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| documents:answers:convention_limited [2015/10/31 22:23] – ↷ Links adapted because of a move operation Oliver Wolcott | documents:answers:convention_limited [2017/10/20 01:02] – Oliver Wolcott |
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| ======An Article V Convention Can Be Limited====== | ======An Article V Convention Can Be Limited====== |
| | {{tag>Limited_Convention}} |
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| By Robert Kelly, J.D. | By Robert Kelly, J.D. |
| [[http://www.conventionofstates.com/an_article_v_convention_can_be_limited|(source)]] | [[http://www.conventionofstates.com/an_article_v_convention_can_be_limited|(source)]] |
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| Much of the opposition to an Article V convention hinges on fears of a "[[documents:answers:external:articlev-handbook#v_the_myth_of_a_runaway_convention|runaway convention]]." 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 <sup>[[#i|(1)]]</sup> have roundly debunked this myth, but it continues to rear its head whenever serious efforts to call an [[historicaldocuments:constitution#article_v|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. | Much of the opposition to an Article V convention hinges on fears of a "[[documents:external:articlev-handbook#v_the_myth_of_a_runaway_convention|runaway convention]]." 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 <sup>[[#i|(1)]]</sup> have roundly debunked this myth, but it continues to rear its head whenever serious efforts to call an [[historicaldocuments:constitution#article_v|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. |
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| 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. | 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. |
