On Article V

The states cannot be bound on procedure which is not specifically outlined in the constitution, so they would be free to set a procedure of their own choosing for making application to the Congress. It is doubtful that Congress would attempt to ignore such an application because of the political implications of two thirds of the states making such an application. However, were such an unlikely event to occur (silly), the states' Attorneys General could bring suit in Federal Court.

Realistically speaking, if two thirds of the states applied for the Congress to convene an amending assembly, the members of Congress (who got there by being sensitive to the desires of the electorate) are not going to try to stonewall such applications. They would still have to go home to face the voters in their districts.

Article Five of the United States Constitution describes the process whereby the Constitution may be altered. Altering the Constitution consists of proposing an amendment and subsequent ratification.

Amendments may be proposed by either two-thirds of both houses of the United States Congress or by a national convention. This convention can be assembled at the request of the legislatures of at least two-thirds of the several states. To become part of the Constitution, amendments must then be ratified either by approval of the legislatures of three-fourths of the states or ratifying conventions held in three-fourths of the states. Congress has discretion as to which method of ratification should be used. Any amendment so ratified becomes a valid part of the constitution, provided that no state "shall be deprived of its equal Suffrage in the senate," without its consent.

more information:

http://en.wikipedia.org/wiki/Article_Five_of_the_United_States_Constitution

No procedure is specified in the constitution, so states are free to establish their own procedures.


Congress doesn't have the authority to ignore a proper application from the states. If it did so anyway, the states could simply go forward with their convention, or they could seek a writ of mandamus against Congress to force it to call the convention. Or they could overthrow the federal government. There are a lot of options available.