What Happens During a Constitutional Convention?

Introduction: America’s Most Powerful   and Most Unused   Reform Mechanism

The United States has held exactly one constitutional convention in its history: the Constitutional Convention of 1787, which produced the Constitution we still live under today. Since then, the country has grown from 13 colonies to 50 states, amended its founding document 27 times, and debated whether to hold a second convention on countless occasions.

But what would actually happen during a constitutional convention today? What do the proceedings look like? Who attends? Who controls the agenda? And what safeguards exist to ensure the process remains legitimate?

These questions matter enormously   because the movement toward an Article V convention of states is gaining momentum, and informed citizens need to understand both the potential and the limitations of this process.

PCFJE is committed to giving citizens the clearest, most accurate information available. This article walks through what a constitutional convention would look like from beginning to end.

Before the Convention Begins: Prerequisites

An Article V constitutional convention cannot simply be called at will. Before any convention convenes, two specific thresholds must be met:

1. 34 state legislatures must pass formal applications calling for a convention
2. Congress must formally call the convention (though most legal scholars believe this is mandatory once the threshold is met)

Only after both conditions are fulfilled do the logistical preparations for an actual convention begin.

Delegate Selection: Who Attends?

One of the first major questions is: who represents each state at the convention?

Article V does not specify how delegates are selected or how many each state sends. This is left to the states and (possibly) to Congress to determine.

Current Thinking on Delegate Selection

Most reform advocates and legal scholars propose:

• Each state appoints its own delegates through a process determined by state law (typically by the state legislature)
• Delegates are accountable to their state legislature, which can recall and replace them
• Each state has equal voting power at the convention   one vote per state   echoing the structure of the Senate and the original 1787 convention

The number of delegates per state could vary, but the voting unit would be the state, not individual delegates.

Delegate Accountability

Many reform proposals include provisions allowing state legislatures to:

• Issue specific instructions to delegates
• Recall delegates who violate their mandate
• Have delegate votes void if they exceed their authorized scope

These accountability mechanisms address concerns about delegates “going rogue” and exceeding the convention’s intended purpose.

Convention Procedures: How It Would Actually Work

Once convened, the convention would need to establish its own procedural rules. Key procedural questions include:

Setting the Agenda

Who determines what issues the convention addresses? Reform advocates support limited-scope conventions where the agenda is constrained to specific topics identified in the state applications. For example, a convention called specifically for term limits would only address term limits.

However, there is no definitive legal precedent establishing that a convention can be legally bound to a specific agenda. This is one of the central uncertainties in Article V scholarship.

Voting Rules

How will votes be taken   by state (one state, one vote) or by individual delegates? Most proposals favor state-by-state voting, ensuring that large and small states have equal say.

Transparency and Public Access

Would convention proceedings be open to the public? The 1787 convention was held in complete secrecy   a decision that allowed frank discussion but that would be politically unacceptable today. Any modern convention would almost certainly face intense media scrutiny and public demand for transparency.

Duration

How long would the convention last? Depending on the complexity of issues being addressed, a modern convention could last from days to several months.

Proposing Amendments: What Comes Out of the Convention?

The purpose of the convention is to propose constitutional amendments. This is not a ratification body   it is a proposing body.

Amendments proposed at the convention would then need to be:

1. Formally adopted by the convention (by whatever voting rules are established)
2. Transmitted to Congress
3. Ratified by 38 of 50 states before taking effect

The convention itself has no power to enact law. Its output is a proposal   one that must survive the demanding ratification process before becoming constitutional reality.

The Runaway Convention Concern: Real or Overblown?

Critics of the Article V convention process often raise the specter of a “runaway convention”   one that exceeds its mandate and proposes sweeping, unexpected changes to the Constitution.

The Historical Precedent

The 1787 convention was itself, in some ways, a runaway. Delegates were sent to amend the Articles of Confederation   and instead produced an entirely new constitution. This historical example understandably makes some observers nervous.

Why the Modern Risk Is Lower

Several factors make a runaway convention significantly less likely today:

1. Ratification barrier: 38 states must ratify any proposed amendment. Even a “runaway” convention cannot change the Constitution without overwhelming consensus among the states.
2. State accountability: Modern delegates would be appointees of state legislatures   accountable, recallable, and subject to instruction. The 1787 delegates were not similarly constrained.
3. Public scrutiny: A 21st-century convention would operate under intense media and public attention. Radical proposals would face immediate and powerful pushback.
4. Political reality: Proposals that lack broad support simply cannot achieve the 38-state ratification threshold. There is no path for extreme ideas to become constitutional law through this process.

Historical Comparison: The 1787 Convention

Understanding the original Constitutional Convention provides helpful context:

• Location: Philadelphia, Pennsylvania, Independence Hall
• Attendees: 55 delegates from 12 states (Rhode Island refused to send delegates)
• Duration: May 25 to September 17, 1787   nearly four months
• Original mandate: Revise the Articles of Confederation
• Actual outcome: A completely new Constitution
• Ratification process: Special ratifying conventions in each state (not state legislatures) were used

The 1787 convention was extraordinary by any standard. A modern Article V convention would operate in a very different legal, political, and institutional environment   with far more constraints and accountability mechanisms.

What PCFJE Wants from a Constitutional Convention

PCFJE advocates for a constitutional convention focused on:

• Strengthening civil liberties protections to close gaps in existing constitutional law
• Limiting government overreach through structural reforms that define and enforce limits on federal and state power
• Ensuring equal protection is meaningfully enforced rather than nominally guaranteed
• Protecting due process rights against administrative and legislative erosion

These are mainstream constitutional values   not radical departures from the American tradition.

Frequently Asked Questions (FAQs)

Q: Would a constitutional convention replace the existing Constitution? A: No. An Article V convention proposes amendments to the existing Constitution. Any proposals must be ratified by 38 states. The existing Constitution would remain in force throughout and after the process.

Q: Who pays for a constitutional convention? A: The costs would likely be shared between the federal government and the states. Congress would presumably appropriate funds as part of calling the convention.

Q: Could the Supreme Court intervene in convention proceedings? A: Courts have generally treated Article V issues as “political questions” not subject to judicial review. The Supreme Court would likely decline to intervene in the substance of convention proceedings.

Q: How would the media cover a constitutional convention? A: A modern constitutional convention would be one of the most significant political events in decades. Every major news organization in the country   and the world   would provide extensive coverage.

Conclusion: Preparation Meets Opportunity

A constitutional convention of states is not a fantasy   it is a constitutional reality waiting to be activated. But activating it responsibly requires exactly what PCFJE is building: an educated citizenry, organized state-level coalitions, and clear, principled goals for what a convention should accomplish.

The Founders gave us this tool. Using it wisely is our responsibility.

Be informed. Be organized. Be part of the movement.

Join PCFJE and help build the foundation for constitutional reform.