How to Ratify an Amendment by State Conventions
Article V of the U.S. Constitution explains the ways the Constitution can be amended. The conventional model is that both the Senate and the House of Representatives pass an amendment by a two-thirds majority of each chamber. Then three-quarters of all states must approve of the amendment via their own state legislatures. However, Article V also states that a governor may decide that his state should consider the amendment by a state convention, not the state legislature. A state convention is made up of delegates, usually voted in or chosen, who decide on the amendment instead of the state legislature.
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Instructions
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Create a civil group to propose a convention. The civil group must detail the reasons why a state convention is preferred over a state legislature for a vote on an upcoming amendment.
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Organize meetings across your state. This helps gather followers and media attention for your cause.
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Pressure the governor to institute a ratifying convention. Only the governor of a state can call for such an action, and if there is significant public pressure for one, then the governor will most likely call for an convention when an amendment is brought to your state's attention.
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Wait for an amendment to be passed by both the Senate and the House of Representatives. Amendments take time to be processed in both chambers and then across the United States.
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Make sure the governor follows your state's constitution concerning setting up a ratifying convention. If the governor does allow a convention, the state will begin to choose delegates.
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Challenge the amendment on a judicial level. This is if the governor allows the state legislature to vote on the amendment, and the legislature votes opposite to the way you wanted. Your only option as a citizen now is to pressure judicial circles in your state concerning the amendment's constitutionality.
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Tips & Warnings
The only amendment for this procedure was used was the 21st. The language of the 21st Amendment (which ended Prohibition) when it passed the Senate and the House stated that it could only be ratified by state conventions.
Each state decides how a convention is organized. For example, in Florida, any citizen just needs to pay $25 to enter into the convention until 67 people are chosen. In Vermont, however, the governor must hold elections for 14 convention delegates three to 12 months after an amendment has passed the House and Senate. The Vermont delegates must vote on the amendment 30 days after being elected.
References
- Photo Credit state house boston image by Stephen Orsillo from Fotolia.com
