*LCW, I8/5: Paper‘? No, $0-Z>3>R Report No. 80-33 A 724/77 Wi.'ARY CALLING OF A FEDERAL CONSTITUTIONAL CONVENTION BY STATE PETI{¥ 0 Selected References ‘ ‘ *4-‘ 0 an » V - . . - - . ‘ . I "' " "“‘ -—" ‘ v o » : F Hr’ E ‘ an Kgsxtvigxitggr-‘_,ffi?.;‘ 3" V .. ,9 ;' "V .. F '*. Q ' \ " a,'_. 1; ’ 1.5’ "ca \.';. M -5' ~.‘ NOV 09 1989 A b i_§E§§%£é§Eig;;§ Y ’ c~A”r wwm:cM« *"W° . . JG‘. , ivm. Johnny H. Killian .ru-u.-».¢vJ_ A’ Legislative Attorney American Law Division Updated by Meredith McCoy Legislative Attorney_ American Law Division March 7, 1974 Updated February 11, 1980 CONGRESSIONAL RESEARCH SERVICE HBRARY(H 1 (FE JK 140 C CLN3<’S5 The Con ressional Research Service works exclusivel for g I 0 0 a y the Con ress,conduct1n research, anal zm le slat1on,and . .8 . . g Y 8 8‘ providing information at the request of committees, Mem- bers, and their staffs. The Service makes such research available, without parti- san bias, in many forms including studies, reports, compila- tions, digests, and background briefings. Upon request, CRS assists committees in analyzing legislative proposals and issues, and in assessing the possible effects of these proposals and their alternatives. The Service’s senior specialists and subject analysts are also available for personal consultations _ in their respective fields of expertise. ABSTRACT This report is an update of source materials on the subject of constitutional conventions and includes refer- ences to relevant law review articles, important treaties and certain legislative documents on the subject. It is selective in nature, ranging from The Federalist papers (1787-88) to contemporary writings as recent as 1979. CALLING OF A FEDERAL CONSTITUTIONAL CONVENTION BY STATE PETITION Selected References Ackerman, "Unconstitutional Convention," New Republic, March 3, 1979 "Amending the Constitution to Strengthen the States in the Federal System," 19 State Government 10 (Winter No. 1, 1963). American Bar Association, "Report of the Special Committee on Constitutional Convention Study," Annual Report of the American Bar Association (1973). American Enterprise Institute, Special Analysis: A Convention to Amend the Constitution? (1967). American Enterprise Institute, Proposals For a Constitutional Convention to Require a Balanced Federal Budget. Legislative Analysis No. 3, 96th Congress, lst Session (1979). Ames, H., The Proposed Amendments to the Constitution of the U.S. During the First Century of Its History, H.R. Doc. No. 353, pt. 2, 54th Congress, 2d Session, 1897. Bell, and Edmisten, "National Constitutional Convention," 43 Pennsylvania Bar Association Quarterly 99 (1971). Black, Charles, L., "Amending the Constitution: A Letter to a Congressman," 82 Yale Law Journal 189 (1972). Black, "Amendment by National Constitutional Convention: A Letter toaa Senator," 32 Oklahoma Law Review 626 (1979). Black, "The Proposed Amendment of Article V: A Threatened Disaster," 72 Yale Law Journal 957 (1963). Black, "Proposed Constitutional Amendments: They Would Return Us to Con- federacy," 49 American Bar Association Journal 637 (1963). Bonfield, "Proposing Constitutional Amendments by Convention: Some Prob- lems," 39 Notre Dame Lawyer 659 (1964). Brickfield, Cyril F., Problems Relating to a Federal Constitutional Con- vention, (Doc. Dis., George Washington University School of Law), published as a committee print, Committee on the Judiciary, United States House of Representives, 85th Congress, lst Session, (1957). CRS-2 Buckwalter, "Constitutional Conventions and State Legislators," 20 Journal of Public Law 543 (1971). Caldwell, Freund, Bernard, "Debate of Three Proposed Constitutional Amendments," 53 Illinois Bar Journal 1040 (165). The Constitution of the United States: Analysis and Interpretation, Sen. Doc., No. 92-82 92d Congress, 2d Session (1972). Corwin and Ramsey, "The Constitutional Law of a Constitutional Amendment," 26 Notre Dame Lawyer 185 (1951). Dellinger, Walter E., "Controlling a Constitutional Convention--A Response," 1979 Duke Law Journal 601 Dellinger, "The Recurring Question of the ‘Limited’ Constitutional Convention, 88 Yale Law Journal 1623 (1979). Dodd, W.F., "Amending the Constitution," 30 Yale Law Journal 321 (1921). Dodd, W.F., "Judicially Non-Enforceable Provisions of Constitution," 80 Univer- sity of Pennsylvania Law Review 54 (1931). Dodd, W.F., The Revision and Amendment of State Constitutions (1910). Elliott, Jonathan, Debates on the Adoption of the Federal Constitution (2d ed. 1937) (5 vols.). Farrand, H., The Records of the Federal Convention of 1787 (Rev. ed. 1937) (4 vols.). Federal Constitutional Convention, Senate Document No. 78, 71st Congress, 2nd Session (1930). The Federalist No. 85, (J. Cooke ed. 1961) (A. Hamilton). The Federalist No. 43, (J. Cooke ed. 1961) (J. Madison). Feerick, J.D., "ABA Report: Rules Needed to Govern Calling to Constitutional Convention," 1 National Law Journal 22 (March 26, 1979). Feerick, J.D., "Amending the Constitution Through a Convention," 60 American Bar Association Journal 285 (1974). Fennel, "States Rights Amendments--Debates of the ‘Founding Fathers‘ Cast Doubts on Current Proposals," 35 New York State Bar Journal 465 (1963). Fensterwald, "Constitutional Law: The State and the Amending Process--A Reply," 46 American Bar Association Journal 717 (1960). CRS-3 Forkosch, "Alternative Amending Clause in Article V: Reflections and Sugges- tions," 51 Minnesota Law Review 1053 (1967). Gilliam, "Constitutional Conventions: Precedents, Problems, and Proposals," 16 St. Louis University Law Journal 46 (1971). Graham, "The Role of the State in Proposing Constitutional Amendments," 49 American Bar Association Journal 1181 (1963). Grinnel, "Petitioning Congress for a Convention: Cannot a State Change Its Mind? 45 American Bar Association Journal 1165 (1959). Gunther, Gerald "Constitutional Brinkmanship: Stumbling Toward a Convention," 65 American Bar Association Journal 1046 (1979). Gunther, "The Convention Method of Amending the United States Constitution," 14 Georgia Law Review 1 (1979). Heller, F.H., "Article V: Changing Dimensions in Constitutional Change," 7 University of Michigan Journal of Law Reform 71 (1973). Hurst, "Memorandum Regarding Pending Proposals to Amend United States Consti- tution," 36 Wisconsin Bar Bulletin 7 (1963). Jameson, John A., A Treatise on Constitutional Conventions--Their History Powers and Modes of Proceeding, (4th ed. 1887). Jenner, "Observations on the Proposed Alteration of the Constitutional Amenda~ tory Procedure," 39 Notre Dame Lawyer 625 (1964). Leepson, Marc. "Calls for Constitutional Conventions," 1 Editorial Research Reports 187 (1979). Legg, "Can Public Officials be Delegates to the Constitutional Convention?" 50 Chicago Bar Record 126 (1968). McGovern, "Confederation v. Union," 9 South Dakota Law Review 1 (164). Margolick, DavidM., "Constitutional Convention?" 1 National Law Journal 11 (March 5, 1979). Martig, "Amending the Constitution Article V: The Keystone of the Arch," 35 Michigan Law Review 1253 (1973). Martin, "The Amending Power: The Ebinger Proposal," 40 American Bar Associa- tion Journal 767 (1954). Martineau, "Mandatory Referendum on Calling a State Constitutional Convention: Enforcing the Peoples Right to Reform Their Government," 31 Ohio State Law Journal 421 (1970). CRS-4 Monroe, "To Preserve the United States: A Brief for the Negative on Three Current Plans to Amend the Constitution," 8 St. Louis University Law Journal 533 (1964). Myers, Denys P., The Process of Constitutional Amendment, 8. Doc. 314, 76th Congress, 3d Session (1940). Noonan,“The Convention Method of Constitutional Amendment--Its Meaning, Useful- ness, and Wisdomf’lO Pacific Law Journal 641 (1979). Note, "Amendment by Convention: Our Next Constitutional Crisis?" 53 North Carolina Law Review 491 (1975). Note, "Limited Federal Constitutional Conventions: Implications of the State Experience," 11 Harvard Journal of Legislation 127 (1973). Note, "Proposed Constitutional Amendments: A new Definition of Federalism," 12 Journal of Public Law 448 (1963). Note, "Proposing Amendments to the United States Constitution by Convention," 70 Harvard Law Review 1067 (1957). Note, "Rescinding Memoralization Resolutions," 30 Chi-Kent Law Review 339 (1952). Note, "The Process of Constitutional Amendment," 79 Columbia Law Reivew 108 (1979). Orfield, Lester B. Amending the Constitution (Ann Arbor: 1942). Packard, "Constitution Law: The States and the Amending Process," 45 American Bar Association Journal 161 (1959). Packard, "The Inherent Safety in Calling a Convention for a Purpose of Propos- ing Amendments to the Constitution of the United States," 56 Dickinson Law Review 373 (1952); 13 Alabama Lawyer 142 (1952). Packard, "A Study in the Invalidity of Memoralization Rescission Resolution," 13 Alabama Lawyer 309 (1952); 34 Chicago Bar Review 31 (1952); 30 Chicago-Kent Law Review 339 (1952); 57 Dickinson Law Review 86 (1952). Platz, "Article V of the Federal Constitution," 3 George Washington Law Review 17 (134). Pullen, "The Application Clause of the Amending Provision of the Constitution," (Unpub. Dissertation, University of North Carolina, Chapel Hill, 1951). "Reapportionment Convention Call Issued by 32 States," Congressional Quarterly Weekly Report, March 24, 1967, pp. 439-40. CRS-5 Rhoads, "Three Proposed Amendments to the United States Constitution--A Chal- lenge to Our Form of Government," 35 Pennsylvania Bar Association Quarterly 8 (1963). Rhodes, R.M., "Limited Federal Constitutional Convention," 26 University of Florida Law Review 1 (1973). A Scheips, "The Significance and Adoption of Article V of the Constitution," 26 Notre Dame Lawyer 46 (1950). Shanahan, "Proposed Constitutional Amendments: They will Strengthen Federal- State Relations," 49 American Bar Association Journal 631 (1963). "Should a Convention Be Called to Amend the U.S. Constitution?" 5 Illinois Issues 4 (1979). "Symposium on the Article V Convention Process: Dirksen, "The Supreme Court and the People"; Ervin, "Proposed Legislation to Implement the Conven- tion Method of Amending the Constitution"; Kauper, "The Alternative Amendment Process: Some Observations"; Carson, "Disadvantages of a Fed- eral Constitution"; Dixon, "Article V: the Comatose Article of Our Living Constitution?"; Bonfield, "The Dirksen Amendment and the Article V Convention Process"; McCleskey, "Along the Midway: Some Thoughts on Democratic Constitution-Amending," 66 Michigan Law Review 837 (1968). Tomei, "Con Con at the Crossroads--Convention of the Parties or of the People?" 50 Chicago Bar Record 113 (1968). Tuller, "A Convention to Amend the Constitutions--Why Needed--How May It Be Obtained?" 11 North American Review 369 (1911). Tribe, Lawrence, "Issues Raised by Requesting Congress to Call A Constitutional Convention to Propose a Balanced Budget Amendment." 10 Pacific Law Journal 1627 (1979). United States House of Representatives, Committee on the Judiciary Problems Re- lating to State Applications for a Convention to Propose Constitutional Limitations on Federal Tax Rates (Comm. Print), 82nd Congress, 2nd Session, 1952. United States House of Representatives, Committee on the Judiciary, State App- lications Asking Congress to Call a Federal Constitutional Convention (Comm. Print), 86th Congress, lst Session, 1959. United States House of Representatives, Committee on the Judiciary, State App- lications Asking Congress to Call a Federal Constitutional Convention (Comm. Print), 87th Congress, lst Session, 1961. [NOTE: Both this and the preceeding items are summaries and updating of the Brickfield item, op. cit.] CR8-6 United States Senate, Committee on the Judiciary, Hearing Before a Subcom- mittee on S.J. Res. 23, Proposing an Amendment to the Constitution of the United States Relative to Taxes on Incomes, Inheritances, and Gifts, 83rd Congress, 2nd Session, 1954. United States Senate, Committee on the Judiciary, Hearings before the Sub- committee on Separation of Powers on S. 2307, Federal Constitutional Convention, 90th Congress, lst Session, 1967. United States Senate, Committee on the Judiciary, Report on the Federal Con- stitutional Procedures Act, 92nd Congress, lst Session, 1971. Van Alstyne, William W., "Does Article V Restrict the States to Calling Un- limited Conventions Only?--A Letter to a Colleague." 1978 Duke Law Journal 1295 (1978). Van Alstyne, "The ‘Limited’ Constitutional Convention--The Recurring Answer", l979 Duke Law Journal 985. 3 Voegler, "Amending the Constitution by the Article V Convention Method", 55 North Dakota Law Review 355 (1979). Wheeler, "Is a Constitutional Convention Impending?" 21 Illinois Law Review 782 (1927). W # LIBRARY OF WASHINGTON umvensrrv ST. LOUIS - MO.