In line with the authorization given them in the prior amendment, the state agencies could provide the guidelines necessary for calling and holding proposing and ratifying conventions. This would be a task of the greatest importance. The reader will recall that James Madison, two days before our Constitution was approved by the 1787 Convention, called attention to the necessity for such guidelines. [4] Largely because time pressures prevented the Framers from including these guidelines in Article V, we have had no constitutional convention since 1787. Yet Col. Mason declined to sign the original Constitution largely because it allows Congress to propose amendments, [5] and Jefferson believed we should have a proposing convention at least once each 20 years.
GUIDELINES ARE CRUCIAL
Establishing guidelines for constitutional conventions would be crucial. It would also (probably) be a welcome task for the instate legislatures. It would certainly be far preferable to them than allowing Congress to encroach on state authorities. Further, Congress would have no means, short of force, of ensuring compliance with convention guidelines. On the other hand the state legislatures would have the power to reject proposed amendments that violate their guidelines. Some of the needed guidelines are:
1. Methods for the people to use in calling a convention,
2. The number of delegates, their compensation and their expenses,
3. The allocation of delegate seats among the states (counties or districts),
4. The election of delegates with no expenditure of private money,
5. Petitioning criteria for delegate candidates,
6. Methods for funding public debates for delegate candidates meeting petition requirements,
7. Programs for orienting delegates to the present Constitution and to the workings of government,
8. Procedures for establishing the dates and locations of conventions,
9. Methods for financing the conventions,
10. Establishing the scope of each proposing convention and
11. Establishing rules of order for conventions.
CONCLUSIONS
The power to reform our federal government and the means to exercise this power lie exclusively with our 50 state legislatures. What is needed is reassurance from us (the constituents of the more than 7,000 state legislators) that we wish them to proceed. The 119 members of the Executive Committee of the NCSL will convene in Seattle, Washington on Sunday, August 2, 2015.
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