Simone Lawson
Delegates are individuals chosen to represent their voting precinct at their annual state or county party conventions. They are elected during state party caucuses and nominating conventions in the spring of the presidential election years. The process of choosing delegates to vote on amendments can vary, and there are some uncertainties regarding the procedures. Article V of the U.S. Constitution outlines two methods for proposing amendments, one involving Congress and the other a constitutional convention. The role of delegates is crucial in the process of voting on amendments, but the specific rules and procedures can be complex and subject to interpretation.
| Characteristics | Values |
|---|---|
| Who chooses the delegates? | State legislatures or Congress |
| How often are delegates chosen? | Every two years |
| Who do delegates represent? | Their voting precinct at their annual state or county party conventions |
| Where do delegates meet? | Party conventions, state conventions, county conventions, state party caucuses, and nominating conventions |
| What do delegates vote on? | Party candidates, party officials, party rules, political platforms, and amendments to the State Party Platform |
| How long do delegates serve? | Two-year terms |
| What are the requirements to be a delegate? | Age, citizenship, and residency requirements vary by state |
| Can delegates be recalled or replaced? | It is unclear if delegates can be recalled or replaced |
| How are amendments proposed? | By Congress with a two-thirds majority vote in both the House and the Senate, or by a constitutional convention called for by two-thirds of state legislatures |
| How are amendments ratified? | By three-fourths of state legislatures |
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What You'll Learn
Who can select the delegates?
The process of selecting delegates to vote on amendments can vary depending on the context and the specific rules governing the amendment process. In the United States, the process of amending the Constitution is outlined in Article V of the Constitution, which describes two methods for proposing amendments.
The first method involves Congress proposing an amendment with a two-thirds majority in both the House and the Senate. In this case, it is not entirely clear who has the authority to select the delegates. While some suggest that state legislatures may have the power to select delegates, it is uncertain whether they could constrain their convention delegates or control their actions. Congress may also play a role in selecting delegates, but the specific procedures can vary.
The second method involves two-thirds of state legislatures (34 out of 50) instructing Congress to call for a constitutional convention for proposing amendments. In this case, the states may have more direct control over the selection of delegates. However, the rules and procedures can vary, and there may be differences in representation and voting processes.
Historically, there have been instances where delegates were selected by state legislatures or where states directly controlled their delegates. For example, during the 1787 Convention, two of New York's delegates walked out in protest, as the state legislature had created a rule requiring both delegates to agree to cast a vote. In other cases, delegates have been sent with specific instructions from their constituents, such as in the New Hampshire Convention to ratify the U.S. Constitution.
Overall, the selection of delegates to vote on amendments can involve a complex interplay between Congress and state legislatures, with varying degrees of control and representation depending on the specific amendment process being followed.
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Can delegates be replaced?
The question of whether delegates can be replaced is a complex one, and the answer may vary depending on the specific context and applicable laws or rules.
In the context of the United States political system, delegates are typically chosen through a process involving state primaries, caucuses, local party conventions, or by virtue of their positions as elected representatives or party leaders. The number of delegates allocated to each state is determined by various factors, including the state's popular vote for the party's nominee in previous elections, the state's electoral votes, and the timing of the state's primary.
In some cases, delegates may be "pledged" or "bound" to a particular candidate, indicating an understanding or expectation that they will support that candidate. However, it is important to note that pledged delegates are usually not legally bound to vote for a specific candidate. As a result, candidates may periodically review the list of delegates and remove those they believe may not be supportive. This dynamic was evident in the 1980 Democratic National Convention, where then-President Jimmy Carter replaced delegates who were initially pledged to him but later expressed support for another candidate, Sen. Edward Kennedy.
The situation becomes more nuanced when considering the replacement of delegates at the national convention. While delegates are generally expected to reflect the sentiments of those who elected them, they are not always bound to a particular candidate. State laws and party rules govern the voting process at the national convention, including whether delegates remain committed to a withdrawn candidate and the extent of their commitment. Additionally, both the Democratic and Republican parties have superdelegates or unbound delegates who are free to vote for any candidate of their choice.
In the context of replacing a presidential nominee, the process is governed by state laws and party rules. A presumptive nominee, or a candidate with a majority of delegate support, could potentially be replaced at the convention. Delegates have the agency to vote for a different candidate than the one they were initially associated with at the time of their state's election.
It is worth noting that the authority of state legislatures or other bodies to replace delegates is not entirely clear-cut. While state legislatures may select delegates, their degree of control over their actions is uncertain, and there is a possibility that Congress could override their decisions.
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How is voting allocated?
Voting allocation is a complex and nuanced process, with several factors influencing how delegates are chosen to vote on amendments. Firstly, it's important to understand the role of delegates. Delegates are individuals chosen to represent their voting precincts at state or county party conventions. They play a crucial role in voting on a party's candidate for primary and general elections. National delegates, for instance, are elected during state party caucuses and nominating conventions in presidential election years.
The process of allocating votes can vary depending on the specific context and level, whether it's at the state or national level. At the state level, delegates are typically chosen by state legislatures or through a caucus or convention process. Each state may have its own unique procedures for selecting delegates, which can include elections or appointments. For example, in Utah, national delegates include three state delegates from each congressional district, plus at-large members.
At the national level, the process becomes more intricate. The United States Constitution, specifically Article V, outlines two methods for amending it. The first method involves Congress proposing an amendment with two-thirds support in both the House and the Senate. This is followed by ratification by three-fourths of the state legislatures (38 out of 50 states). This process has been used for all 27 amendments to the Constitution so far. The second method allows two-thirds of state legislatures (34 out of 50) to call for a constitutional convention to propose amendments.
During a constitutional convention, the allocation of voting rights to delegates becomes crucial. There are questions about whether each state should be represented equally or proportionally based on population. However, no clear rules govern this aspect, leaving room for interpretation. Additionally, it is uncertain whether state legislatures have the authority to select delegates or control their actions.
The voting process itself can vary depending on the amendment being proposed. In some cases, a simple majority vote may be sufficient, while in other cases, a supermajority (more than a simple majority) may be required. For instance, in the case of impeachments, a two-thirds vote of the Senators present is necessary to remove an impeached person.
In conclusion, the allocation of voting rights to delegates during the amendment process can be complex and depends on various factors, including the level of government, the specific procedures outlined in the Constitution, and the degree of control exerted by state legislatures over their delegates. While delegates play a fundamental role in representing their constituents and shaping the direction of their parties, the intricacies of voting allocation can vary across different contexts.
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What triggers an amendment proposal?
The process of amending the US Constitution is outlined in Article V of the Constitution. This article establishes two methods for proposing amendments.
The first method, which has been used for all 27 amendments to the Constitution, involves Congress proposing an amendment with a two-thirds majority vote in both the House of Representatives and the Senate. Once an amendment is proposed in this way, it is sent to the states for ratification. The second method, which has never been used, allows two-thirds of state legislatures to call for a constitutional convention to propose amendments.
In both methods, an amendment becomes part of the Constitution once it is ratified by three-fourths of the states (38 out of 50). This process is administered by the Archivist of the United States, who sends the proposed amendment to the states and receives the ratification documents.
The specific procedures for proposing and ratifying amendments are not detailed in Article V, and there are several uncertainties regarding the role of delegates in this process. For example, it is unclear whether state legislatures have the authority to select and control the actions of delegates, or whether Congress can limit the convention to a pre-assigned topic.
The process of proposing an amendment can be triggered by a variety of factors, such as a perceived need for change or a response to a national movement. For instance, there have been instances where petitions by two-thirds of the states have almost triggered a response by Congress, indicating that an authentic national movement can influence the proposal of an amendment. Additionally, the Supreme Court's decision in Citizens United v. Federal Election Commission may trigger liberals to propose an amendment to overturn the decision and address related issues.
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What is the role of the Archivist?
An archivist is an information professional who assesses, collects, organises, preserves, maintains control over, and provides access to records and archives deemed to have long-term value. Archivists work for a variety of organisations, including government agencies, local authorities, museums, hospitals, universities, national parks, and historic sites. They also work on the collections of large families or individuals.
Archivists deal primarily with unpublished media, such as letters, diaries, logs, other personal documents, government documents, sound or picture recordings, digital files, and other physical objects. They help develop and write collection development policies for their institutions, dictating what their repository does and does not collect. They accession the materials they collect, establishing intellectual and physical control. They process (arrange and describe) the materials so that they are accessible to the public. They also preserve materials by ensuring proper storage and performing conservation to recover damaged items.
Archivists assist patrons with their research by helping them uncover relevant materials. They safeguard the materials by enacting security measures to ensure they do not go missing. Archivists are often educators as well, and it is not unusual for an archivist employed at a university or college to lecture in a subject related to their collection.
The Archivist of the United States is the head of the agency and is appointed by the President of the United States. Archives specialists and technicians assist archivists, and conservators work with technicians to clean, repair, and preserve older and more fragile pieces of history.
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Frequently asked questions
A delegate is an individual chosen to represent their voting precinct at their annual state or county party conventions.
National delegates are elected during state party caucuses and nominating conventions in the spring of the presidential election years. State delegates are chosen by state legislatures, but they may lack the authority to control the actions of the delegates.
The primary purpose of delegates is to vote on a party's candidate for primary and general elections. They also vote on party officials, rules, and the party platform.
Article V of the US Constitution describes two processes for amending the Constitution. The first method gives Congress the power to propose an amendment with two-thirds support in both the House and the Senate. The second method allows two-thirds of state legislatures to instruct Congress to call for a constitutional convention for proposing amendments. After an amendment is proposed, it must be ratified by three-fourths of the states.
