The U.S. State Con-Con Papers

Abstract

The U.S. State Con-Con Papers includes four sections: The first is an introduction. The second is a collection of J.H. Snider’s 73 state-specific brief essays (“op-eds”) on the history, democratic function, and politics of the periodic constitutional convention referendum (PCCR), which is mandated by 14 U.S. state constitutions. The op-eds, organized chronologically, cover nine of the most recent referendums: Rhode Island (2024 and 2014), Alaska (2022), Missouri (2022), New Hampshire, (2022), Iowa (2020), Hawaii (2018), New York (2017), and Maryland (2010). In eight of those nine referendums, PCCR was the only constitutional mechanism that allows the people—the constituent power—to bypass the state legislature’s gatekeeping power over constitutional amendment; that is, the constitutional initiative is not an option. The next PCCR is in Rhode Island in 2024. The third section includes Snider’s presentations and essays providing a multi-state overview of convention politics.

The fourth section includes Snider’s essays on the leadup to the constitutional convention being held in the U.S. Virgin Islands (USVI), one of five U.S. territories and one of only two lacking its own constitution (the other is Guam). This is America’s most recent convention: delegate elections were held on Nov. 5, 2024. Since 1986—almost four decades ago—no U.S. state has both called an independently elected convention and passed an enabling act to convene one. The primary difference between an organic act and a constitution is who controls the amendment power: Congress or a local legislature. Given that Congress requires a U.S. territory to convene an independently elected convention if it wants its own constitution, a local legislature may champion calling a convention primarily as a way to empower rather than bypass itself—the opposite of convention politics in PCCR states. 

Keywords: constitution, constitutional convention, constitutional convention referendum, state constitutional convention, periodic state constitutional convention referendum

JEL Classification: K00