May state legislative applications limit an Article V convention? Subject, yes; specific language, probably not
- September 12, 2013
You may have heard alarms that if we hold a national convention for proposing constitutional amendments the gathering would be an uncontrollable constitutional convention (“con-con”) that could propose anything at all. The claim is called the “runaway scenario.” It has almost no basis in history or law. But it has long frightened Americans away from
READ MOREA frequent argument against a convention for proposing constitutional amendments is that there are “no precedents” for determining the rules and procedures for such a gathering, other than the Constitutional Convention of 1787. Although opponents persist in this claim, it has long been debunked: The Constitutional Convention was far from the only meeting of its
READ MOREby Robert G. Natelson State lawmakers sponsoring an Article V convention application often find that other lawmakers want to add extraneous matter to the application. This may include conditions beyond the mere subject-matter, instructions to commissioners, specific amendment language, convention rules, and pronouncements of various kinds. Don’t agree! Adding such material is both unprofessional and
READ MORELast month, Citizens for Self Governance sponsored a simulated convention for proposing amendments in Williamsburg, Virginia. I was an adviser for the project, and just before the initial meeting I spoke to the assembled commissioners. My purpose was to provide them with some last-minute tips on drafting proposed constitutional amendments. Several people have asked me
READ MOREAs we move closer to holding a “convention for proposing amendments” to restrain federal overreach, naysayers have not been silent. One of their claims is an amendments convention would be fruitless or dangerous because it could be controlled by Congress. The Constitution directs Congress to “call” an amendments convention when two thirds of the state
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