Constitutional Convention

“Don’t worry about the Equal Rights Amendment since we are working on a constitutional convention!”

  • A constitutional convention is called when two-thirds of the states (34 states) agree to gather and discuss a specific topic or topics. Any amendement(s) approved by constitutional convention must nonetheless be approved by the legislatures of three-fourths of the states. In other words, it doesn’t matter whether Congress or a constitutional convention proposes an amendment.  The proposed amendment, regardless of its source, must be submitted to the legislatures of the states for approval.  A constitutional convention would have no impact on the ratification process except to slow it down and waste resources.
  • The Equal Rights Amendment has already been submitted to the states for ratification, and 37 of the required 38 states needed for ratification have approved it.  Why start over again, especially when none of the states appear to have called for a constitutional convention to address equal rights?
  • Some have argued that ratification of the Equal Rights Amendment will cause a constitutional crisis because states would have to call a constitutional convention to remove the amendment from the Constitution. This argument overlooks the fact that an overwhelming percentage of Americans (94%) favor the Equal Rights Amendment.