To repeal the 17th amendment to the U.S. Constitution

2026 Regular Session Introduced by Joe Funkhouser and 3 co-sponsors

West Virginia urges Congress to call a constitutional convention limited to repealing the Seventeenth Amendment, to be aggregated with other states’ applications.

To House Judiciary

#constitutionalamendments #legislature--rulemaking

Purpose and intent

House Concurrent Resolution 9 (HCR 9) from West Virginia seeks to urge Congress to convene a constitutional convention under Article V of the U.S. Constitution.

The convention would be limited to proposing an amendment to repeal the Seventeenth Amendment, which established the popular election of U.S. senators.

The resolution frames the action as a continuing application until two-thirds of state legislatures have joined the effort.

Key provisions and changes proposed

Apply to Congress to call a convention of the states (limited to proposing amendments) to repeal the Seventeenth Amendment.

The resolution states that it should be treated as covering the same subject matter as other state applications seeking a convention to repeal the Sixteenth Amendment (note: this is a textual reference often used to describe the general process, though the Sixteenth Amendment is the federal income tax amendment; in practice, the key subject is the Seventeenth Amendment).

The application is to be aggregated with other states’ applications on the same subject for purposes of reaching the two-thirds threshold, but not aggregated with applications on other subjects.

It declares the application to be continuing until two-thirds of the state legislatures have submitted similar applications.

The resolution authorizes federal court action to compel Congress to call a convention.

It directs the Clerk of the West Virginia House to send copies of the resolution to federal and state legislative leaders to seek cooperation.

Who or what would be affected

The resolution directly affects the relationship between West Virginia state government and the federal constitutional amendment process.

If Congress responds, a national constitutional convention would be convened to consider an amendment repealing the Seventeenth Amendment.

It would not itself enact any change; rather, it initiates and sustains a multi-state, federal process that could lead to an amendment altering how U.S. senators are selected.

Potential implications for voters, state legislators, and the political process surrounding U.S. Senate selection, depending on subsequent federal constitutional action.

Procedural and timeline aspects

Status: Introduced January 20, 2026; referred to House Judiciary, then Rules.

Type: House Concurrent Resolution (a bill expressing the state legislature’s position, not a standalone law).

Process trigger: Requires two-thirds of state legislatures to apply to Congress for a convention; this resolution contributes to that cumulative effort.

Contingent actions: Expresses intent to pursue federal court action to compel Congress to call the convention if necessary.

Communications: Requires dissemination of the resolution to key federal officers and state legislative leaders to solicit cooperation.

Notes and context

The Seventeenth Amendment (ratified in 1913) established the direct election of U.S. senators by the people; repealing it would necessitate a new constitutional amendment process.

Article V provides two avenues to amend the U.S. Constitution: action by Congress with state ratification, or a constitutional convention called by Congress upon application of two-thirds of state legislatures.

The use of a convention to repeal an amendment is a highly consequential and debated mechanism, with unresolved questions about scope, control, and outcomes.

If you’d like, I can add a side-by-side comparison with typical criteria used to evaluate Article V convention applications or provide a brief history of past state applications related to constitutional conventions.