Two-thirds of states can call a constitutional convention to pass amendments without the federal legislature.
Posted by The Joe Rogan Experience, Checked
- Sources
- 2 contradict1 context
- Said
- 1 time·
- Confidence
- 60%
The Joe Rogan ExperienceNov 6, 2026
Two-thirds of state legislatures can apply for an Article V convention, but the Constitution says Congress 'shall call' that convention, so the states cannot call it without the federal legislature. Amendments proposed there still need ratification by three-fourths of the states, though ratification does not run through Congress, so 'pass amendments without the federal legislature' is only partly accurate.
What was said
… One is, as I mentioned, the president jams it down as their top priority. There's actually a second route in the Constitution, where states can create a constitutional amendment without Congress at all. It's never happened, but if two thirds of states actually vote to have a constitutional convention, they can meet, all 50 states, and pass amendments without the federal legislature. It's actually an issue that I think a lot of people should look into. That's very interesting. But those are the two routes. We can have institutional reform. …
The Joe Rogan Experience · · from the transcriptPost →What we found
Contradicts. Article V directs that Congress 'shall call' the convention on the states' application, so the states cannot call it on their own without the federal legislature.[2][3]
Supports. Article V allows amendments to be proposed through a convention called on the application of the legislatures of two-thirds of the several states.[2][3]
Supports. Amendments from a convention take effect when ratified by three-fourths of the states, through state legislatures or state conventions rather than a congressional vote.[2][3]
Context. The convention route has never been used, and CRS notes it has yet to be implemented.[1][3]
Sources
3 sources: 1 fact-checker, 2 primary
- 1Past midterms, some zero in on amending Constitutionapnews.com · fact-checker · cited for: context
- 2Article Vconstitution.congress.gov · primary source · cited for: contradicts, supports
- 3The Article V Convention to Propose Constitutional Amendmentscongress.gov · primary source · cited for: contradicts, supports, context
Where this claim was made
Said in 1 published post