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Bill

H 3888

Resolutions calling on Article V of the United States Constitution for the convening of a convention of the states

194th Legislature (2025-2026) Introduced by John Gaskey and 7 co-sponsors

Massachusetts resolution petitions Congress to convene an Article V constitutional convention, allowing states to propose federal amendments independent of Congress—an untested mechanism with significant legal and procedural uncertainties.

Accompanied a study order, see H5422 (under House Rule 27)
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Bill Summary · H 3888

Legislative bill overview

H 3888 is a resolution calling on Massachusetts to petition Congress to convene a constitutional convention under Article V of the U.S. Constitution. This would enable states to propose amendments to the federal Constitution without requiring congressional initiation. The bill represents Massachusetts joining an interstate movement to use this rarely-invoked constitutional mechanism.

Why is this important

An Article V convention represents a fundamental check on federal power—the only mechanism allowing states to amend the Constitution independently of Congress. If enough states petition for a convention on the same subject, one must be convened. This makes the resolution significant because it signals Massachusetts' willingness to potentially unlock a process that could reshape federal governance, though such conventions are rare and their scope remains constitutionally contested.

Potential points of contention

  • Scope uncertainty: The Constitution doesn't clearly define whether a convention called for one purpose (e.g., balanced budget) must limit itself to that topic or can propose broader amendments—a significant legal ambiguity
  • Unprecedented risks: No Article V convention has occurred since the Constitutional Convention of 1787; the practical mechanics, rules, and safeguards remain untested in modern context
  • Political motivation: The resolution's sponsorship and timing may reflect partisan objectives to bypass normal amendment procedures on divisive issues like fiscal policy or federal authority

Compiled from official sources — confirm details with the bill’s official record.

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