Convention opponents frequently argue that a convention is inherently unlimited and once it convenes it cannot be restricted in any way. Historical practice and contemporary scholarship (1) have roundly debunked this myth, but it continues to rear its head whenever serious efforts to call an Article V convention gain momentum. What follows is a brief account of the text, history, and purpose of Article V as it relates to the ability of the states to limit a convention to the consideration of a single topic or set of topics.
The text of the Constitution itself clearly indicates that a convention can be limited in at least some ways. For instance, a convention under Article V is limited to “proposing amendments.” It is essentially a recommendatory body: it cannot ratify its own proposals. Thus, even an “unlimited” convention is limited in this critical respect, which prevents rash or unpopular amendments from becoming part of the Constitution.
Further, Article V specifies that certain topics are off-limits for a convention (and for Congress) to consider. The last portion of the article takes certain provisions relating to the import of slaves off the table until 1808, and forbids any amendment that deprives the states of equal representation in the Senate. There can be no question that certain topics are off-limits for a convention, since Article V itself imposes those limitations. That states legislatures may further limit the authority of a convention is shown by the historical practice and purpose behind Article V.
http://www.conventionofstates.com/we_know_the_rules_limited/?recruiter_id=31606
The text of the Constitution itself clearly indicates that a convention can be limited in at least some ways. For instance, a convention under Article V is limited to “proposing amendments.” It is essentially a recommendatory body: it cannot ratify its own proposals. Thus, even an “unlimited” convention is limited in this critical respect, which prevents rash or unpopular amendments from becoming part of the Constitution.
Further, Article V specifies that certain topics are off-limits for a convention (and for Congress) to consider. The last portion of the article takes certain provisions relating to the import of slaves off the table until 1808, and forbids any amendment that deprives the states of equal representation in the Senate. There can be no question that certain topics are off-limits for a convention, since Article V itself imposes those limitations. That states legislatures may further limit the authority of a convention is shown by the historical practice and purpose behind Article V.
http://www.conventionofstates.com/we_know_the_rules_limited/?recruiter_id=31606
