<P> The convention method of ratification described in Article V is an alternate route to considering the pro and con arguments of a particular proposed amendment, as the framers of the Constitution wanted a means of sometimes bypassing the state legislatures in the ratification process . </P> <P> To some extent, the convention method of ratification loosely approximates a one - state, one - vote national referendum on a specific proposed federal constitutional amendment, thus allowing the sentiments of registered voters to be somewhat more directly felt on highly sensitive issues . The theory is that the delegates of the conventions--who presumably would themselves be average citizens--might be less likely to bow to political pressure to accept or to reject a given amendment than would be the case with state legislators . The United States Supreme Court has ruled that a popular referendum is not a substitute for either the legislature or a ratifying convention--nor can a referendum approve of, or disapprove of, a state legislature's, or a convention's, decision on an amendment (Hawke v. Smith, 253 U.S. 221, (1920)). </P> <P> New Mexico law provides that the members of its legislature would themselves be the delegates and form such a ratifying convention--if Congress were to again select that particular method of ratification . The issue having never come before the federal courts, it is unclear whether this New Mexico state law violates Article V . </P> <P> In a state's legislature, the ratification method is procedurally simple--merely propose a resolution, memorial, or proclamation of ratification and vote it up or down in each chamber of that state legislature . But using the convention method of ratification is a bit more complicated because it is, by necessity, separate and different from a state legislature . As early as the 1930s, state lawmakers enacted laws to prepare for the possibility of Congress specifying the convention method of ratification . Many laws refer to a one - off event, with an ad - hoc convention convened solely for the purposes of the 21st amendment . Other laws, however, provided guidelines for ratifying conventions in general . </P>

Who decides what method will be used to ratify any proposed amendment