Brief Thoughts: Should We Have A Constitutional Convention?
Welcome back folks, to another look into my mind on politics. I intended these ‘Brief Thoughts’ posts to be a daily, or near-daily, thing, and now that I’m all settled into my internship for the summer, I’ll make a shot at meeting that schedule. Of course, an interesting article from the Huffington Post the other day makes it easy. Apparently, a Rhode Island state legislator introduced a resolution to call for a Constitutional Convention. In the Constitution, there are two ways to amend it: a Convention, called by 2/3 of state legislatures, and a vote of 2/3 of the members of the House and the Senate. The second method has been used for all of the 27 Amendments that have been added, meaning the Convention has never been tried in our history.
So why should we do it now? As is obvious, America is at a crossroads: we need to deal with the deficit and such thorny issues as climate change, the wars in Afghanistan and Iraq, and illegal immigration among others while meeting the fiscal and policy obligations under the various entitlement programs we have. I haven’t even touched reforming the entitlements, campaign finance, and other hot button social issues. Further, there are several proposed Amendments that have been languishing because Congress has been unable to push them through years after they were introduced; the Equal Rights Amendment being perhaps the most prominent one. As a nation, we need to take a good long look at the Constitution and seriously consider adding the Equal Rights Amendment or possibly even the line-item veto for the President, just saying.
However, a straight-up Convention is the wrong way to go about doing it. It may be effective at getting a number of Amendments up for consideration at the same time and directly expressing the will of the people immune to influence by the special interest groups, but it is by nature unpredictable. When the Founding Fathers wrote the Amendment-by-Convention provision into the Constitution, they almost surely intended it to be a civilized affair in the same vein as the original Constitutional Convention, not the raucous, chaotic, and noisy mess it would almost certainly be if it were held today.
In addition, a risk with any proposed Convention is that outlandish Amendments, or worse, downright harmful ones, could gain enough traction to be adopted. If Congress didn’t move at the glacial pace of 27 Amendments ratified over more than 220 years of our history, ten of which were passed at the same time, it would be the ideal way to ensure the proposed and adopted Amendments were in the best interest of the country. On the other hand, we all know about the influence of lobbyists on Congress; the last thing we need is someone slipping something into the Amendment on behalf of some special interest.
I think the best solution is a mix of the two, in effect a moderated Convention. Capture the energy of a popular Convention, but have it moderated by a balanced panel of individuals who are respected by a large cross-section of American society, or maybe the most senior members of the House and the Senate, with members of the other branches of government represented as well. Admittedly, that would not guarantee the Convention was free of an agenda, but whatever happens some respected group of individuals moderate the Convention in order to preserve what we already have at the minimum.


























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