into the campaign and ensure a spirited discussion of the issues During the

Into the campaign and ensure a spirited discussion of

This preview shows page 16 - 18 out of 19 pages.

into the campaign and ensure a spirited discussion of the issues. During the campaign, the convention candidates would have to express their position on the relevant issues, such as whether they would attempt to lead the convention away from its defined subject matter. Thus, delegates would have to commit themselves to a position on the 76. RUSSELL CAPLAN, CONSTITUTIONAL BRINKSMANSHIP: AMENDING THE CONSTITU- TION BY NATIONAL CONVENTION 146-49 (1988). For a review of this book, see Anita Bernstein, Statesmanship:A Review of Constitutional Brinksmanship Amending the Constitution by National Convention, 58 GEO. WASH. L. REV. 802 (1990). 77. See Jonathon L. Wolcoff, Note, The Unconstitutionality of Voter Initiative Applications for Federal Constitutional Conventions, 85 COLUM. L. REv. 1525 (1985); see also Dellinger, Who Controls a Convention, supra note 64, at 999. In Leser v. Garnett, the Supreme Court stated that the process is a federal function; accordingly it is to be "derived from the Federal Constitution ... it transcends any limitations sought to be imposed by the people of a State." Leser v. Garnett, 258 U.S. 130, 137 (1922). 78. U.S. CONST. art. V. 79. Id. 80. "The mandatory language of Article V is inescapable: upon application of the requisite number of states, Congress 'shall call a Convention for proposing Amendments."' Paulsen, supra note 20, at 756 (citing U.S. CONST. art. V). 81. A.B.A., supra note 30, at 9. 82. LAWRENCE M. FREIDMAN, AMERICAN LAW 184 (1984). 1996]
Image of page 16
MARQUETTE LAW REVIEW question of a runaway convention before they were elected. 3 While the delegates' promises would not be any more legally binding than the promises of any other politician, the public scrutiny of the candidates would impose difficult, if not insurmountable, barriers on any efforts to lead the convention beyond its legal scope. 84 Some people fear that because the convention method has never been tried, its use will lead to chaos. 85 However, the history of the ratification process for the Twenty-First Amendment shows that such fears are invalid. This history starts with the Eighteenth Amendment which enacted National Prohibition. 86 After the people sobered up, they ratified the Twenty-First Amendment to repeal the Eighteenth.' Prior to the Twenty-First Amendment, all amendments had been ratified by state legislatures. 88 However, Congress chose a different vehicle to ratify the Twenty-First Amendment: state conventions. To this day, the Twenty-First Amendment is the only amendment that has been ratified by state conventions. 89 One of the most important issues through the ratification process was the method by which the people would elect convention delegates to the state conventions that would vote on the Twenty-First Amendment. This question centered on whether delegates would be chosen by state-wide or local elections. At the time, Congress made no decision on this issue.
Image of page 17
Image of page 18

You've reached the end of your free preview.

Want to read all 19 pages?

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern

Stuck? We have tutors online 24/7 who can help you get unstuck.
A+ icon
Ask Expert Tutors You can ask You can ask You can ask (will expire )
Answers in as fast as 15 minutes