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1 Hofstra L. & Pol'y Symp. 53 (1996)
Constitutional Conventionphobia

handle is hein.journals/hlps1 and id is 59 raw text is: Constitutional Conventionphobia

Gerald Benjamin* and Thomas Gais**
I. CONVENTIONPHOBIA AT THE NATIONAL LEVEL
II. THE NATIONAL ARGUMENT
A. UNCHARTED TERRITORY
B. THE SACRED SYMBOL
C. INAPPROPRIATE INSTRUMENTS FOR CHANGE
III. CONVENTIONS AND AMENDMENT IN THE STATES
A. No SYMBOLS HERE
B. PRACTICE, PRACTICE
C. EASE OF AMENDMENT
1. Through the Legislature
2. The Constitutional Initiative
3. Ratification
D. THE SUBSTANCE
IV. EMERGING CONVENTIONPHOBIA AT THE STATE LEVEL
V. THE CONSEQUENCE OF CONVENTIONPHOBIA IN THE STATES
* Gerald Benjamin is Interim Dean of the College of Arts and Sciences at SUNY, New Paltz.
He formerly served as Director of the Center for New York State and Local Government Studies of
the Nelson A. Rockefeller Institute of Government of the State University of New York, where he
remains a senior advisor. Benjamin has written widely on state and local government and directed
research for the New York State Commission on Constitutional Revision (1993-1995).
** Thomas Gais is a Senior Fellow at the Rockefeller Institute. He is writing a book on
campaign finance laws in the states (with Michael Malbin), and he is author of Improper Influence:
Campaign Finance Law, Political Interest Groups, and the Problem of Equality (Ann Arbor:
University of Michigan Press, 1996).

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