NationMaster - Encyclopedia: Convention to propose amendments to U.S. Constitution

Besides the more common method, there is an option to assemble a national convention to propose amendments to the United States Constitution. Article V of the Constitution requires the Congress to "call a convention for proposing such amendments" "on the application of the legislatures of two thirds of the several states." With 50 states presently in the Union, there must be applications made by lawmakers in at least 34 states in order to trigger this alternative procedure. The convention to propose an amendment (or amendments) has no ratification powers—it may only draft and propose the amendment(s), which then must be ratified either by the state legislatures or by smaller conventions conducted within the individual states. The United States Constitution is the supreme law of the United States of America. ... Article Five of the United States Constitution describes the process whereby the Constitution may be altered. ... Congress in Joint Session. ... Article V of the United States Constitution establishes the possibility of conventions within the staes to ratify an amendment to the U.S. Constitution. ...

Purpose

The framers of the Constitution wanted a means of sometimes bypassing a potentially unwilling Congress in the amendment-proposing process. They knew that there would be circumstances in which Congress, for self-serving reasons, would ignore valid pleas to amend the Constitution and so the framers established an alternate means of proposing change in the Constitution.

History

All of the twenty-seven amendments thus far incorporated into the Constitution were proposed by Congress—never have the legislatures of enough states applied to Congress to call a national convention to propose an amendment on the same subject. While there have been applications addressed to Congress from the nation's beginning to the 1990s—and from legislators in all of the 50 states—Congress has never responded by calling a convention because those applications requested amendments on different subjects. This Congressional inaction has contributed to impression that the applications from two-thirds of the state legislatures must petition for the same amendment(s) although the federal courts have never ruled on this "precedent," which has been quietly established through Congressional unresponsiveness. A court case, saying that this is illegal, is on now. [[1]] This page lists all ratified and unratified amendments to the United States Constitution, as well as some proposals for amendments. ... See also 1990s, the band The 1990s decade refers to the years from 1990 to 1999, inclusive, sometimes informally including popular culture from the very late 1980s and from 2000 and beyond. ...

In four instances, state lawmakers have come very close to triggering a national convention:

Seal of the U.S. Senate The United States Senate is one of the two chambers of the Congress of the United States, the other being the House of Representatives. ... Amendment XVII (the Seventeenth Amendment) of the United States Constitution proposed on May 13, 1912 and ratified on April 8, 1913 and first in effect for the election of 1914, amends Article 1 Section 3 of the Constitution to provide for the direct election of Senators by the people of... The 1960s decade refers to the years from 1960 to 1969, inclusive. ... The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States... Reynolds v. ... Wesberry v. ... The 1970s decade refers to the years from 1970 to 1979, inclusive. ... Holding Texas laws criminalizing abortion violated womens Fourteenth Amendment right to choose whether to continue a pregnancy. ... The 1970s decade refers to the years from 1970 to 1979, inclusive. ... The examples and perspective in this article or section may not represent a worldwide view. ... Wikisource has original text related to this article: Balanced Budget Amendment The Balanced Budget Amendment is a proposed amendment to the United States Constitution which would require a balance in the projected revenues and expenditures of the United States government. ...

Possible scope

Constitutional scholars are deeply divided as to how a national, amendment-proposing convention would function procedurally and whether such a convention would be limited to the one subject for which it was summoned or whether it could stray far afield and expose the Constitution to capricious, possibly dangerous, revision or even whether the convention would have the power to simply discard the Constitution altogether and replace it with an entirely new document. It is worth noting that such an outcome would be similar to what happened when the convention assembled in 1787 ended up writing the current Constitution. That convention was gathered merely to revise the earlier Articles of Confederation but chose instead to abandon the articles in favor of a completely new document. The Articles of Confederation The Articles of Confederation and Perpetual Union, commonly known as the Articles of Confederation, was the first governing document of the United States of America. ...

Under the Constitution's necessary and proper clause, Congress could enact a statute to clearly define many of the currently ambiguous and debatable features of this procedure. Up through the 102nd Congress, it was quite routine for Senators and Representatives to offer legislation in both houses of Congress to end much of the disagreement surrounding the convention amendment-proposing alternative. However, in recent terms of Congress, those same lawmakers, for example Senator Orrin Hatch of Utah, have chosen not to reintroduce such legislation. The necessary and proper clause (also known as the elastic clause) refers to Section 8 of Article One of the United States Constitution: To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the... The 102nd United States Congress met from January 3, 1991 to January 4, 1993. ... Orrin Grant Hatch (born March 22, 1934) is a Republican United States Senator from Utah, serving since 1977. ... Official language(s) English Capital Salt Lake City Largest city Salt Lake City Area Ranked 13th - Total 84,876 sq mi (219,887 kmÂ²) - Width 270 miles (435 km) - Length 350 miles (565 km) - % water 3. ...

In any case, by including a clause for the holding of a national amendment-proposing convention, the framers of the U.S. Constitution intended to provide a peaceful alternative to a violent revolt during times of strong public dissatisfaction with the federal government.

Number of Applications

Every state has applied, from South Dakota, 27 times, to Hawaii, 1 time. None applied in the nineteenth century. The most recent application is from Alaska in 1982, the least recent is Virginia in 1789. Only 3 applications are from the eighteenth century, the others are from the twentieth century. Official language(s) English Capital Pierre Largest city Sioux Falls Area Ranked 17th - Total 77,163 sq mi (199,905 kmÂ²) - Width 210 miles (340 km) - Length 380 miles (610 km) - % water 1. ... This article or section does not cite its references or sources. ... This article or section does not cite its references or sources. ... This article does not cite its references or sources. ...

Recission of applications

The legislatures of some states have seen fit to rescind their prior applications for an amendment-proposing, national convention, either out of fear of the possible results of such a convention or because the reasons for the summoning such a convention were later rendered moot. Scholars are badly divided on whether this is legal. Recent examples of recissions are as follows.

Category: Proposals to amend the U.S. Constitution The first ten amendments to the United States Constitution are known as the Bill of Rights. This is a complete list of all ratified and unratified amendments to the United States Constitution which have received the approval of the Congress. ... The First Amendment to the United States Constitution is a part of the United States Bill of Rights. ... Amendment II (the Second Amendment) of the United States Constitution, which is part of the Bill of Rights, declares the necessity for a well regulated militia, and prohibits infringement of the right of the people to keep and bear arms. // Text The Second Amendment, as passed by the House and... Amendment III (the Third Amendment) to the United States Constitution is a part of the United States Bill of Rights. ... Amendment IV (the Fourth Amendment) of the United States Constitution, which is part of the Bill of Rights, guards against unreasonable searches and seizures. ... Amendment V (the Fifth Amendment) of the United States Constitution, which is part of the Bill of Rights, is related to legal procedure. ... Amendment VI (the Sixth Amendment) of the United States Constitution codifies rights related to criminal prosecutions in federal courts. ... Amendment VII (the Seventh Amendment) of the United States Constitution, which is part of the Bill of Rights, codifies the right to jury trial in certain civil trials. ... Amendment VIII (the Eighth Amendment) of the United States Constitution, which is part of the U.S. Bill of Rights, prohibits excessive bail or fines, as well as cruel and unusual punishment. ... Amendment IX (the Ninth Amendment) to the United States Constitution, which is part of the Bill of Rights, protects rights not specifically enumerated in the Bill of Rights. ... Amendment X (the Tenth Amendment) of the United States Constitution, which is part of the Bill of Rights, was ratified on December 15, 1791. ... Amendment XI (the Eleventh Amendment) of the United States Constitution was passed by the US Congress on March 4, 1794 and was ratified on February 7, 1795. ... The Twelfth Amendment to the United States Constitution altered Article II pertaining to presidential elections. ... Amendment XIII (the Thirteenth Amendment) of the United States Constitution abolished slavery and, with the exception of allowing punishments for crimes, prohibits involuntary servitude. ... The Fourteenth Amendment to the United States Constitution is one of the post-Civil War amendments and it includes the Due Process and Equal Protection Clauses. ... Contemporary drawing depicting the first vote by African Americans Amendment XV (the Fifteenth Amendment) of the United States Constitution grants voting rights regardless of race. ... Amendment XVI (the Sixteenth Amendment) of the United States Constitution, authorizing income taxes in their present form, was ratified on February 3, 1913. ... Amendment XVII (the Seventeenth Amendment) of the United States Constitution proposed on May 13, 1912 and ratified on April 8, 1913 and first in effect for the election of 1914, amends Article 1 Section 3 of the Constitution to provide for the direct election of Senators by the people of... Prohibition agents destroying barrels of alcohol. ... Amendment XIX (the Nineteenth Amendment) to the United States Constitution (sometimes called the Susan B. Anthony Amendment or The Big Mistake) grants voting rights regardless of the voters sex: The amendment prohibits both the federal government and the states from using a persons sex as a qualification to... Amendment XX (the Twentieth Amendment) of the United States Constitution, also called The Lame Duck Amendment, establishes some details of presidential succession and of the beginning and ending of the terms of elected federal officials. ... Amendment XXI (the Twenty-first Amendment) to the United States Constitution repealed the Eighteenth Amendment to the United States Constitution, which had mandated nationwide Prohibition. ... The Twenty-second Amendment of the United States Constitution sets a term limit for the President of the United States, providing that No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President... Amendment XXIII was the twenty-third Amendment to the United States Constitution which permits the District of Columbia to choose Electors for President and Vice President. ... Amendment XXIV (the Twenty-fourth Amendment) of the United States Constitution prohibits both Congress and the states from conditioning the right to vote in federal elections on payment of a poll tax or other type of tax. ... Amendment XXV (the Twenty-fifth Amendment) of the United States Constitution clarifies an ambiguous provision of the Constitution regarding succession to the Presidency, and establishes procedures both for filling a vacancy in the office of the Vice President as well as responding to Presidential disabilities. ... Amendment XXVI (the Twenty-sixth Amendment) of the United States Constitution states: Section 1. ... Amendment XXVII (the Twenty-seventh Amendment) to the United States Constitution reads: // Background This amendment to the United States Constitution provides that any change in the salary of members of Congress may only take effect after the next general election. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... The Articles of Confederation The Articles of Confederation and Perpetual Union, commonly known as the Articles of Confederation, was the first governing document of the United States of America. ... Joe Cagg. ... Scene at the Signing of the Constitution of the United States, by Howard Chandler Christy. ... The New Jersey Plan was a proposal for the structure of the United States Government proposed by William Paterson on June 15, 1787. ... During the United States Constitutional Convention, the Virginia Plan (Also called the Large State Plan[1]) consisted of 15 resolutions, each covering a specific aspect of the proposed system of government. ... The Connecticut Compromise of 1787 in the United States, later known as the Great Compromise, was struck in the creation of legislative bodies. ... Scene at the Signing of the Constitution of the United States, by Howard Chandler Christy. ... This article is being considered for deletion in accordance with Wikipedias deletion policy. ... An advertisement for The Federalist The Federalist Papers are a series of 85 articles arguing for the ratification of the United States Constitution. ... Image of the United States Bill of Rights from the U.S. National Archives and Records Administration. ... The first ten amendments to the United States Constitution are known as the Bill of Rights. This is a complete list of all ratified and unratified amendments to the United States Constitution which have received the approval of the Congress. ... This is an incomplete list of proposed amendments to the United States Constitution, in reverse chronological order. ... The United States Constitution has been amended on 18 occasionsâ€”with a total of 27 individual successful amendmentsâ€”since the Constitution was completed in 1787. ... Article V of the United States Constitution establishes the possibility of conventions within the staes to ratify an amendment to the U.S. Constitution. ... The case or controversy clause of Article III of the United States Constitution has been deemed to impose a requirement that United States federal courts are not permitted to hear cases that do not pose an actual controversy - that is, an actual dispute between adverse parties which is capable of... Article I, Section 8, Clause 3 of the United States Constitution, known as the Commerce Clause, empowers the United States Congress To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes. ... This article or section is in need of attention from an expert on the subject. ... The Contract Clause appears in the United States Constitution, Article I, section 10, clause 1. ... Article I, Section 8, Clause 8 of the United States Constitution, known as the Copyright Clause empowers the United States Congress: To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. ... In United States law, due process (more fully due process of law) is the principle that the government must respect all of a persons legal rights instead of just some or most of those legal rights when the government deprives a person of life, liberty, or property. ... The Equal Protection Clause is a part of the Fourteenth Amendment to the United States Constitution, providing that no state shall . ... The Establishment Clause of the First Amendment to the United States Constitution states that: Congress shall make no law respecting an establishment of religion Together with the Free Exercise Clause, (or prohibiting the free exercise thereof), these two clauses make up what are commonly known as the religion clauses. ... The Free Exercise Clause of the First Amendment to the United States Constitution, taken with the Establishment Clause of the First Amendment make up the Religion Clauses. ... The Full Faith and Credit Clause is part of Article Four, Section 1 of the United States Constitution. ... The impeachment trial of President Bill Clinton in 1999, Chief Justice William H. Rehnquist presiding. ... In general, a natural-born citizen of a country is someone who is legally recognized as that countrys citizen as of the moment of birth, rather than by acquiring citizenship afterwards through naturalization. ... The necessary and proper clause (also known as the elastic clause) refers to a provision (section eight, clause 18) in Article One of the United States Constitution granting Congress the power to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all... The no religious test clause of the United States Constitution is cited by advocates of separation of church and state as an example of original intent of the Framers of the Constitution of avoiding any entanglement between church and state, or involving the government in any way as a determiner... Presentment clause The Presentment clause (Article I, Section 7) is a clause in the United States Constitution that outlines how a bill may become law. ... The Privileges or Immunities Clause is a provision of the Fourteenth Amendment to the United States Constitution. ... The Privileges or Immunities Clause is a provision of the Fourteenth Amendment to the United States Constitution. ... The Speech or Debate Clause (found in Article I, Section 6, Clause 1) is a clause in the United States Constitution which states that members of both Houses of Congress Its intended purpose is to prevent a President or other officials of the Executive branch from having members arrested on... Article VI, Paragraph 2 of the United States Constitution is known as the Supremacy Clause: The Supremacy Clause establishes the Constitution, Federal Statutes, and U.S. treaties as the supreme law of the land. ... Article I, Section 8, Clause 1 of the United States Constitution, known as the Taxing and Spending Clause states: The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States... The Territorial Clause refers to Article IV, Section 3, paragraph 2 of United States Constitution: The interpretation of this clause gives the United States Congress the final power over every territory of the United States. ... Sometimes referred to as the War Powers Clause, the United States Constitution, Article One, Section 8, Clause 11, vests in the Congress the exclusive power to declare war. ... A number of amendments to the United States Constitution include a Congressional power of enforcement. ... Double jeopardy (also called autrefois acquit meaning already acquitted) is a procedural defense (and, in many countries such as the United States, Canada, and India, a constitutional right) that forbids a defendant from being tried a second time for a crime, after having already been tried for the same crime. ... Enumerated powers is a term referring to Article 1 Section 8 of the United States Constitution which lists the specific powers of legislation granted to the United States Congress. ... Incorporation of the Bill of Rights is the legal doctrine by which portions of the U.S. Bill of Rights are applied to the states through the Due Process Clause of the Fourteenth Amendment. ... This article needs to be cleaned up to conform to a higher standard of quality. ... In the legal system of the United States, preemption generally refers to the displacing effect that federal law will have on a conflicting or inconsistent state law. ... The phrase separation of church and state is a common interpretation of the Establishment Clause of the First Amendment, which reads, Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . ... Separation of powers is a political doctrine under which the legislative, executive and judicial branches of government are kept distinct, to prevent abuse of power. ... Constitutional theory is an area of constitutional law that focuses on the underpinnings of constitutional government in the United States. ...

Contents

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History

Possible scope

Number of Applications

Recission of applications

Purpose