Is it possible for the state legislatures to call a constitutional convention and amend it entirely in secret?

Question

Article V of the Constitution allows for this to occur, but is it possible without the public knowing?

Answer 1

Even without knowing the laws and rules of procedures governing all fifty state legislatures, I would have to say that it is probably unlikely.

First, the Constitution requires 34 states to ask Congress to hold a constitutional convention. It is unclear whether the request for convention has to be the same or within what time frame those requests would have to be made.

Thus, the first step would require the secret introduction of a resolution in at least 34 state legislatures. While I do not know about the rules of the legislatures in other states, I know that it is practically impossible to do that under the rules in my state.

Second, once it was introduced, all of the legislators in each of the states would need to keep the resolution a secret -- if just one blabbed the cat would be out of the bag.

Third, upon receipt of the applications, Congress would have to decide that this matter needed to be under seal and discussed in executive session only.

Fourth, Congress would have to decide on a secret method for convening the convention -- implying that the members would be by appointment not election. (As an aside here, I am not sure that an appointed "convention" would comply with the constitutional text.)

Fifth, every member of Congress would need to keep the convention a secret.

Sixth, the convention itself would need to meet and propose its revisions in secret (and all members again would need to keep the secret).

Seventh, when the amendments were sent to the states for ratification, all fifty legislatures would need to keep the discussion of the amendment a secret until it was ratified by 37 legislatures.

The tradition in this country has been that the fact of constitutional conventions has been public knowledge -- both at state and federal level. In modern times, the details of the proposals on the floor of state conventions has also been public knowledge. While the framers believed that the drafting of the constitution in secret was acceptable, they believed that once it was proposed public debate was not only appropriate but necessary.

As such, I think the odds of a secret constitutional convention of the type described in this question are non-existent.

Answer 2

confident, yet keep in mind, Congress could desire to additionally approve of any Amendments till now they could be put in the form. that's no longer basically like the states can use this to stress something on the federal government. EDIT: This became right into a very good query. i'm no longer even confident of the respond I till now gave. i think that the states can call a custom and recommend amendments. Then those amendments pass directly to the states for a vote effectively bypassing Congress.

Answer 3

With our media and the big mouths of politicians, not likely.