Conventions in general enjoy a long history and rich tradition within the United States due in part to their epistemic, moral, and transformative nature. So much so that they have been stitched into the fabric of American government. There is an abundance of case law, historical precedent, examples of congressional intent, and Constitutional language, that demonstrate that the
Federal government of the United States formally recognizes
conventions, wherever they may arise in
constitutional law, as short-term
deliberative assemblies. As such, they are subject to the
rights of the People to enjoy free of governmental interference of any kind. Throughout the history of the United States, conventions have served as a mechanism of
self-governance, providing a vehicle to secure
public rights through constitutions, or as a mechanism of redress to amend them. In fact, they have been instrumental to the nation's continued development into the
representative democracy it is today.
Historical Conventions in the United States Confederate Conventions and the Founding of the Republic During the
Confederation period under the
Articles of Confederation, the former
British colonies of North America had united to form a wartime confederation of states. One characterized by
state representation in a weak and decentralized central government headed by the unicameral
Congress of the Confederation, the precursor to the modern-day
United States Senate. One convention of particular note during this time was held between September 11–14, 1786 in
Annapolis, Maryland. The
Annapolis Convention, was convened primarily to address issues of commerce between the states, but the agenda quickly became focused upon a wide range of deficiencies posed by the current frame of government. The convention ended with a resolution by Alexander Hamilton calling for a convention to amend the Articles of Confederation. Following Hamilton's suggestion, the
Confederate Congress called a convention "to render the constitution … adequate to the exigencies of the Union." The
Philadelphia Convention begin on May 14, 1787, and ended on September 17, with a proposal for a new Constitution for the union.
Conventions under the US Constitution Notable Civic Conventions With the guarantee of deliberative assemblies as a mechanism of redress under the
First Amendment to the United States Constitution, conventions have proven fundamental in civic actions meant to secure fundamental rights and civil liberties; such as, the
Seneca Falls Convention, the
Rochester Women's Rights Convention of 1848, and the
National Women's Rights Conventions. Collectively, these conventions directly led to the
Nineteenth Amendment to the United States Constitution securing a
woman's right to vote. The
Colored Conventions Movement was a
series of national, regional, and state conventions held irregularly during the decades preceding and following the
American Civil War. These conventions offered opportunities for free-born and formerly enslaved African Americans to organize and strategize for
racial justice. These early conventions argued for the abolition of slavery, equal educational opportunities, land reform, and the merits of emigration out of the United States.
Interstate Commissions Prior to the ratification of the United States Constitution, a convention of independent states would hold sovereign power over the Confederate Congress. However, most of these conventions were called by state legislatures to resolve boundary disputes; others were called for economic purposes; such as was the case with the Annapolis Convention that ultimately led to the framing of the Constitution. Since ratification however, it has become widely understood that the Constitution recognizes the authority of states and state legislatures to appoint commissioners to these types of conventions. Although any
agreements they may reach are subject to Congressional approval under the
Commerce Clause. Examples of this form of convention include the
Yellowstone River Compact Commission,
Red River Compact Commission,
Colorado River Compact, and the
Delaware River Basin Commission.
Interstate Conventions Interstate conventions,
otherwise known as conventions of states, may be called by the Governor as well, such was the case with a series of meetings from December 15, 1814, to January 5, 1815, collectively known as the
Hartford Convention. The convention was called to address the ongoing
War of 1812, as well as, an array of problems arising from the growth of the federal government.
Single State Conventions Single state conventions may be called due to a provision of the state's constitution, by referendum, or in response to amendment proposal from Congress. To date, there have been 233 state-level conventions in the history of the United States, all of which convened to revise or even entirely rewrite their state constitutions. In each and everyone of these convention, delegates were elected to the Convention.
Corporate and Political Conventions Corporate Conventions Conventions are ubiquitous in the corporate sector and include the State Conventions of the
National Association of Realtors and the Annual Convention for the Cleaning Equipment Trade Association for just two of countless examples.
Political Conventions Presidential nominating conventions are called by political parties in the United States. They have been a permanent feature of the government since its founding.
Federal Conventions Under Article One of The United States Constitution After the Civil War, Congress passed the
Reconstruction Acts, resulting in the states that once comprised the
Confederate States of America being divided into
military districts. These
Acts of Congress mandated that the rebel states revise their constitutions by means of conventions of elected delegates, to include the ratification of the
thirteenth,
fourteenth, and
fifteenth amendments to the United States Constitution.
Federal Conventions Under Article Four of The United States Constitution Congress has also frequently employed conventions for the
admission of new states to the Union under
Article Four of the United States Constitution. In all, a total of thirty-one states were admitted to the union in this manner. In each and every case, under the authority derived directly from the federal constitution, Congress mandated an election of delegates with the passage of an
enabling act; such as these notable examples: •
Enabling Act of 1802, for the formation of
Ohio from the
Northwest Territory •
Enabling Act of 1864, for the formation of Nevada •
Enabling Act of 1889, for the formation of
North Dakota,
South Dakota,
Montana, and
Washington • Enabling Act of 1894, for the formation of Utah •
Enabling Act of 1906 for the formation of Oklahoma from
Oklahoma Territory and
Indian Territory •
Enabling Act of 1910, for the admission of Arizona and New Mexico
Conventions Under Article Five of The United States Constitution Federal Proposal Convention Among the most enigmatic of all conventions,
Article Five of the United States Constitution provides for the calling of a
constitutional convention, more commonly known as a
Convention to propose amendments, whereby delegates are elected in equal fashion to Members of the
United States Congress, to deliberate and propose amendments to the Constitution. Under Article Five, Congress is
obligated to call such a convention when thirty-four states have formally submitted to Congress, a joint resolution known as a
state application. To date, the
Clerk of the United States House of Representatives has identified nearly two hundred of these applications. Yet, this method of proposal remains elusive and has never occurred in the history of the United States.
State Ratification Conventions Article Five also provides that Congress may choose among two modes of ratification, either by means of state legislatures or by state conventions. To date the state convention ratification mode was used by Congress just once, to ratify the
Twenty-first Amendment to the United States Constitution which ended
prohibition. As a result, many states have statutory provisions providing for the elections of delegates for future ratification conventions.
Conventions Under Article Seven of The United States Constitution The Delegates of the Philadelphia Convention chose state conventions instead of state legislatures as the bodies to consider ratification of the Constitution. They broadly believed that ratification by means of conventions would better represent the will of the People and this process "would make the new federal Constitution superior to any specific legislature." Thus the convention mode of ratification became enshrined within
Article Seven of the United States Constitution. The Constitution was eventually adopted per the provisions of Article Seven as the
Supreme Law of the Land through a
series of
Ratification Conventions that ultimately culminated on May 29, 1790, with the final ratification which was provided by the State of Rhode Island.
Controversies Confusion Between State and Federal Conventions Despite this long history of conventions in the United States dating back well before the ratification of the Constitution, confusion and controversy has emerged in recent decades. Perhaps, most prominent among them is the distinction between what constitutes a state convention and what constitutes a federal convention. Fortunately this can be determined by identification of the convening authority. A federal convention is one called and convened for the purpose of exercising a federal function under authority deriving directly from the United States Constitution. Conversely, state legislatures only exercise federal functions when they apply to Congress for a convention to propose amendments or when they call a convention to ratify a proposed amendment submitted to the states by Congress. Otherwise conventions called and convened under authority deriving directly from a state's constitution, are limited to addressing the constitutional matters of that particular state alone.
Lacunae in Statutory Law Nearly all of the
sovereign states do not yet have statutory provisions for conventions beyond their permanent legislature, state amendatory conventions , and conventions for
ratification of proposals to amend the
Constitution . There are
no state laws explicitly providing for the election of delegates for a convention to propose amendments to the Constitution. ==See also==