There are multiple procedures and hurdles in place which ensure that an Article V convention will not propose a “rogue” amendment. The States limit the subject matter of the convention in their applications. The BBA resolution is limited to one subject: the proposing of a balanced budget amendment. Any effort to intrude upon the Bill of Rights for example would clearly be outside its scope and easily dispensed with on the floor of a convention.

The starting point is the resolution itself. If 34 legislatures call a limited convention, and they represent a supermajority of any votes at the convention, why would they ever allow it to go outside the scope? Each legislative body in the country has rules in place to keep its house in order. The same would be true of an Article V convention. Moreover, when the convention is called, we have urged Congress to make clear to the states in its call that any amendment proposed outside of the scope of the call would be deemed a mere recommendation, and no mode for ratification would be assigned to it.

Additionally, the State legislatures choose the delegates or “commissioners” as they are properly called. The states can require oaths the violation of which constitutes crimes, and they can recall rogue commissioners.

The commissioners are the agents of the legislature, not independent contractors, and must follow the instructions of the legislature. It is inconceivable that a majority of commissioners in a majority of states would risk recall from the convention or prison to hijack a convention. The fear that they will somehow be bought off by special interests is a practical and legal impossibility.

The Framers in their wisdom built the ultimate check into the process. The 3/4ths ratification requirement will always guarantee that no rogue amendment could ever be adopted. As of January 2017, there are 32 state legislatures in which both houses are controlled by Republicans. Nebraska’s single chamber is Republican controlled. There are 4 split states and 13 Democrat states. To reach the 38 state ratification threshold will require amendments with broad, super-majority support in the country. Remember, the proposed Equal Rights Amendment could not muster the 38 states necessary for ratification. There is no way a harmful amendment could get the bi-partisan support necessary to be ratified.