Path to a Constitutional Convention
We are not talking about making a single amendment here. There are too many problems to correct, and they need to be changed simultaneously. This requires a constitutional convention.
Here’s what’s below…
Article V of the US Constitution provides for the ability to make amendments and also form a constitutional convention. Our founders attempted to get this amendment process right. First, they shared the power to make amendments between the federal and state governments. Second, the founders interjected a convention option into the constitution, which may have been to give citizens some input, but primarily recognized the need for broader changes. It is apparent that the writers of the Constitution expected that modifications would be needed over time.
For specifics…
Regrettably, they left the convention alternative intertwined with the existing power structure. People in power rarely are willing to give up any of their authority. Two-thirds of the state legislatures are needed to initiate a constitutional convention. Our powerful two party system, Democrats and Republicans, control both the US Congress and all state legislatures. I fully suspect that if the founders could speak now, they would agree that the citizens should have the power to amend our constitution via national referendum or some other means of direct voting.
The path is a bit bumpy. But we have substantial leverage… the Decision Website.
The first step is for the citizenry to use the Decision Website to decide on a suite of proposed US constitutional amendments. It’s a robust process that should deeply analyze our political problems and explore all possible directions for improvement. We all understand how careful we have to be. It is a scary thought to touch the Constitution from which are freedoms are derived. Yet, improved democracy and a stronger voice for the people are worth this endeavor.
Keep in mind that we can set aside most of our differences at this stage. It won’t matter where you currently stand on the political spectrum. It only matters that you believe in freedom and democracy. Our goal here is to enhance our democracy and give power back to the citizenry.
We will use the Decision Website to decide on our suite of constitutional changes. If the vast majority of people trust the results of the vote, then we are good to go. We will have a national opinion.
Realistically though, there will be a span of time while folks adjust. Voting participation in the Decision Website may lag behind. What’s important is that the Decision Website …is democratically controlled by the people, has robust, comprehensive, and balanced debates, and has presented fair solutions to vote upon. In that way, all of us have a go-to resource to compare notes, challenge our thinking, and resolve trouble spots. We may need to vote many times as involvement increases. However, we will get there. This is the people’s call for participatory democracy.
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The response from our politicians and leaders is unimportant. They have conflicting personal motives in their career and position. If their ideas have validity, then those ideas would have been included in our debate. Their personal preference or opinion is not the logic we want to use. It is not that politicians are necessarily corrupt people, but they are simply stuck in a tough situation with allegiance to career, political party, and other motives.
The media should also be scrutinized. Their panel of “experts” do not conduct sophisticated debates. Their challenges to opinions are often thrown like mud. They do not move ideas towards accuracy and resolution, and so they routinely make the water muddy.
Over the centuries, the press has contributed greatly to exposing corruption within the government. However, today’s media companies’ have business objectives that create a problem as they introduce unwelcome profit motives into the equation. While the press likes to believe that they are the people’s voice…they are not us, they are autonomous, do not speak for us, and are not squarely on the side of the people.
Again, it’s not that the journalists are bad people, but they are caught up in their media organizations constrained by ratings, profit, and other motives. Eventually and maybe even now, journalists will rise again to be great trustworthy contributors to our democracy.
For detail on the media issue…
We could create a democratically administered media network using the Decision Website model. Nothing to stop us. Current non-profit media outlets could be converted if they are willing. Journalists and others with a media background could get this process going quickly. We could even sell advertising to pay salaries. The important thing is that we citizens control the entire operation, from guaranteeing balanced reporting to regulating the type and quantity of advertising.
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Still, what will ensue in our quest is a battle of information between those benefiting from the current system and the rest of us – the hundreds of millions of us. The opponents have the money and they have the big media. There will be a barrage of negativity towards our ideas.
However, we are America’s patriots. Not left or right wing patriots, but people who stand up for the democratic rights of the citizenry. It’s not like 1776. We won’t have to take up arms, or leave our families, or sleep out in the cold. However, we will have to take up the challenge of changing our way of thinking, of deciding who to trust, and sorting out information. It’s our time to see what we are made of.
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When we find unity in our Decision Website debates, the citizenry will have legitimacy in telling politicians what we want in the form of a Constitutional Convention. Some politicians will see the writing on the wall, but most won’t. We will have to force the issue in our votes. In the years afterwards, we only vote for candidates that pledge to follow the opinions in our Decision Website. Interestingly, we can accomplish our amendment goals by merely voting in state legislators. It will be easier to find state candidates that support the citizens’ agenda.
We must take control of our state legislatures. How quickly we can change the makeup of our state legislatures, is how rapidly we can improve our democracy. With our unity in the Decision Website we can also circumvent the campaign showmanship and money influence that is seen in state politics. In addition, we can develop guidelines and instructional material to encourage new candidates to seek election.
The flow for a constitutional convention:
Note that the federal US Congress has very little control over the state legislatures in this process. The president has no influence.
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States will send delegates to the constitutional convention. Delegates will have a great deal of autonomy in the convention. So, their loyalties and opinions are important. But who chooses these delegates? The US Constitution is unclear.
The only constitutional convention was in 1787. It has not been done since. Congress has always proposed the amendments themselves, without the need for a convention. Therefore, the convention procedures have not been tested.
At the first constitutional convention in 1787, delegates were chosen by the states. This will likely be the precedence for a 2nd constitutional convention. Still, how do the states’ choose their delegates?
If we have voted in enough state legislators that support us, then we are likely fine here. State legislatures will choose delegates that adhere to our amendments.
Another option is for the state citizens to preemptively push a state initiative to amend their state constitution to dictate how delegates will be selected. For instance, there could be a popular vote method of selection, which takes away this power from the state legislature. However, not all states allow for citizen initiatives.
Delegates will also be of issue if Congress decides that states must conduct ratifying conventions. How states select delegates will again be of issue. However, we can conduct the same steps mentioned above, where we preemptively alter state constitutions. Electing state legislators that support us is the key.
For detail on…
Constitutionally, the convention delegates have the right to propose, debate, and decide on their suite of amendments. It should be noted that the first and only constitutional convention in 1787 went well beyond its starting point of the Articles of Confederation, and made radical changes to produce our Constitution. Using that 1787 convention as precedence, the constitutional convention could go in any direction it chose.
In principle, it’s preferred that the delegates adhere to what the full citizenry has debated in our Decision Website. However, there is no constitutional directive for them to do so. This why the selection of delegates is so important. Regardless, states still retain the last word on the amendment process via their ratification step. We just need to be sure that the state legislatures follow the will of the citizenry via our vote of those representatives.
If the Decision Website has worked, then we the people have created a legitimate voice. We now have a solid basis for analyzing our world, developing trust between ourselves, and polling ourselves. This is our unifier.
If the citizenry feels the unity, there will be considerable pressure on politicians to follow the will of the people. Starting a major movement for change, trying to use constitutional channels to accomplish those changes, and then being turned away by those in power, will not sit well with the citizenry!
Suggested Next: Why We Need to Act Now
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