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Encyclopedia > Conventions within the states to ratify an amendment to U.S. Constitution

Besides the more common method, Article V establishes the possibility of conventions within the individual states to ratify an amendment to the United States Constitution. Article Five of the United States Constitution describes the process whereby the Constitution may be altered. ... The United States Constitution is the supreme law of the United States of America. ...


Article V reads, in pertinent part:

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths thereof, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress...

Use of the convention ratification option

In the history of the United States, this particular way of ratifying an officially proposed amendment was used only in the 1933 ratification process of the 21st Amendment. This is also the only case in which one constitutional amendment repealed another constitutional amendment—the 21st Amendment explicitly repealed the 18th Amendment (which had been ratified 14 years earlier). The United States is a country occupying part of the North American continent ranging from the Pacific to the Atlantic Ocean and including outlying areas as well. ... 1933 (MCMXXXIII) was a common year starting on Sunday (link will take you to calendar). ... Amendment XXI (the Twenty-first Amendment) to the United States Constitution repealed the Eighteenth Amendment to the United States Constitution, which had mandated nationwide Prohibition. ... Prohibition agents destroying barrels of alcohol. ...


Apparent purpose of the alternative ratification procedure

Clearly, the framers of the Constitution wanted a means of sometimes bypassing the state legislatures in the ratification process. To some extent, the convention method of ratification loosely approximates a national referendum on a specific proposed constitutional amendment, thus allowing the sentiments of registered voters to be had on highly sensitive issues.


However, that did not stop a stipulavbcnvbnbvntion in New Mexico state law that provides that members of that state's legislature would themselves make up such a convention, if Congress again selects that ratification method. Capital Santa Fe Largest city Albuquerque Area  Ranked 5th  - Total 121,665 sq mi (315,194 km²)  - Width 342 miles (550 km)  - Length 370 miles (595 km)  - % water 0. ...


Limits and comparisons

A state ratifying convention has no modification or proposal powers. It may only debate upon, and then either approve or reject the proposed amfghgfhshggfhgfhsdfhendment, unlike a convention to propose amendment 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. ...


Also, such a ratifying convention is different from a constitutional convention as the second term has the very specific meaning of a body assembled on a national basis for the clear purpose of writing an entirely new constitution for the country as a whole. A constitutional convention is a gathering of delegates for the purpose of writing a new constitution or revising an existing constitution. ...


The U.S. Constitution, unlike of some of the states' constitutions, contains no specific provision for a national convention that would completely replace the existing constitution; however a national convention called to propose amendments under Article V could theoretically propose (an) amendment(s) which would be tantamount to an entirely new constitution;—but even an entirely new constitution would subsequently require ratification in three-fourths of the states, as Article V of the current document demands. Moreover, the stipulation that each state have equal representation in the Senate cannot be overturned without the consent of each state so deprived. It should also be remembered that the present constitution was proposed by a convention originally called to do nothing more than to amend the Articles of Confederation. See Convention to propose amendment to U.S. Constitution 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. ... Besides the more common method, there is an option to assemble a national convention to propose amendments to the United States Constitution. ...

  United States Constitution Complete text at WikiSource

Original text: Preamble | Article 1 | Article 2 | Article 3 | Article 4 | Article 5 | Article 6 | Article 7 The United States Constitution is the supreme law of the United States of America. ... The Preamble to the United States Constitution consists of a single sentence (a preamble) that introduces the document and its purpose. ... Wikisource has original text related to this article: Article One of the United States Constitution Article One of the United States Constitution establishes the legislative branch of the United States government, known as the Congress, which includes the House of Representatives and the Senate. ... Wikisource has original text related to this article: Article Two of the United States Constitution Article Two of the United States Constitution creates the executive branch of the government, comprising the President and other executive officers. ... Article Three of the United States Constitution establishes the judicial branch of the federal (national) government. ... Article Four of the United States Constitution relates to the states. ... Article Five of the United States Constitution describes the process whereby the Constitution may be altered. ... Article Six establishes the United States Constitution and the laws and treaties of the United States made in accordance with it as the supreme law of the land, and fulfills other purposes. ... Article Seven of the United States Constitution describes the process by which the entire document is to be ratified and take effect. ...

Amendments: 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 | 26 | 27
 Formation  History of the Constitution | Articles of Confederation | Annapolis Convention | Philadelphia Convention | New Jersey Plan | Virginia Plan | Connecticut Compromise | Signatories
 Adoption  Massachusetts Compromise | Federalist Papers
 Amendments  Bill of Rights | Ratified | Proposed | Unsuccessful | Conventions to propose | State ratifying conventions
 Clauses  Case or controversy | Commerce | Commerce (Dormant) | Contract | Copyright | Due Process | Equal Protection | Establishment | Free Exercise | Full Faith and Credit | Impeachment | Natural–born citizen | Necessary and Proper | No Religious Test | Presentment | Privileges and Immunities (Art. IV) | Privileges or Immunities (14th Amend.) | Speech or Debate | Supremacy | Taxing and Spending | Territorial | War Powers
 Interpretation  Congressional power of enforcement | Double jeopardy | Enumerated powers | Incorporation of the Bill of Rights | Nondelegation | Preemption | Separation of church and state | Separation of powers | Constitutional theory


 
 

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