The following states have applications outstanding for a federal convention to propose a balanced budget amendment: Alabama, Alaska, Arkansas, Colorado, Delaware, Florida, Indiana, Iowa, Kansas, Maryland, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, Pennsylvania, and Texas.
That’s 19 of the 34 states required. In addition, Illinois has an 1861 application outstanding that says essentially that Illinois hereby joins with the application of any state that chooses to make one. Arguably, that pushes it to 20.
However, Florida’s recent (2011) application may be too specific in its terms to be counted along with (“aggregated with”) with those of other states. The applications of Delaware, Maryland, and Mississippi may be invalid for mandating specific language to the convention. That leaves 16 (or 15 if the Illinois application isn’t counted).
As the count nears 34, we no doubt will see lawsuits from groups that want to keep spending no matter what the debt is. They will raise a number of other objections, including claims that some of the existing applications, even though never repealed, are too old. In my professional judgment, those objections are unlikely to prevail.Details