Panelists outline Article V routes, likely amendment features and drafting process

Panelists at the American Enterprise Institute spent substantial time on how an amendment would be proposed, drafted and ratified — and on the kinds of rules that would make a balanced-budget amendment politically durable.

Article V mechanics: Speakers explained Article V offers two paths to proposal: two-thirds of both Houses of Congress or application by two-thirds of state legislatures; in either case ratification requires three-quarters of states. "Congress has an ability to propose. So, too that the states have an ability to propose under article 5," a panelist said, describing that states can trigger the process and that ratification rules remain the same regardless of who proposes.

Ratification modes and conventions: Panelists described that, if Congress selects state ratifying conventions, each state sets its own rules for delegate selection and voting (the panel cited the repeal of Prohibition as one historical example). Constantine Kurard framed the practical dynamic as 'preemption' — when states press a topic, Congress often acts once the state threshold nears.

Likely amendment features: Speakers listed provisions commonly discussed by experts: an enforceable glide path to balance over time, exemptions for wars or major disasters that would require a supermajority and periodic reapproval, and structural tools such as a line-item veto to reduce omnibus spending additions. "I would absolutely say the spending can't go up. I would limit the spending, limit the debt, limit the tax," Governor Ron DeSantis said when asked what he would include, while acknowledging negotiation would be necessary to secure broad support.

Who would draft it: Panelists said drafting would fall to whichever body proposes the amendment — Congress or a convention — and that policy organizations (AEI, Brookings, Committee for a Responsible Federal Budget and others) will provide detailed plans and technical advice to lawmakers and delegates.

Procedural risks and safeguards: Speakers acknowledged critics' fears that a convention could exceed its charge, and they urged political safeguards and careful delegate selection. They also emphasized that if the campaign reaches a pivotal number of states, political pressure would likely cause Congress to propose a palatable amendment rather than cede drafting entirely to a convention.

What’s next procedurally: The campaign will continue seeking state calls and technical work from policy groups; panelists said details will be hammered out by legislators and subject-matter experts once the drafting body is determined.