{"status":"ok","message-type":"work","message-version":"1.0.0","message":{"indexed":{"date-parts":[[2026,8,14]],"date-time":"2026-08-14T15:38:20Z","timestamp":1786721900879,"version":"build-2736575974"},"posted":{"date-parts":[[2025]]},"group-title":"SSRN","reference-count":25,"publisher":"Elsevier BV","content-domain":{"domain":[],"crossmark-restriction":false},"short-container-title":[],"abstract":"<jats:p>Nonpartisan structural reforms to the U.S. Constitution\u2014such as eighteen-year term limits for the Supreme Court, reform of Congress, or revision of the amendment process itself\u2014could be useful and broadly popular. However, the Constitution has not been amended in decades, and even nonpartisan structural amendments are unlikely to be proposed in the near future. Congress shows no signs of proposing amendments through the traditional process, and the alternative route provided by Article V\u2014a constitutional convention called by states\u2014is unusable due to fears of runaway conventions. This Article proposes that resequencing the Article V convention process could make nonpartisan structural amendments feasible. By drafting an amendment first, and only subsequently having state legislatures apply to&amp;nbsp;Congress for the already-occurred meeting to be \u201ccalled\u201d retroactively as a convention, a resequenced process could avoid the runaway convention risk.<\/jats:p>","DOI":"10.2139\/ssrn.5226103","type":"posted-content","created":{"date-parts":[[2025,5,6]],"date-time":"2025-05-06T16:04:35Z","timestamp":1746547475000},"source":"Crossref","is-referenced-by-count":0,"title":["Resequencing Article V Conventions to Facilitate Nonpartisan Structural Amendments"],"prefix":"10.2139","author":[{"given":"Timothy","family":"Schnabel","sequence":"first","affiliation":[],"role":[{"vocabulary":"crossref","role":"author"}]}],"member":"78","reference":[{"key":"ref1","article-title":"It's Harder than Ever to Confirm a Supreme Court Justice","volume":"6","author":"See Geoffrey","year":"2022","journal-title":"FiveThirtyEight"},{"key":"ref2","year":"2020","journal-title":"House Democrats Propose Supreme Court Term Limits, Appointments Schedule, Without Constitutional Amendment"},{"key":"ref3","article-title":"End the Poisonous Process of Picking Supreme Court Justices","volume":"769","author":"G Steven","year":"2006","journal-title":"Term Limits for the Supreme Court: Life Tenure Reconsidered"},{"key":"ref4","author":"W Michael","year":"2021","journal-title":"Written Testimony Before the Presidential Commission on the Supreme Court of the United States"},{"key":"ref5","volume":"10","author":"Orin S Kerr","year":"2016","journal-title":"Justice Scalia's Death and the Case for Supreme Court Term Limits, Volokh Conspiracy"},{"key":"ref6","year":"2020","journal-title":"18 Year Term Limit for Supreme Court Justices"},{"key":"ref7","author":"Hendrik Hertzberg","year":"2012","journal-title":"New Yorker"},{"key":"ref8","article-title":"see also Constitution Drafting Project","volume":"4","author":"Const","year":"2022","journal-title":"Nat'l Const. Ctr., The Proposed Amendments"},{"key":"ref9","article-title":"We Shouldn't Have to Worry so Much About Whether Justice Breyer Retires"},{"key":"ref10","article-title":"Court-Packing Isn't the Right Fix for Our Courts","volume":"9","year":"2021","journal-title":"Rethink Life Tenure"},{"key":"ref11","year":"2024","journal-title":"Fact Sheet: President Biden Announces Bold Plan to Reform the Supreme Court and Ensure No President Is Above the Law"},{"key":"ref12","article-title":"Recent polling suggests that the imposition of term limits for Justices is extremely popular with the public, with 67 percent supporting and only 14 percent opposing, 62 and a recent informal survey of judges also suggests that a majority of them would support the idea. 63 A majority of the Supreme Court Practitioners' Committee has endorsed the idea as \"warrant[ing] serious consideration","author":"See Aamer","year":"2024","journal-title":"Ethics Code for Justices"},{"key":"ref13","volume":"9","year":"2021","journal-title":"Americans Have Lost Confidence in the Supreme Court, AP-NORC"},{"key":"ref14","author":"Judy Woodruff","year":"2021","journal-title":"Why Biden's Approval Rating is Sinking and How Americans View Democracy, Justice, PBS NewsHour"},{"key":"ref15","article-title":"Most Judges Appear to Support Term Limits for Supreme Court Justices","author":"Autumn King","year":"2021","journal-title":"Nat'l Jud. Coll"},{"key":"ref16","author":"Kenneth Geller","year":"2021","journal-title":"Written Testimony for the Presidential Commission on the Supreme Court of the United States 5"},{"key":"ref17","article-title":"Approval Rating Hasn't Hit 30% in 10 Years. That's a Record","volume":"10","author":"Harry Enten","year":"2019","journal-title":"CNN"},{"key":"ref18","article-title":"Voters tend to know more about their representative than about Congress itself, and their views of the former are based on what they feel their member has done for the district and individual constituents","volume":"10","year":"2014"},{"key":"ref19","article-title":"I think it is no coincidence that our Founding Fathers chose Congress for the first article in the Constitution, ahead of the president and the judiciary. They intended the legislative branch to be first among equals, if you will","author":"Policy Article I Project","year":"2016","journal-title":"See also Remarks to the Federalist Society on Trade & Article I, Mike Lee US Senator for Utah"},{"key":"ref20","first-page":"23","article-title":"League of Women Voters of Or","volume":"7","author":"Rick Hasen","year":"2019","journal-title":"Proportional Representation Through the Single Transferable Vote, Election L. Blog"},{"key":"ref21","first-page":"420","article-title":"The Single Transferable Vote: Achieving the Goals of Section 2 Without Sacrificing the Integration Ideal","volume":"9","author":"R Dana","year":"1991","journal-title":"Yale L. & Pol'y Rev"},{"key":"ref22","author":"Transferable Single","journal-title":"N.Z. Dep't of Internal Affs"},{"key":"ref23","author":"Transferable Single","journal-title":"Electoral Reform Soc'y"},{"key":"ref24","volume":"2","author":"Grey","year":"2014","journal-title":"Extra: STV Election Walkthrough, YouTube"},{"key":"ref25","author":"Gabriela Schulte","year":"2020","journal-title":"Poll: 60 Percent of Voters Say a Viable Third Party is Needed to Have an Effective Political System"}],"container-title":[],"original-title":[],"deposited":{"date-parts":[[2026,8,14]],"date-time":"2026-08-14T15:12:55Z","timestamp":1786720375000},"score":1,"resource":{"primary":{"URL":"https:\/\/www.ssrn.com\/abstract=5226103"}},"subtitle":[],"short-title":[],"issued":{"date-parts":[[2025]]},"references-count":25,"URL":"https:\/\/doi.org\/10.2139\/ssrn.5226103","relation":{},"subject":[],"published":{"date-parts":[[2025]]},"subtype":"preprint"}}