Conventions within the states to ratify an amendment to the United States 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 V reads (italics added):

Use of the convention ratification option

In the history of the United States, this particular method of ratifying an officially proposed amendment was used but once, 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 This is also the only case in which one constitutional amendment repealed another constitutional amendment; the 21st Amendment explicitly repealed the 18th Amendment, which had been ratified 14 years earlier.

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 one-state, one-vote 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 stipulation 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.

Election of convention delegates

Delegates in each state are chosen through an election which must take place no later than one year after having been called by its governor. The number of delegates and details of candidate nomination and election vary from state to state. But typically, candidates have previously been chosen by petition (as in Ohio) [ [http://codes.ohio.gov/orc/3523] , "Ohio Revised Code, Chapter 3523", Accessed 30 April 2008] or by nomination by the governor, lieutenant governor, and speaker of the house (as in Vermont). [ [http://www.usconstitution.net/consttop_acon.html] , "Constitutional Topic: Ratification Conventions", Accessed 30 April 2008] In the latter case, one half of the eligible persons would announce support for the proposed amendment, while the other half would be opposed. Therefore, the number of candidates must be at least double that of the final number of delegates, taking in to account possible abstainers. Traditional party affiliations are formally abandoned throughout this process, however::::(Ohio State Code, 1953). [ [http://codes.ohio.gov/orc/3523] , "Ohio Revised Code, Chapter 3523", Accessed 30 April 2008] When elected, the convention meets, discusses and casts its votes on the proposed amendment.

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 amendment, unlike a convention to propose amendments to U.S. Constitution.

Also, such a ratifying convention is different from a constitutional convention insofar as the latter term is sometimes understood to designate an assembly whose purpose is to write an entirely new constitution for the country as a whole.

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 state legislatures or by three-fourths of the conventions held within the states with Congress choosing which option to use, as Article V of the current document demands. It's notable that under Article 5, even a convention could not propose a new constitution that would deprive each state of its equal membership in the Senate without the state's consent. It is noteworthy 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 amendments to U.S. Constitution

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