[EL] Using a constitutional initiative to convene a state constitutional convention in Illinois

[J.H. Snider]

You might be interested in my op-ed (Rauner's best route may be constitutional convention<http://www.sj-r.com/opinion/20151227/jh-snider-rauners-best-route-may-be-constitutional-convention>) arguing that Illinois Gov. Rauner should consider using a constitutional initiative to convene a state constitutional convention to implement his constitutional initiative agenda relating to election law.  Only four states explicitly allow the constitutional initiative to be used to call a state constitutional convention, but I believe it is an implied power in most of the other states with the constitutional initiative, albeit sometimes with notable limitations such as the restriction in Illinois on using the constitutional initiative only to amend the legislative article.

I would welcome your thoughts on the legality of this proposal, including differences in court deference toward proposals made by constitutional initiative vs. convention.  During the early 20th Century, it was widely taken for granted that the constitutional initiative could be used to call a convention.  But it seems to me that during the last half century doubts have grown, partly because lack of use and scholarly attention have led to a presumption that such a use of the initiative is illegal.  In any case, few democratic reformers seriously consider using such a democratic reform mechanism for the strictly practical reasons I outline in the op-ed.

If Gov. Rauner or good government groups in Illinois express an interest in this proposal, it might be a good opportunity for one of you to write a law review article on the legal subtleties of using a constitutional initiative to call a state constitutional convention.

Sincerely,

J.H. ("Jim") Snider, Ph.D.
President of iSolon.org<http://www.isolon.org/>
Editor of The State Constitutional Convention Clearinghouse<http://concon.isolon.org/> and The New York State Constitutional Convention Clearinghouse<http://www.newyorkconcon.info/>
E-Mail: snider at iSolon.org<mailto:snider at iSolon.org>
Phone: (202) 540-0505
Fax: (408) 228-0577

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