{"status":"ok","message-type":"work","message-version":"1.0.0","message":{"indexed":{"date-parts":[[2022,4,5]],"date-time":"2022-04-05T23:21:10Z","timestamp":1649200870839},"reference-count":100,"publisher":"Elsevier BV","content-domain":{"domain":[],"crossmark-restriction":false},"short-container-title":["SSRN Journal"],"DOI":"10.2139\/ssrn.2964578","type":"journal-article","created":{"date-parts":[[2017,5,10]],"date-time":"2017-05-10T15:04:00Z","timestamp":1494428640000},"source":"Crossref","is-referenced-by-count":0,"title":["Why the Constitution's 'Convention for Proposing Amendments' Is a Convention of the States"],"prefix":"10.2139","author":[{"given":"Robert G.","family":"Natelson","sequence":"first","affiliation":[],"role":[{"role":"author","vocabulary":"crossref"}]}],"member":"78","reference":[{"key":"ref1","journal-title":"concurring) (stating of the congressional commerce power that the power \"over commerce ... amounts to nothing more than a power to limit and restrain it at pleasure. And since the power to prescribe the limits to its freedom, necessarily implies the power to determine what shall remain unrestrained"},{"key":"ref2","author":"Judith K Shafter","year":"2017"},{"key":"ref3","first-page":"222","journal-title":"Marshall was a prominent speaker at the Virginia ratifying convention. 3 ELLIOT'S DEBATES, supra note 1"},{"key":"ref4","doi-asserted-by":"publisher","year":"1833","journal-title":"JOSEPH L. STORY, COMMENTARIES ON THE CONSTITUTION OF THE UNITED STATES","DOI":"10.2307\/1337513"},{"key":"ref5","author":"Farrand's Records","year":"1787","journal-title":"How was a Convention to be formed? By what rule decided? What was the force of its acts"},{"key":"ref6","article-title":"Issues Raised by Requesting Congress to Call a Constitutional Convention to Propose a Balanced Budget Amendment, 10 PAC","volume":"627","author":"Laurence H Tribe","year":"1979","journal-title":"L. J"},{"key":"ref7","journal-title":"Infra Part 5 (discussing Madison's formulation in The Federalist)"},{"key":"ref8","journal-title":"I have made something of a career reconstructing the founding-era meaning of constitutional terms modern commentators thought obscure. E.g., Robert G. Natelson, The Founders' Origination Clause (and Implications for the Affordable Care Act"},{"key":"ref9","author":"J L Harvard","year":"2015","journal-title":"Pub. Pol"},{"key":"ref10","doi-asserted-by":"publisher","DOI":"10.1017\/cbo9780511760815.001","author":"Gary Lawson","year":"2010","journal-title":"THE ORIGINS OF THE NECESSARY AND PROPER CLAUSE"},{"key":"ref11","author":"Robert G Natelson","year":"2009","journal-title":"The Original Meaning of the Privileges and Immunities Clause, 43 GA"},{"key":"ref12","journal-title":"The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it"},{"key":"ref13","author":"Art Id","journal-title":"In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction"},{"key":"ref14","author":"Id","journal-title":"The Trial of all Crimes, except in Cases of Impeachment"},{"key":"ref15","article-title":"Madison listed a series of \"accustomed requisites\" for what became the Sixth Amendment right of jury trial","volume":"1","journal-title":"ANNALS OF CONG"},{"key":"ref16","volume":"5","author":"U S Const","journal-title":"when ratified by the Legislatures of three fourths of the several States, or by Convention in three fourths thereof"},{"key":"ref17","journal-title":"See Natelson, Conventions, supra note 1 (surveying conventions and convention practice before and during the Founding)"},{"key":"ref18","author":"Id"},{"key":"ref19","volume":"633","author":"Id"},{"key":"ref20","volume":"633","author":"Id"},{"key":"ref21","volume":"689","author":"Id"},{"key":"ref22","doi-asserted-by":"publisher","DOI":"10.5962\/bhl.title.31108","author":"E G Governor George Clinton","year":"1780","journal-title":"BOSTON CONVENTION, supra note 1"},{"key":"ref23","doi-asserted-by":"publisher","author":"Conventions Natelson","DOI":"10.1016\/b978-075067402-7\/50018-4"},{"key":"ref24","author":"Id","journal-title":"identifying 21 conventions); however, since publication of that article I have found one more. This was the Albany Council of 1684, a convention that included Massachusetts"},{"key":"ref25","author":"Id","journal-title":"at 640-80 (describing eleven held between 1776 and 1787)"},{"key":"ref26","author":"Id","journal-title":"at 645 (referring to a congressionally called Charleston, South Carolina convention that never met)"},{"key":"ref27","author":"Id"},{"key":"ref28","author":"E G","journal-title":"at 667 (citing Massachusetts Governor James Bowdoin as proposing a \"Convention or Congress\" of \"special delegates from the States\")"},{"key":"ref29","journal-title":"Only the 1684 Albany Council seems to have been so designated"},{"key":"ref30","article-title":"All the interstate gatherings between 1776 and 1787 were known primarily, although not exclusively, by the term \"convention","journal-title":"1894) (setting forth the records of the first Providence, Springfield, and New Haven \"conventions"},{"key":"ref31","volume":"619","journal-title":"620 (containing self-identification of the New Haven gathering as a convention)"},{"key":"ref32","author":"Natelson","journal-title":"Conventions, supra note 1, at 654 (reproducing the call for the 1780 Philadelphia Price Convention, referring to it as \"a convention of Commissioners from the States of"},{"key":"ref33","doi-asserted-by":"publisher","author":"Conventions Natelson","DOI":"10.2139\/ssrn.2044296"},{"key":"ref34","author":"Thus","journal-title":"New Hampshire Governor Wentworth stated it \"will be more general, and not confined to one particular Colony, but that all his Majesty's Provinces that are present by their Commissioners will be included\"). 6 N.H. STATE PAPERS, supra note 1, at 132. He subsequently described it as \"the \"General Congress held at Albany"},{"key":"ref35","doi-asserted-by":"publisher","author":"Friend To Good","year":"1788","DOI":"10.1017\/9781108381277.076"},{"key":"ref36","volume":"25","author":"Jr Solon","year":"1788","journal-title":"at 399 (describing an amendments convention called under Article V as"},{"key":"ref37","first-page":"283","volume":"277","author":"Tench Coxe","year":"1788"},{"key":"ref38","first-page":"105","author":"E G","year":"1788","journal-title":"1789) (reproducing a New York legislative application referring to an amendments convention as a \"General Convention\"); Resolution of the Rhode Island General Assembly"},{"key":"ref39","author":"Natelson","journal-title":"Conventions, supra note 1, at 654 (quoting the call for the Philadelphia Price Convention of 1780)"},{"key":"ref40","author":"N H State","journal-title":"supra note 1, at 115 (reproducing a letter of June 29, 1747 from Massachusetts Governor William Shirley, referring to a convention with \"such Commissioners as may be appointed by all his Majestys Governments from New Hampshire to Virginia inclusively"},{"key":"ref41","article-title":"Letter from George Washington to Massachusetts Governor James Bowdoin","author":"E G","year":"1780","journal-title":"BOSTON CONVENTION"},{"key":"ref42","author":"Id","journal-title":"at 52 (calling for a \"meeting of Commissioners from the several States"},{"key":"ref43","author":"E G","year":"1780","journal-title":"Letter from New York Governor George Clinton to George Washington"},{"key":"ref44","volume":"666","year":"1785","journal-title":"Resolve Recommending a Convention of Delegates from all the States, 1784-1785 MASS. RECORDS, supra note 1"},{"key":"ref45","volume":"1","author":"J Cont Cong","journal-title":"1775) (setting forth instructions recommending \"an annual Convention of Delegates or Representatives from all the Colonies\"); 31 id"},{"key":"ref46","year":"1787","journal-title":") (reproducing congressional opinion in favor of \"a Convention of delegates who shall have been appointed by the several States"},{"key":"ref47","year":"1785","journal-title":"This was the form of the resolution by which the Virginia legislature authorized a circular letter that served as the call to Annapolis. VA. H.D. J., supra note 1, at 153 (session beginning"},{"key":"ref48","year":"1782","journal-title":"the New York legislature resolved as follows: It appears to this Legislature, that the foregoing important Ends, can never be attained by partial Deliberations of the States, separately, but that it is essential to the Common Welfare"},{"issue":"11","key":"ref49","doi-asserted-by":"publisher","first-page":"28","DOI":"10.1038\/scientificamerican03221856-221b","volume":"2","author":"Documents Of","year":"1904","journal-title":"Pt"},{"key":"ref50","volume":"667","author":"Similarly","year":"1785","journal-title":"to recommend a Convention of the States at some convenient place, on an early day, [so] that the evils so severely experienced from the want of adequate powers in the foederal [sic] Government, may find a remedy as soon as possible"},{"key":"ref51","doi-asserted-by":"publisher","DOI":"10.2307\/j.ctt1ffjffr.9","volume":"435","author":"An Cf","year":"1788","journal-title":"12 DOCUMENTARY HISTORY, supra note 1"},{"key":"ref52","volume":"1","author":"J Cont Cong","year":"1787","journal-title":"and 544 (unsuccessful motion of Nathan Dane of Massachusetts referring to the Constitutional Convention as \"the Convention of the States lately assembled\"); 3 FARRAND'S RECORDS, supra note 1, at 585 (reproducing the Connecticut act for appointing delegates to the Constitutional Convention, describing it as \"a convention of the States\" and as \"a Convention of Delegates, who shall have been appointed by the several States\"); 2 ELLIOT'S DEBATES, supra note 1"},{"key":"ref53","author":"E G","year":"1787","journal-title":"3 FARRAND'S RECORDS, supra note 1, at 34 (\"The pressure of the public voice was so loud, I could not resist the call to a convention of the States, which is to determine whether we are to have a Government of respectability"},{"key":"ref54","doi-asserted-by":"publisher","author":"A Freeman","year":"1788","DOI":"10.4135\/9781608712380.n139"},{"key":"ref55","article-title":"A Native of Boston","volume":"178","year":"1788","journal-title":"THOUGHTS UPON THE POLITICAL SITUATION OF THE UNITED STATES OF AMERICA"},{"key":"ref56","volume":"1","author":"J Cont Cong","year":"1776","journal-title":"1776) (producing a letter from the president of the convention of South Carolina); cf. MINUTES OF THE NORTH CAROLINA COUNCIL OF SAFETY"},{"key":"ref57","author":"N H House","year":"1787","journal-title":"21 N.H. STATE PAPERS, supra note 1"},{"key":"ref58","doi-asserted-by":"publisher","author":"Conventions Natelson","DOI":"10.2139\/ssrn.2044296"},{"key":"ref59","author":"Id","journal-title":"at 654 (quoting the call) and 655"},{"key":"ref60","article-title":"at 675 (quoting the call) and 675-80 (discussing the scope of that gathering, including the false narrative that the 1787 convention exceeded the scope of its call. The most recent and comprehensive treatment of the \"runaway\" myth is Michael Farris, Defying Conventional Wisdom: The Constitution Was Not the Product of a Runaway Convention","author":"Id","year":"2017","journal-title":"40 HARVARD J. L. & PUB. POL"},{"key":"ref61","author":"Natelson","journal-title":"Conventions, supra note 1, at 691-700 (setting forth the lists of commissioners at three major conventions of colonies and all conventions of states between 1776 and 1787)"},{"key":"ref62","journal-title":"See 19 DOCUMENTARY HISTORY, supra note 1, at xviii-xx (setting forth a chronology of the period)"},{"key":"ref63","author":"Elliot's Debates"},{"key":"ref64","journal-title":"at 242; see also id"},{"key":"ref65","doi-asserted-by":"publisher","journal-title":"DOCUMENTARY HISTORY","DOI":"10.2307\/j.ctt1d4v0sk.24"},{"key":"ref66","doi-asserted-by":"publisher","first-page":"258","DOI":"10.1007\/s12115-011-9432-9","volume":"2","author":"Annals","year":"1789"},{"key":"ref67","first-page":"435","journal-title":"Partial records of town deliberations on the New York circular letter are reproduced in 25 DOCUMENTARY HISTORY, supra note 1"},{"key":"ref68","journal-title":"of the Constitution, was admitted, and, in consequence thereof, an application agreed to, to be presented to the Congress, so soon as it shall be convened, for the accomplishment of that important end. We herewith transmit to your Excellency a copy of this application, which we request may be laid before your Assembly at their next meeting. We take occasion to express our most earnest wishes, that it may obtain the approbation of"},{"key":"ref69","author":"N Y J Assemb","journal-title":"12 TH SESSION, DEC. 1788 at 105-06 (February 5, 1789) (emphasis in original except for last one added)"},{"key":"ref70","volume":"1","author":"P A Gen'l. Assembly","year":"1789"},{"key":"ref71","first-page":"124","volume":"5","author":"Id","journal-title":"1789) (emphasis in original except for last item)"},{"key":"ref72","volume":"1","author":"The"},{"key":"ref73","first-page":"511","author":"V I Cassius","year":"1787"},{"key":"ref74","volume":"399","author":"Jr Solon","year":"1788","journal-title":"25 DOCUMENTARY HISTORY, supra note 1"},{"key":"ref75","journal-title":"Hanson argued against a second convention to re-write the entire Constitution, but held out the promise of an amendments convention: If there be any man, who approves the great outlines of the plan, and at the same time, would reject it, because he views some of the minute parts as imperfect, he should reflect, that, if the states think as he does, an alteration may be hereafter effected"},{"key":"ref76","first-page":"247","article-title":"1788 in 11 id","volume":"229","journal-title":"Remarks on the Proposed Plan"},{"key":"ref77","journal-title":"1788), available at Founders Online. 91 2 ELLIOT'S DEBATES, supra note 1"},{"key":"ref78","author":"Samuel Chase","journal-title":"Objections to the Constitution, 12 DOCUMENTARY HISTORY, supra note 1"},{"key":"ref79","first-page":"455","volume":"85","author":"The","journal-title":"It may rather be said ten, for though two-thirds may set on foot the measure, three-fourths must ratify"},{"key":"ref80","volume":"111","author":"Jacob Cooke","year":"1978"},{"key":"ref81","first-page":"142","article-title":"A Pennsylvanian to the New York Convention","volume":"1139","author":"Tench Coxe","year":"1788","journal-title":"20 DOCUMENTARY HISTORY, supra note 1"},{"key":"ref82","first-page":"193","author":"Tench Coxe","year":"1788"},{"key":"ref83","doi-asserted-by":"publisher","journal-title":"One example of many: FEDERALIST NO. 40, supra note 1","DOI":"10.4159\/harvard.9780674337138.c6"},{"key":"ref84","article-title":"Were it wholly national, the supreme and ultimate authority would reside in the majority of the people of the Union; and this authority would be competent at all times, like that of a majority of every national society, to alter or abolish its established government. Were it wholly federal, on the other hand, the concurrence of each State in the Union would be essential to every alteration that would be binding on all. The mode provided by the plan of the convention is not founded on either of these principles. In requiring more than a majority, and particularly in computing the proportion by states, not by citizens, it departs from the national and advances towards the federal character","author":"Id","journal-title":"199: If we try the Constitution by its last relation to the authority by which amendments are to be made, we find it neither wholly national nor wholly federal"},{"key":"ref85","journal-title":"The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations"},{"key":"ref86","author":"Id","journal-title":"Each State shall appoint, in such Manner as the Legislature thereof may direct"},{"key":"ref87","first-page":"545","article-title":"The Original Scope of the Congressional Power to Regulate Elections, 13 U","volume":"1","author":"Robert G Natelson","year":"1934","journal-title":"PA. J. CONST. LAW"},{"key":"ref88","author":"Art Id","journal-title":"He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties"},{"key":"ref89","author":"Art I Id","journal-title":"All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives"},{"key":"ref90","author":"Art Id","journal-title":"But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote\"); cf. id. amend 12"},{"key":"ref91","author":"Id","journal-title":"Compare id. art. I, \ufffd 8, cl. 15 (\"To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions"},{"key":"ref92","author":"Art Id","journal-title":"The United States shall"},{"key":"ref93","journal-title":"How many large states will agree to call a convention in which they are equally represented, when they are currently represented according to population in the U.S. House of Representatives and (largely) in the Electoral College"},{"key":"ref94","journal-title":"One state of the 50"},{"key":"ref95","author":"For Example","year":"2017","journal-title":"Senate President Andy Biggs, imbued with the notion that an amendments convention might be uncontrollable and \"run away,\" blocked applications favored by the majority of both houses over the course of several years"},{"key":"ref96","article-title":"Several bipartisan organizations of lawmakers, including the Assembly of State Legislatures and State Legislators' Article V Caucus, distribute information based on that model. A \"planning convention\" of 19 states met in Phoenix","journal-title":"September 2017 and adopted the convention of states model both for itself and in recommending rules to a future convention for proposing a balanced budget amendment"},{"issue":"11","key":"ref97","article-title":"Madison) (recording failure of Charles Pinckey's proposed compromise)","volume":"5","author":"E G","year":"1787","journal-title":"Journal); id. at"},{"key":"ref98","journal-title":"The first measure of this kind was introduced during the 1960s by"},{"key":"ref99","article-title":"Proposed Legislation to Implement the Convention Method of Amending the Constitution, 66 MICH","volume":"875","author":"Watergate-Hearings Fame","year":"1968","journal-title":"L. REV"},{"key":"ref100","article-title":"The Article V Convention for Proposing Constitutional Amendments: Historical Perspectives for Congress","author":"H Thomas","year":"2012","journal-title":"Congressional Research Service"}],"container-title":["SSRN Electronic Journal"],"original-title":[],"language":"en","deposited":{"date-parts":[[2019,5,16]],"date-time":"2019-05-16T01:52:03Z","timestamp":1557971523000},"score":1,"resource":{"primary":{"URL":"http:\/\/www.ssrn.com\/abstract=2964578"}},"subtitle":[],"short-title":[],"issued":{"date-parts":[[2017]]},"references-count":100,"URL":"https:\/\/doi.org\/10.2139\/ssrn.2964578","relation":{},"ISSN":["1556-5068"],"issn-type":[{"value":"1556-5068","type":"electronic"}],"subject":[],"published-other":{"date-parts":[[2017]]},"published":{"date-parts":[[2017]]}}}