The Recurring Question of the "Limited" Constitutional Convention

Walter E. Dellinger

The Yale Law Journal · 1979 · 23 citations · 0 references

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Concepts

Abstract

Article V of the United States Constitution requires Congress call Convention for proposing upon application of two-thirds of the states.' Amendments proposed by such a convention, if subsequently ratified by three-fourths of the states, become part of the Constitution. Thus far in the history of the republic, no such convention has been called. In the last few years, however, thirty states2 have submitted applications Congress calling for a convention restricted consideration of an amendment requiring a balanced federal budget. Only four more applications are necessary reach the total of twothirds specified by Article V; Congress is said have been brought to the brink of calling a constitutional convention.3 For a century following the Constitutional Convention in 1787, the only applications submitted by state legislatures under Article V contemplated conventions that would be free determine their own agendas.4 Only in this century have legislatures begun submit ap-