Title: Proposed Convention Rules
Original CoS Document (slug): proposed-convention-rules-1
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Attached File: Convention_for_Proposing_Amendments_-_Proposed_Rules.pdf
Created: 2019-03-13 14:43:47
Updated: 2021-10-19 23:00:00
Published: 2019-03-13 13:43:54
Converted: 2025-04-14T19:34:15.279425496
Convention for Proposing
RULE 1.
Questions not governed by these rules shall be
governed by the latest published edition of Mason’s Manual
of Legislative Procedure, except where the rule in that
manual can be applied only to a state legislature rather than
a convention; in which case the matter shall be determined
by parliamentary common law.2
RULE 2.
Officers
(a) The officers of the convention shall consist of a president
and vice presidents, who shall be elected from among the
commissioners; and the following, who shall be elected from
among persons not commissioners: secretary, sergeant-at-
arms, parliamentarian, and assistant parliamentarian.3 All
officers shall be on oath to carry out their duties faithfully
and in accordance with lawful conduct.
(b) The temporary convention president shall be appointed
from among the commissioners from the state that was the
first to enact the application that led to the calling of this
convention. The temporary president shall be selected by
a majority vote of that state’s delegation. The temporary
president’s sole duty shall be to preside over the election of
the convention president and he or she shall be ineligible to
be the permanent president.
RULE 3.
The sergeant-at-arms is empowered, under
direction of the president, to secure the good order of the
House. Orders issued by the president to the sergeant-of-
arms shall be appealable, as in the case of other rulings of
the chair.4
RULE 4.
The members of this convention are the committees
(delegations) appointed by their respective states.5 All
votes shall be taken by states, with each state having one
vote.6 In roll call votes, states shall declare their votes in
alphabetical order.7
RULE 5.
Irrespective of how many commissioners a
Convention of States
Convention for Proposing Amendments—Proposed Rules
AMENDMENTS—PROPOSED RULES
1
state includes within its delegation, no more than five
commissioners from any one state shall be on the floor at
the same time.8
RULE 6.
A quorum to do business shall consist of the
commissioners empowered to cast the votes of not less
than 26 member states; and all questions shall be decided
by the greater number of those which be fully represented;
but a lower number than 26 may adjourn from day to day. 9
RULE 7.
The order of business shall be as follows:10
(1) call to order,
(2) roll call,
(3) invocation,
(4) pledge of allegiance,
(5) reading and approval by the clerk of
the minutes of the previous day,
(6) reports of standing committees,
(7) reports of special or select committees,
(8) special orders,
(9) unfinished business,
(10) introduction and first reading of proposals,
(11) consideration of daily calendar,
(12) announcement of committee meetings, and
(13) recess for the day (adjournment).11
RULE 8.
Every commissioner, rising to speak, shall address
the president; and while he or she shall be speaking no one
shall pass between them or read any written matter not
immediately germane to the question under consideration.12
RULE 9.
Of two commissioners rising to speak at
the same time, the president shall name the one who
shall first be heard.13
RULE 10.
A commissioner shall not speak oftener than twice,
without special leave upon the same question; and not a
second time before every other who had been silent but
Convention of States
Convention for Proposing Amendments—Proposed Rules
shall choose to speak on the subject shall have been heard.
[the commissioners from any one state committee shall not
speak oftener than ten times without special leave upon the
same question; and not more than five times before every
other who had been silent but shall choose to speak on the
subject shall have been heard.]14
RULE 11.
No commissioner shall, without leave of the
convention, speak more than 10 minutes at any one time.15
RULE 12.
A motion made and seconded, shall be repeated;
and if written, as it shall be when any member shall so
require, shall be read aloud by the secretary or transmitted
to each commissioner’s pre-designated electronic device
before it shall be debated.16 No motion, other than a
procedural motion, shall be in order unless germane to both
the subject matter specified in the state applications on
which Congress called the convention and to the subject
matter specified in the convention call.17
RULE 13.
A motion may be withdrawn at any time before
the vote upon it shall have been declared.18
RULE 14.
When a debate shall arise upon a question, no
motion, other than to amend the question, to commit it, or
to postpone the debate, shall be received.19
RULE 15.
A question that consists of one or more propositions
shall, at the request of any commissioner, be divided and
put separately as to each proposition.20
RULE 16.
No substantive question or committee
recommendation shall be decided the day on which it is
introduced or first debated, if any five states request that
the decision be postponed to another day.21
RULE 17.
A motion to reconsider a matter that has
been determined by a majority may be made, with
leave unanimously given, on the same day on which
the vote passed; but otherwise not without one
day’s previous notice; in which last case, if the House
agree to the reconsideration, the convention or, by
the convention’s leave, the president shall assign a
future day for the purpose.22
RULE 18.
A commissioner may be called to order by another
commissioner, as well as by the president, and may be
allowed to explain his or her conduct or any expressions
supposed to be reprehensible.23
RULE 19.
All questions of order shall be decided
by the president, subject to appeal to the house,
but without debate.24
RULE 20.
Upon a question to recess for the day,25 which
may be made at any time, if it be seconded, the question
shall be put without debate.26
[RULE 21.
When the convention shall recess, every
commissioner shall stand in his or her place until the
president pass.]27
RULE 22.
No commissioner shall be absent from the
convention, so as to interrupt the representation of his or
her state, without leave.28
RULE 23.
Committees—generally applicable provisions
(1) The standing committees shall include rules,
credentials, administration, fiscal restraints, federal
jurisdiction, and term limits.29 The convention may
create ad hoc committees.
(2) The membership of the rules, credentials, and
administration committees shall be elected by a plurality
vote of the states, voting by secret ballot. The membership
of ad hoc committees shall be appointed by the president,
unless the convention shall prescribe another method.30
The membership of the fiscal restraints, federal jurisdiction,
and term limits committees shall be selected by the method
designated in Rule 24.
(3) Each committee may by majority vote create
subcommittees for issues germane to the committee’s
assigned task.
(4) Committees and subcommittees shall not sit while the
convention shall be or ought to be sitting, without leave of
the convention.31
RULE 24.
Fiscal restraints, federal jurisdiction, and term
Convention of States
Convention for Proposing Amendments—Proposed Rules
limits committees.32
(1) The fiscal restraints committee, federal jurisdiction
committee, and term limits committee each has
[exclusive]33 responsibility for developing proposals within
the corresponding subject matter of the state applications
for the convention.
(2) Each of these three committees shall consist of
one member from each state delegation, selected as
determined by such delegation; provided however,
that no person shall serve on more than one of
those three committees.
(3) Any proposal approved by a subcommittee of
any of these three committees shall be referred to its
committee chairman, who shall schedule it for hearing
within five days of its referral from the subcommittee.
The committee shall vote on any proposal endorsed
by at least five committee members within 24 hours
after the hearing (weekends and holidays excluded).
Approval shall be by a simple majority of committee
members present and voting.
(4) Every proposal reported from the fiscal restraints, federal
jurisdiction, or term limits committee shall be scheduled
for debate and a vote on the floor of the convention; the
presiding officer of the convention shall have no authority
to refuse to schedule debate or a vote on any such proposal,
and no formal rule shall be required to schedule any such
proposal for debate or a vote. No motion to adjourn sine
die shall be in order so long as any such proposal remains
without a convention vote to pass, reject, or table.
NOTES
The general reasons beyond these rules are found in § 3.14 of ROBERT
G. NATELSON, STATE INITIATION OF CONSTITUTIONAL
AMENDMENTS: A GUIDE FOR LAWYERS AND LEGISLATIVE
DRAFTERS (2014) (popularly called the “Article V Compendium”—and
hereinafter “COMPENDIUM”).
1
The specific rules derive from a variety of sources (including many prior
conventions of states), but particularly from the rules adopted by the 1861
Washington Conference Convention, a general gathering of states that
proposed a constitutional amendment. Those rules were, in turn based on
previous convention experience. However, with one exception (election
of certain committee members) the secrecy rules applying in earlier
conventions have been dropped. Modern expectations are of openness.
2
For an explanation of the selection of Mason’s Manual, see
COMPENDIUM, §3.14.4. The 1850 Nashville convention designed
Jefferson’s rules for the U.S. Senate as a default source, but that seems
more dated and less familiar to most state lawmakers than Mason’s.
3
This is derived from the practice of previous interstate conventions.
The recommendation of the parliamentarian is an innovation based on a
recommendation by an experienced legislator. COMPENDIUM §3.14.3.
Some conventions have appointed assistant secretaries, but it would seem
better to allow the secretary to appoint assistants without their being
convention officers.
4
This rule follows the parliamentary common law, see COMPENDIUM
§3.4.1, but is placed here to answer questions frequently raised of how the
convention is to control internal demonstrations or disorder.
5
This is a clarification of precedent and of sometimes-confusing earlier
convention rules.
6
This follows unvarying former practice.
7
The traditional order was for states to vote in a northeast-to-southwest
order, but the current configuration of the country makes that difficult,
and the alphabetical system is more familiar to modern Americans.
8
The rule addresses the unfair and potentially unruly situation arising at
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the 1850 Nashville Convention, where Tennessee, although having only
one vote, sent 100 commissioners, more than all other states combined.
The Compendium recommends a maximum of five, which is justified
by fact that this convention will include many more states than earlier
conventions. The rules take account of the fact that some states may wish
to appoint alternate commissioners.
9
This is based, with the numbers adjusted for the larger number of states,
on the rules of the 1861 Washington Convention. See COMPENDIUM
§3.14.3.
10
This is the order in Mason’s Manual, as modified for the fact that this is a
convention not a legislative body. COMPENDIUM §3.14.5. The pledge of
allegiance has been added in this version.
11
The word “recess” to describe an adjournment from day-to-day is used in
Mason’s Manual.
12
This is based on the rules prevailing both at the 1787 Philadelphia
Convention and the 1861 Washington Convention, although modified to
take account of modern technology. COMPENDIUM §3.14.5.
13
COMPENDIUM §3.14.5
14
Id. The matter in brackets has been inserted for discussion.
15
Added to reflect modern conditions. COMPENDIUM §3.14.5.
16
Based on the Washington Convention rules, COMPENDIUM §3.14.5,
but updated for modern conditions.
17
This rule provides that a substantive motion is out of order unless
germane to the subjects in the applications and call, whichever is narrower.
Normally the subject matter of the applications and the call would be the
same. In some cases, however, some of the 34 applications that trigger a
convention on a particular subject might mention extraneous subjects. This
language makes clear that the convention is to consider only subjects on
which at least 34 applications agree, and which are therefore stated in the
call.
18
Based on the Washington Convention rules. Id
19
Based on the Washington Convention rules. Id.
20
Based on a rule of the Washington Convention. Id. The language has
been updated.
21
This is loosely based on the 1774 New York City convention usually
known as the First Continental Congress, but represents a compromise
between the need for speed and a rule that mandated delay at the request
of any delegation. Id.
22
Based on a rule of the 1787 Philadelphia Convention, with
language updated.
23
COMPENDIUM §3.14.5.
24
A proposed rule of the Washington Convention would have dispensed
with the right of appeal, but the delegates rejected that provision.
Compendium §3.14.5.
25
The word “recess” to describe an adjournment from day-to-day is used in
Mason’s Manual.
26
Based on a rule of the Washington Convention. See COMPENDIUM
§3.14.5
27
This optional rule is based on rules of the Washington and 1787
Philadelphia Conventions. Id. The rule reflects the high prestige of the
presiding officers of those conventions, General George Washington and
former President John Tyler. Other conventions have not adopted this
rule, and whether any particular convention adopts it may depend on the
identity of its own presiding officer.
28
Based on a rule of the Washington Convention, with updated language.
COMPENDIUM §3.14.5.
29
The requirement for standing committees on fiscal restraints, federal
jurisdiction, and term limits is based on the three-subject model application
of Citizens for Self-Governance’s “Convention of States” movement.
30
Both plurality elections of committees and presidential appointment
were used in prior conventions. Here, elections are reserved for the two
most important committees. The convention is free to prescribe election at
any time for other committees. Earlier convention rules refer to “ballot.”
The word “secret” is added because modern Americans may not be aware
that the term “ballot” traditionally implies secrecy. Although most of
the secrecy rules applied in older conventions have been dropped here,
secrecy may be necessary in this case to ensure an impartial choice and to
minimize hard feelings among commissioners.
31
Based on a rule of the Washington Convention and modern legislative
practice. COMPENDIUM §3.14.5.
32
This Rule was developed for a convention convened pursuant to the
three-subject “Convention of States” application. It sets forth a procedure
for proposals within those three subjects, and prevents presiding officers
from refusing to permit debate or votes on credible proposals within those
three areas.
33
Inclusion of the term exclusive would prevent the convention from
creating committees to “wire around” the three standing committees
mentioned in this section. There are obvious advantages and disadvantages
to both including and omitting the term “exclusive.”