State ratifying conventions

To some extent, the convention method of ratification loosely approximates a one-state, one-vote national referendum on a specific proposed federal constitutional amendment, thus allowing the sentiments of registered voters to be somewhat more directly felt on highly sensitive issues.

The theory is that the delegates of the conventions—who presumably would themselves be average citizens—might be less likely to bow to political pressure to accept or to reject a given amendment than would be the case with state legislators.

This conflict over the interpretation of the word "legislature" creates potential constitutional questions over the role that popular referendums could play in state ratifying conventions.

New Mexico law provides that the members of its legislature would themselves be the delegates and form such a ratifying convention—if Congress were to again select that particular method of ratification.

As early as the 1930s, state lawmakers enacted laws to prepare for the possibility of Congress specifying the convention method of ratification.

Many laws refer to a one-off event, with an ad-hoc convention convened solely for the purposes of the 21st Amendment.

The legislators assemble in the chamber of the New Mexico House of Representatives in a meeting presided over by the lieutenant governor.

The convention meets in the Vermont Senate chamber in Montpelier, and a majority of the elected delegates are a quorum.