Overhaul of the Constitution sounds tempting: don’t bite
There are some things that liberals don’t like sitting like bedrock in the U.S. Constitution. In particular, the Electoral College to elect the president, and the assignment of two senators to each state. Then there’s the First and Fourteenth Amendments when extended by the Supreme Court going back to the 1880s to give the same protections to corporations as to real breathing humans.
Liberals, as well as many conservatives, also dislike the scope of powers conferred on the U.S. President that have expanded over the years. At least they dislike them when the president belongs to the opposing political party. (As a Virginian, I would like to point proudly to our Senator Tim Kaine’s principled crusade to limit the chief executive’s license to conduct wars, starting with the Obama Administration.)
How might these anti-democratic features of the Constitution be remedied? In fact, Article V of the Constitution provides for a method to completely overhaul the Constitution.
Say that again? What we customarily have in mind when we think of amending the Constitution is passing an individual amendment with two-thirds vote in both houses of Congress, then ratified by three-quarters of state legislatures. It’s what’s been done to add all 28 amendments (28 in 229 years) to the original 10 in the Bill of Rights. That cautious procedure is in Article V, but also in Article V is something truly radical: a full-blown Constitutional Convention called for by two-thirds of the states (34 out of the current 50). The Congress would then be required to hold the convention, and a new constitution coming out of it could eventually be ratified by “the legislatures of three fourths of the several states, or by conventions in three fourths thereof”—i.e., 38 out of 50 states.
Continue reading “Watch Out! Article V Constitutional Convention Nears Reality”