How progressives promoted the ‘runaway convention’ myth to save judicial activism
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.
A Response to the “Runaway Scenario”
NOTE: This is an updated version of an essay first published in 2013. For a comprehensive treatment of amendment law, see The Law of Article V: State Initiation of Constitutional Amendments and postings at the Article V Information Center website. Many lawmakers and activists, and most of the public, now favor a constitutional amendment to […]
