Constitutional convention (political meeting)
A constitutional convention is a convention where an organization's constitution can be created, revised, or amended.[1] A general constitutional convention is called to create the first constitution of a political unit or to entirely replace an existing constitution. An unlimited constitutional convention is called to revise an existing constitution. A limited constitutional convention is restricted to revising only a limited area of the current constitution. However, such conventions may decide to go beyond their original authority.[2] For example, the United States Constitutional Convention of 1787 was supposed to be limited to amending the Articles of Confederation. Instead, they wrote an entirely new constitution.[2]
United States
changeConstitutional convention
changeThe United States Constitution is silent regarding rules of how a constitutional convention would operate.[3] There are no standards for states calling for a convention.[3] Even calls for a constitutional convention made 50 to 100 years ago on an entirely different topic might be counted towards the required 34 states needed to call a constitutional convention.[3] Oklahoma, for example, called for a convention in 1976 but then rescinded it in 2009.[3] They were concerned that such a convention might make unforeseen changes in any area of the Constitution.[3] Those in favor of a constitutional convention may want to count Oklahoma's call for a convention anyway.[3]
Article V
changeArticle Five of the United States Constitution provides two ways that constitutional amendments can be proposed:
Either way that amendments are proposed, they must then be ratified. Article Five gives two choices for how an amendment can be ratified. Congress chooses which way to use.[4]
- Letting the state legislatures ratify the amendment. If three-fourths (75%) of the state legislatures ratify the amendment, it becomes part of the Constitution.[4]
- The second option is for Congress to ask each state to create a "ratifying convention." This is a group of people – not members of the state legislature—who would decide whether or not to ratify the amendment. If ratifying conventions in three-fourths of the states ratify the amendment, it becomes part of the Constitution.[4]
Congress has only used the second option once: after it proposed the 21st Amendment.[5] (This amendment cancelled the 18th Amendment, which made alcohol illegal in the United States. The 21st Amendment made alcohol legal again.)[5] At the time, Congress thought that this would be the more democratic option.[5]
Organizing
changeAn organized body (when an organization already has a constitution, officers and by-laws) will usually have appointed a committee on credentials and a committee on program before the convention begins.[6] The committee on credentials (also called registration) checks the identity of delegates and gives each one a name badge or card as evidence they belong there.[6] A program committee should have copies of the program available to all delegates before the convention begins.[6] Other committees may be appointed as necessary.[6]
References
change- ↑ "The definition of "constitutional convention", according to Black's Law Dictionary".
- ↑ 2.0 2.1 Michael Leachman; David A. Super (16 July 2014). "States Likely Could Not Control Constitutional Convention on Balanced Budget Amendment or Other Issues". Center on Budget and Policy Priorities. Retrieved 9 April 2016.
{{cite web}}
: CS1 maint: multiple names: authors list (link) - ↑ 3.0 3.1 3.2 3.3 3.4 3.5 Robert Greenstein (21 October 2014). "A constitutional convention could be the single most dangerous way to 'fix' American government". The Washington Post. Retrieved 9 April 2016.
- ↑ 4.0 4.1 4.2 4.3 4.4 "The Constitution of the United States: A Transcription". The Charters of Freedom. Washington, D.C.: United States National Archives and Records Administration. Retrieved 9 April 2016.
- ↑ 5.0 5.1 5.2 Ethan P. Davis (2008). "Liquor Laws and Constitutional Conventions: A Legal History of the Twenty-first Amendment". Constitutional Law Commons. Yale Law School. pp. 23–35. Retrieved 9 April 2016.
- ↑ 6.0 6.1 6.2 6.3 "Robert's Rules of Order Online: Part II: Organization, Meetings, and Legal Rights of Assemblies". Robert's Rules Online: RulesOnline.com. 2013. Retrieved 9 April 2016., §71