May
6, 2008
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2008-R-0296
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CONNECTICUT
CONSTITUTIONAL CONVENTIONS
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By: Meghan Reilly,
Legislative Fellow
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You
asked about the history of constitutional conventions in Connecticut and the process involved in
undertaking and conducting a convention.
SUMMARY
State
legislatures have the power to call constitutional conventions even when
authority is not specifically granted by the state constitution. In Connecticut, the General
Assembly called the first constitutional convention in 1818, but it was not
until the 1965 constitutional convention that the process for calling a
convention was set in law.
Today,
a constitutional convention can be called by a vote of two-thirds of each house
of the General Assembly at least 10 years after the last convention. Alternatively,
the General Assembly must call a convention when a majority of voters approve a
general election ballot question posed at least 20 years after the last
convention or ballot question. The General Assembly is responsible for choosing
the membership and dates for a convention. Proposed amendments or revisions
must be submitted to the electors within two months of the convention's final
adjournment.
HISTORY
OF CONSTITUTIONAL CONVENTIONS
Historically,
state legislatures have had the power to call a constitutional convention even
if the state constitution does not provide for one, or they may submit to the
people the question of calling a convention (16 C. J. S. Constitutional Law §
29).
The
first constitutional convention in Connecticut,
called by the legislature, was held in 1818. The convention was not open to the
public, and the official Journal of the Constitutional Convention of Connecticut,
Held at Hartford
in 1818 (1873) provides only brief minutes and voting records. Reports from The
Connecticut Currant (later The Hartford Courant)
and The Connecticut Journal (later The New
Haven Register) include details about the debates and the results of the
roll call votes. The 1818 convention yielded the Constitution of 1818, which
replaced the Fundamental Orders of 1639 and introduced a new mode of
governance, including a Declaration of Rights that limited the role of the
state in religion (Paula G. Shakelton, Remembering
What Cannot Be Forgotten, 52 Emory L. J. 997 (Spring 2003), Wesley Horton,
Annotated Debates of the 1818 Constitutional Convention, 65 Conn. B. J. SI-3
(1991)).
In
1902, another constitutional convention met to discuss reapportionment, but the
proposal was rejected (http: //www. cslib. org/cts4ch. htm).
In
1965, a constitutional convention was convened, focusing on its mandate:
reapportionment. A 1964 U. S. Supreme Court case had established the “one
person, one vote” principle, and a federal district court orderd
a convention in Connecticut to revise the districting plan for the General
Assembly (Reynolds v. Sims, 377 U. S. 533; Butterworth v. Dempsey,
237 F. Supp. 302 (D. Conn. ), affirmed, 378 U. S. 564 (1964)). Beyond
that, the convention fine-tuned the 1818 Constitution. References to
Christianity were eliminated; a broader equal protection clause was added; the
Supreme Court of Errors became the Supreme Court; the governor was given
revised veto powers; a section on free public education was added; and Article
13, a provision establishing the process for future constitutional conventions,
was added.
UNDERTAKING
AND CONDUCTING CONVENTIONS
On
a roll call vote, with support of two-thirds of the total membership of each
house, the General Assembly may call a constitutional convention to amend the
state constitution at least 10 years after the date of a prior convention
(Conn. Const. Art. 13, § 1).
A
convention must be held if approved by voters pursuant to a ballot question
that must appear at specified times. Voters are asked, “Shall there be a
Constitutional Convention to amend or revise the Constitution of the State?” at
the general election in the even-numbered year at least 20 years from the date
of the last convention or the last date that question appeared on the ballot, whichever
date is most recent. If a majority of voters voting on the question approves
the measure, the General Assembly follows the constitutional process for
convening the convention (Conn.
Const. Art. 13, § 2).
With
a favorable vote of at least two-thirds of the total membership of each house,
the General Assembly then stipulates the (1) manner of selecting the
convention's membership; (2) date of convening, which must be within one year
from the date of the roll call vote or general election; and (3) date of its
final adjournment (Conn. Const. Art. 13, § 3).
The
convention's proposals to amend or revise the constitution must be submitted to
all the electors of the state by two months after its final adjournment. If a
majority of the voters voting on the question approves the proposal, it becomes
part of the constitution, taking effect 30 days after the vote, unless
otherwise provided (Conn. Const. Art. 13, § 4).