Convention (meeting)

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Metro Toronto Convention Centre, late 2004. Nm toronto metro toronto convention centre.jpg
Metro Toronto Convention Centre, late 2004.
Wikimania 2006: Photo of some participants during the lunch break. Wikimania is an international conference of users of Wikipedia and other projects operated by the Wikimedia Foundation, which has been held annually since 2005. WM2006 0018.jpg
Wikimania 2006: Photo of some participants during the lunch break. Wikimania is an international conference of users of Wikipedia and other projects operated by the Wikimedia Foundation, which has been held annually since 2005.
Lecture during the summer meeting of the Association of North German Surgeons in the Mecklenburg-Western Pomerania State Parliament building. NDCH Schwerin.jpg
Lecture during the summer meeting of the Association of North German Surgeons in the Mecklenburg-Western Pomerania State Parliament building.

A convention (or event), in the sense of a meeting, is a gathering of individuals who meet at an arranged place and time in order to discuss or engage in some common interest. The most common conventions are based upon industry, profession, and fandom. Trade conventions typically focus on a particular industry or industry segment, and feature keynote speakers, vendor displays, and other information and activities of interest to the event organizers and attendees. Professional conventions focus on issues of concern along with advancements related to the profession. Such conventions are generally organized by societies or communities dedicated to promotion of the topic of interest. Fan conventions usually feature displays, shows, and sales based on pop culture and guest celebrities. Science fiction conventions traditionally partake of the nature of both professional conventions and fan conventions, with the balance varying from one to another. Conventions also exist for various hobbies, such as gaming or model railroads.

Contents

Conventions are often planned and coordinated, often in exacting detail, by professional meeting and convention planners, either by staff of the convention's hosting company or by outside specialists. Most large cities will have a convention center dedicated to hosting such events. The term MICE (Meetings, Incentives, Conferencing, Exhibitions) is widely used in Asia as a description of the industry. The Convention ("C") is one of the most dynamic elements in the M.I.C.E. segment. The industry is generally regulated under the tourism sector.

In the technical sense, a convention is a meeting of delegates or representatives. [1] The 1947 Newfoundland National Convention is a classic example of a state-sponsored political convention. More often, organizations made up of smaller units, chapters, or lodges, such as labor unions, honorary societies, and fraternities and sororities, meet as a whole in convention by sending delegates of the units to deliberate on the organization's common issues. [2] This also applies to a political convention, though in modern times the common issues are limited to selecting a party candidate or party chairman. In this technical sense, a congress, when it consists of representatives, is a convention. The British House of Commons is a convention, as are most other houses of a modern representative legislature. The National Convention or just "Convention" in France comprised the constitutional and legislative assembly which sat from September 20, 1792, to October 26, 1795. The governing bodies of religious groups may also be called conventions, such as the General Convention of the Episcopal Church USA and the Southern Baptist Convention.

In the United States

Conventions in general enjoy a long history and rich tradition within the United States due in part to their epistemic, moral, and transformative nature. [3] So much so that they have been stitched into the fabric of American government. There is an abundance of case law[ citation needed ], historical precedent, examples of congressional intent[ citation needed ], 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.[ citation needed ] 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. [4] 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. [5] The convention ended with a resolution by Alexander Hamilton calling for a convention to amend the Articles of Confederation. [6] Following Hamilton's suggestion, the Confederate Congress called a convention “to render the constitution … adequate to the exigencies of the Union.” [7] 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. [8] These early conventions argued for the abolition of slavery, equal educational opportunities, land reform, and the merits of emigration out of the United States. [9]

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.[ citation needed ] Since ratification however, it has become widely understood that the Constitution recognizes the authority of states and state legislatures to appoint commissioners to these type of conventions,.[ citation needed ] 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.[ citation needed ] In each and everyone of these convention, delegates were elected to the Convention.[ citation needed ]

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 [10] 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. [ citation needed ] 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:

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. [12] 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." [13] 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. [14]

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 [15] 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 [ citation needed ], and conventions for ratification of proposals to amend the Constitution [ citation needed ]. There are no state laws explicitly providing for the election of delegates for a convention to propose amendments to the Constitution.

See also

Related Research Articles

<span class="mw-page-title-main">Articles of Confederation</span> First constitution of the United States of America (1781–1789)

The Articles of Confederation and Perpetual Union was an agreement among the 13 states of the United States, formerly the Thirteen Colonies, that served as the nation's first frame of government. It was debated by the Second Continental Congress at Independence Hall in Philadelphia between July 1776 and November 1777, and finalized by the Congress on November 15, 1777. It came into force on March 1, 1781, after being ratified by all 13 colonial states. A guiding principle of the Articles was the establishment and preservation of the independence and sovereignty of the states. The Articles consciously established a weak central government, affording it only those powers the former colonies had recognized as belonging to king and parliament. The document provided clearly written rules for how the states' league of friendship, known as the Perpetual Union, would be organized.

<span class="mw-page-title-main">Constitution of the United States</span> Supreme law of the United States since 1789

The Constitution of the United States is the supreme law of the United States. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally including seven articles, the Constitution delineates the national frame and constrains the powers of the federal government. The Constitution's first three articles embody the doctrine of the separation of powers, in which the federal government is divided into three branches: the legislative, consisting of the bicameral Congress ; the executive, consisting of the president and subordinate officers ; and the judicial, consisting of the Supreme Court and other federal courts. Article IV, Article V, and Article VI embody concepts of federalism, describing the rights and responsibilities of state governments, the states in relationship to the federal government, and the shared process of constitutional amendment. Article VII establishes the procedure subsequently used by the 13 states to ratify it. The Constitution of the United States is the oldest and longest-standing written and codified national constitution in force in the world.

<span class="mw-page-title-main">Continental Congress</span> Convention of delegates that became the governing body of the United States (1774–1789)

The Continental Congress was a series of legislative bodies, with some executive function, for the Thirteen Colonies of Great Britain in North America, and the newly declared United States before, during, and after the American Revolutionary War. The Continental Congress refers to both the First and Second Congresses of 1774–1781 and at the time, also described the Congress of the Confederation of 1781–1789. The Confederation Congress operated as the first federal government until being replaced following ratification of the U.S. Constitution. Until 1785, the Congress met predominantly at what is today Independence Hall in Philadelphia, though it was relocated temporarily on several occasions during the Revolutionary War and the fall of Philadelphia.

A constitutional amendment is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. Conversely, they can be appended to the constitution as supplemental additions, thus changing the frame of government without altering the existing text of the document.

<span class="mw-page-title-main">Constituent assembly</span> Body of representatives convened to draft or adopt a new constitution

A constituent assembly is a body assembled for the purpose of drafting or revising a constitution. Members of a constituent assembly may be elected by popular vote, drawn by sortition, appointed, or some combination of these methods. Assemblies are typically considered distinct from a regular legislature, although members of the legislature may compose a significant number or all of its members. As the fundamental document constituting a state, a constitution cannot normally be modified or amended by the state's normal legislative procedures in some jurisdictions; instead a constitutional convention or a constituent assembly, the rules for which are normally laid down in the constitution, must be set up. A constituent assembly is usually set up for its specific purpose, which it carries out in a relatively short time, after which the assembly is dissolved. A constituent assembly is a form of representative democracy.

Ratification is a principal's legal confirmation of an act of its agent. In international law, ratification is the process by which a state declares its consent to be bound to a treaty. In the case of bilateral treaties, ratification is usually accomplished by exchanging the requisite instruments, and in the case of multilateral treaties, the usual procedure is for the depositary to collect the ratifications of all states, keeping all parties informed of the situation.

<span class="mw-page-title-main">History of the United States Constitution</span>

The United States Constitution has served as the supreme law of the United States since taking effect in 1789. The document was written at the 1787 Philadelphia Convention and was ratified through a series of state conventions held in 1787 and 1788. Since 1789, the Constitution has been amended twenty-seven times; particularly important amendments include the ten amendments of the United States Bill of Rights and the three Reconstruction Amendments.

<span class="mw-page-title-main">Corwin Amendment</span> Proposed US constitutional amendment to protect slavery from federal power

The Corwin Amendment is a proposed amendment to the United States Constitution that has never been adopted, but owing to the absence of a ratification deadline, could still be adopted by the state legislatures. It would shield slavery within the states from the federal constitutional amendment process and from abolition or interference by Congress. Although the Corwin Amendment does not explicitly use the word slavery, it was designed specifically to protect slavery from federal power. The outgoing 36th United States Congress proposed the Corwin Amendment on March 2, 1861, shortly before the outbreak of the American Civil War, with the intent of preventing that war and preserving the Union. It passed Congress but was not ratified by the requisite number of state legislatures.

<span class="mw-page-title-main">Daniel Carroll</span> American politician, signed US Constitution (1730–1796)

Daniel Carroll was an American politician and plantation owner from Maryland and one of the Founding Fathers of the United States. He supported the American Revolution, served in the Confederation Congress, was a delegate to the Philadelphia Convention of 1787 which penned the Constitution of the United States, and was a U.S. Representative in the First Congress. Carroll was one of five men to sign both the Articles of Confederation and the Constitution. He was one of the few Roman Catholics among the Founders.

A supermajority is a requirement for a proposal to gain a specified level of support which is greater than the threshold of more than one-half used for a simple majority. Supermajority rules in a democracy can help to prevent a majority from eroding fundamental rights of a minority, but they can also hamper efforts to respond to problems and encourage corrupt compromises at times when action is taken. Changes to constitutions, especially those with entrenched clauses, commonly require supermajority support in a legislature. Parliamentary procedure requires that any action of a deliberative assembly that may alter the rights of a minority have a supermajority requirement, such as a two-thirds vote. In consensus democracy the supermajority rule is applied in most cases.

<span class="mw-page-title-main">Constitutional Convention (United States)</span> 1787 meeting of U.S. state delegates

The Constitutional Convention took place in Philadelphia from May 25 to September 17, 1787. Although the convention was intended to revise the league of states and first system of government under the Articles of Confederation, the intention from the outset of many of its proponents, chief among them James Madison of Virginia and Alexander Hamilton of New York, was to create a new Frame of Government rather than fix the existing one. The delegates elected George Washington of Virginia, former commanding general of the Continental Army in the late American Revolutionary War (1775–1783) and proponent of a stronger national government, to become President of the convention. The result of the convention was the creation of the Constitution of the United States, placing the Convention among the most significant events in American history.

<span class="mw-page-title-main">Minnesota Constitution</span>

The Constitution of the State of Minnesota was initially approved by the residents of Minnesota Territory in a special election held on October 13, 1857, and was ratified by the United States Senate on May 11, 1858, marking the admittance of Minnesota to the Union. Nearly 120 amendments have been approved, with perhaps the most significant being a reorganization in 1974 to simplify the document, making it easier for modern readers to comprehend and reducing the extensive verbiage. It is believed that the constitution was amended twice prior to ratification.

A convention to propose amendments to the United States Constitution, also referred to as an Article V Convention, state convention, or amendatory convention is one of two methods authorized by Article Five of the United States Constitution whereby amendments to the United States Constitution may be proposed: on the Application of two thirds of the State legislatures the Congress shall call a convention for proposing amendments, which become law only after ratification by three-fourths of the states. The Article V convention method has never been used; but 33 amendments have been proposed by the other method, a two-thirds vote in both houses of Congress; and 27 of these have been ratified by three-fourths of the States. Although there has never been a federal constitutional convention since the original one, at the state level more than 230 constitutional conventions have assembled in the United States.

State ratifying conventions are one of the two methods established by Article V of the United States Constitution for ratifying proposed constitutional amendments. The only amendment that has been ratified through this method thus far is the 21st Amendment in 1933.

<span class="mw-page-title-main">Congress of the Confederation</span> Governing body of the United States from 1781 to 1789

The Congress of the Confederation, or the Confederation Congress, formally referred to as the United States in Congress Assembled, was the governing body of the United States from March 1, 1781, until March 3, 1789, during the Confederation period. A unicameral body with legislative and executive function, it was composed of delegates appointed by the legislatures of the several states. Each state delegation had one vote. The Congress was created by the Articles of Confederation and Perpetual Union upon its ratification in 1781, formally replacing the Second Continental Congress.

<span class="mw-page-title-main">Virginia Ratifying Convention</span> 1788 Convention ratifying the U.S. Constitution

The Virginia Ratifying Convention was a convention of 168 delegates from Virginia who met in 1788 to ratify or reject the United States Constitution, which had been drafted at the Philadelphia Convention the previous year.

<span class="mw-page-title-main">Timeline of drafting and ratification of the United States Constitution</span>

The drafting of the Constitution of the United States began on May 25, 1787, when the Constitutional Convention met for the first time with a quorum at the Pennsylvania State House in Philadelphia, Pennsylvania to revise the Articles of Confederation. It ended on September 17, 1787, the day the Frame of Government drafted by the convention's delegates to replace the Articles was adopted and signed. The ratification process for the Constitution began that day, and ended when the final state, Rhode Island, ratified it on May 29, 1790.

<span class="mw-page-title-main">Mount Vernon Conference</span> Meeting of Virginia and Maryland delegates, March 21–28, 1785

The Mount Vernon Conference was a meeting of delegates from Virginia and Maryland held March 21–28, 1785, to discuss navigational rights in the states' common waterways. On March 28, 1785, the group drew up a thirteen-point proposal to govern the rights of both states on the Potomac River, Pocomoke River, and Chesapeake Bay. Known as the Mount Vernon Compact and formally titled as the Compact of 1785, this agreement not only covered tidewater navigation but also extended to issues such as toll duties, commerce regulations, fishing rights, and debt collection. Ratified by the legislature of both states, the compact helped set a precedent for later meetings between states for discussions into areas of mutual concern.

The calling of a Second Constitutional Convention of the United States is a proposal made by some academics and activists from across the political spectrum for the purpose of making substantive reforms to the federal government of the United States by rewriting the U.S. Constitution.

References

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