Document Type

Article

Publication Date

2011

First Page

693

Volume

78

Source Publication Abbreviation

Tenn. L. Rev.

Abstract

Much of the mystery surrounding the Constitution's state-application-and-convention amendment process is unnecessary as history and case law enable us to resolve most questions. This article is the first in legal literature to access the full Founding-Era record on the subject, including the practices of inter-colonial and interstate conventions held during the 1770s and 1780s. Relying on that record, together with post-Founding practices, understandings, and case law, this article clarifies the rules governing applications and convention calls, and the roles of legislatures and conventions in the process. The goal of the article is objective exposition rather tan advocacy or special pleading.

Comments

This article was published originally at 78 Tenn. L. Rev. (2011) and appears here by permission of the Tennessee Law Review Association, Inc.

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