The State-Application-and-Convention Method of Amending the Constitution: The Founding-Era Vision

15 Pages Posted: 4 Jan 2012

See all articles by Robert G. Natelson

Robert G. Natelson

Independence & Montana Policy Institutes

Date Written: 2011

Abstract

Although the convention method of amending the Constitution authorized by Article V is much misunderstood, the historical record renders much of this misunderstanding needless. That record includes a dozen interstate conventions during the Founding Era and numerous statements by Founders on the subject. It makes clear that an Article V convention is not a popular "constitutional convention" as often claimed, but a conclave of state delegations meeting for the specific purpose set forth in the state applications, and subject to instructions from their respective state legislatures.

Keywords: Constitution, convention, amend, amendment, Article V, constitutional convention

JEL Classification: K1, K10, K19

Suggested Citation

Natelson, Robert G., The State-Application-and-Convention Method of Amending the Constitution: The Founding-Era Vision (2011). Thomas M. Cooley Law Review, Vol. 29, No. 1, p. 9, 2011. Available at SSRN: https://ssrn.com/abstract=1978973

Robert G. Natelson (Contact Author)

Independence & Montana Policy Institutes ( email )

727 E. 16th Ave.
Denver, CO 80203
United States
303-279-6536 (Phone)

HOME PAGE: http://robnatelson.com

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