could catalyze a national movement toward fiscal federalism, but may also polarize state-federal relations depending on outcomes.