0
How could a new constitutional convention be called in the United States in the 21st century and what would be the requirements?
Dennisg40
The founding fathers recognized that Congress could become a choke point of progress. Much like many of the states have methods for citizens to bypass the legislative branch, our constitution provides a method for the states to bypass the federal government.
Article V of the current US Constitution:
"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 of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate."
To summarize: a constitutional convention MUST be called by Congress when two-thirds of the state legislatures apply to (petition) the US Congress for a convention. Some read this to imply that the legislatures must sponsor a specific amendment. Since Article V says "shall call a Convention for proposing Amendments" (note the plural "Amendments"), I read this to mean that two-thirds of the state legislatures (34 or more, currently) must simply request a convention to consider any and all proposed amendments.
As a practical matter, it is unlikely that a state legislature would petition for a convention without a considered reason - a specific amendment, not a general "we need to fix the Constitution" concept. However, once the convention is called, whatever brought the state to the meeting must be considered by the group.
How would such a convention be organized? This is not at all clear. Most probably like the original convention - each state would send a team of representatives to be certain that their reason for being at the meeting was handled appropriately. I view this to imply that the states' representatives would prepare a set of proposed amendments which would be presented to each of the states. If three-fourths of the state legislatures (or - if Congress decides as provided by Article V - conventions from within the states convened for the purpose of reviewing the proposals) approve the proposed amendment, it becomes part of the Constitution.
A concise review of this process can be read at:
http://www.lessonplanspage.com/SSInfoDiscAct-DoWeNeedANewConstConvention912.htm
Wiki User
∙ 16y ago
Add your answer:
Earn +20 pts
What was the meeting in Philadelphia in may of 1787?
The Constitutional Convention, where the modern day Constitution for the United States was written.
What happened at the Constitutional Convention?
Delegates wrote the United States Constitution (APEX)
The Constitutional Convention was held in the city of?
The constitutional convention helped lay the framework on which the United States of America was built. The convention was held in Philadelphia.
In the Constitutional Convention voting qualifications were made residual powers because if the?
It was made this way because of the widespread variation of voting requirements in all the states.
How many states are needed to call a convention?
Forty-nine states have applied for an Article V Convention (what is often called a "Constitutional Convention"), submitting more 700 applications. Article V does not permit the calling of a "constitutional convention" only a "convention for proposing amendments."
Number of states represented the Constitutional convention?
there were 12 states that were represented in the constitutional convention
What was the meeting in Philadelphia in may of 1787?
The Constitutional Convention, where the modern day Constitution for the United States was written.
What happened at the Constitutional Convention?
Delegates wrote the United States Constitution (APEX)
What states did not attend the Constitutional Convention?
verginia
The Constitutional Convention was held in the city of?
The constitutional convention helped lay the framework on which the United States of America was built. The convention was held in Philadelphia.
In the Constitutional Convention voting qualifications were made residual powers because if the?
It was made this way because of the widespread variation of voting requirements in all the states.
What states are represented at the Constitutional Convention?
hfklylilfiu,k
How many states did the Constitutional Convention become?
twelve
What process did the the constitutional convention set forth states to ratify the constitutional?
chicken soup
What convention met in September 1786 and invited all of the states to send delegates to the Constitutional Convention?
Annapolls Convention
Who was America's ambassador to England during the Constitutional Convention time.?
John Adams was the United States' Ambassador to England during the Constitutional Convention
Does Congress has the power to amend the constitution?
the constitutional convention (the states)
