NCJ Number
115134
Date Published
1987
Length
50 pages
Annotation
This paper examines the process of amending the U.S. Constitution through a constitutional convention, specifically whether such a convention, authorized by Article V of the Constitution, can be limited to the consideration of particular subjects.
Abstract
The paper concludes that Article V permits the States to apply for, and the Congress to call, a constitutional convention for limited purposes and that a variety of practical means to enforce such limitations are available. The language and structure of Article V, as well as the history of its drafting, support this conclusion, because the two methods of constitutional amendment, congressional initiative and the State-called convention, are treated by Article V as equally available procedural alternatives. Since Congress has the authority to propose amendments limited to a single topic or group of topics, it follows that the applications of the States for calling a constitutional convention also may be limited. The paper also notes that the requirements of Article V are designed to ensure that a consensus exists as to the desirability of amendment, whichever amendment method is used. After establishing that Article V does permit limited constitutional conventions, this paper examines the procedural strictures available to ensure that such limitations are enforced, concluding that Congress has the authority to adopt legislation for the enforcement of limitations. The paper suggests that the adoption of convention-procedures legislation by the Congress would minimize any remaining uncertainties associated with the convention method of amendment. Appended relevant quotes from selected authorities, 118 footnotes. (Author abstract modified)