A constitutional convention would be a terrible idea

Some respected scholars who favor a convention argue that strict instructions would deter the assembled delegates from venturing beyond the velvet rope. But if that cannot be made a legal requirement, it winds up more like an honor code. “Congress might try to limit the agenda to one amendment or to one issue, but there is no way to assure that the Convention would obey,” wrote the late Chief Justice Warren Burger…

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Note what this does *not* say. It says not a word expressly authorizing the states, Congress, or some combination of the two to confine the subject matter of a convention. It says not a word about whether Congress, in calculating whether the requisite 34 states have called for a convention, must (or must not) aggregate calls for a convention on, say, a balanced budget, with differently worded calls arising from related or perhaps even unrelated topics. It says not a word prescribing that the make-up of a convention, as many conservatives imagine, will be one-state-one-vote (as Alaska and Wyoming might hope) or whether states with larger populations should be given larger delegations (as California and New York would surely argue).

Does Congress, or perhaps the Supreme Court, get to resolve these questions—the same Congress and Supreme Court that the process is aimed at doing an end run around? If the Supreme Court resolves them, does it do so only at the very end of the process, after years of national debate have been spent in devising amendments that we find out after the fact were not generated in proper form?

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