We the People Amending the Constitution and the Article V Project
Dec 4, 2025
Gerard Magliocca, a constitutional law scholar, discusses the historical context of constitutional conventions. He is joined by Michael Rappaport, who supports limited conventions to ensure structured amendment processes. Stephen Sachs raises concerns about the constitutionality of such conventions, referencing the 11th Amendment. Sanford Levinson advocates for a new constitutional convention to address urgent governance issues. Together, they explore the complexities and potential reforms surrounding Article V, emphasizing the need for popular sovereignty and clearer amendment processes.
AI Snips
Chapters
Books
Transcript
Episode notes
Why Runaway Convention Fears Persist
- Constitutional conventions are rare but feared because the 1787 convention exceeded its mandate and set a precedent.
- Gerard Magliocca argues practical constraints like transparency, elections, and ratification make future runaway conventions unlikely.
Replace The Convention Route To Avoid Congress' Veto
- Do pursue a formal amendment to replace the convention method if you want to remove Congress's veto over amendments.
- Michael Rappaport recommends state-led, precisely worded proposals and a national ratification mechanism to avoid runaway conventions.
1787 Convention Framed As A Revolutionary Act
- Michael Rappaport calls the Philadelphia Convention 'illegal' because it violated the Articles of Confederation rules.
- He compares any modern runaway convention to a revolutionary act that would likewise be unauthorized by existing law.
