This report sets forth certain conclusions reached by the Special Constitutional Convention Study Committee of the American Bar Association after conducting a two-year study. The committee was formed to evaluate the ramifications of the constitutional convention method of initiating amendments to the U. S. Constitution as set down in Article 5. It analyzed and studied all aspects of law concerned with calling a national constitutional convention. Particular attention was given to the question of whether a convention's jurisdiction can be limited to the subject matter giving rise to its call, or whether the convening of a constitution as a matter of constitutional law opens the convention to multiple amendments and the consideration of a new constitution. Article 5, the origins of the provision, intent of the Framers, and history and workings of the article since 1789, formed background material for the research. The major conclusion reached from the study is that a national constitutional convention can be channeled so as not to be the unleashing of a radical force in the system, but rather an orderly mechanism of effecting constitutional change when circumstances require its use. Appendices illustrate and cross-reference the report.
August 1, 2018 Subject:
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