If Florida's state legislature calls for a constitutional convention must the voters approve of calling the convention?

Answer 1

Yes and No. A Constitutional Convention, as defined by Article V of the U.S. Constitution, involves the legislatures of two thirds of the states calling for the Convention, as representatives of the people. The Convention maintains a republican-federalist quality, not direct democracy involving the sovereign.

However, one of the grievous defects of the constitution is the functional impossibility of amending the Constitution with regard to anything truly significant. Interestingly, Sanford Levinson argues that "the strictures (and structures) of Article V are limits on the agents of the people rather than on the general citizenry itself (or ourselves)." We should assert the sovereignty announced in the Preamble to "ordain and establish" a constitution -- which would be a "Yes" to your question.

Note the precedence from the framers ignoring Rhode Island and Article XIII, and establishing that a new convention could legitimately "declare that its handiwork would be binding if ratified in a national referendum where each voter had equal power."

Good Constitutional critiques include, Sanford Levinson's Our Undemocratic Constitution: Where the Constitution Goes Wrong (And How We the People Can Correct It) (2008) and Robert Dahl's How Democratic is the American Constitution (2003).

Go Vermont! Freedom & Unity!

Answer 2

With regards to the Florida Constitution, the short answer is no. There is no means for the Florida legislature to call for a constitutional convention. A constitutional convention can only be called by the people IAW Article IX Section 7.4 of the Florida Constitution (revised 1968). The Florida legislature may directly amend the Constitution by a three-fifths vote of approval of each house.

With regards to the US Constitution, each State's legislative body is authorized to call for a constitutional convention to amend the US Constitution. If two-thirds of the legislatures agree, the convention may be convened. There is no method for the people of a State to call for a convention to amend the US Constitution unless a State legislative body uses a binding public referendum as the means to poll the public on the topic.

Answer 3

At one time Thomas Jefferson is said to have suggested that a Constitutional Convention be held every 20 years. The reasoning was that any changes in the USA that might warrant revising the US Constitution could be addressed.

The date of this quote is difficult to determine. What can be said is that within the document itself, the US Constitution, provides for a method of changing it. The amendment process is one such method and was used to outlaw slavery.

Thus for all practical purposes the so-called 20 year review is unnecessary.

Answer 4

The grammar in that question is killing me.

But the answer is usually yes.

Although, the government probably messes with the votes so it doesn't really matter.

Answer 5

the House of Representatives