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muriel_volestrangler

(101,414 posts)
Wed Nov 8, 2017, 02:55 PM Nov 2017

Sorry, But American Democracy Is Still Edging Closer to Disaster

On Tuesday, when nobody was looking, the state of Wisconsin brought the country a step closer to a constitutional bloodbath unseen since 1789. The Wisconsin state senate voted, 19-14, to join the call for an Article V convention of the states to propose amendments to the federal Constitution, and what should make you feel very secure about trading James Madison for, say, Mark Levin, is that the Republicans who voted for this monstrosity basically knew fck-all about the issue. From The Wisconsin State Journal:

Earlier this year, Senate Majority Leader Scott Fitzgerald initially resisted Assembly Speaker Robin Vos’ push to fast-track the convention resolution. Fitzgerald said in March that he had questions about the scope of such a convention. Fitzgerald, R-Juneau, who voted for the resolution, acknowledged after Tuesday’s vote that he’s not convinced restrictions on the scope of a convention could be enforced once it’s underway. “It depends on who you talk to,” Fitzgerald said. “It always should be a concern when you have something that could be wide open.”

Well, hell, then, let’s just take a big old shot in the dark.

The movement for this convention was born in the dark-money plutocracy of the current American political system. It aims to fasten an oligarchy to what still would be the shell of a self-governing republic. The tell is in the issues. They are a wish list of conservative policies that were shredded under the existing Constitution. Among them are The Worst Idea In American Politics, the Balanced Budget Amendment, which never was going to get the votes to pass on its own, either in the Congress or in the states; and an amendment that would establish term limits for members of the national legislature, which the Supreme Court declared unconstitutional 22 years ago in U.S. Term Limits v. Thornton.

http://www.esquire.com/news-politics/politics/a13451178/wisconsin-constitutional-convention-vote/
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Sorry, But American Democracy Is Still Edging Closer to Disaster (Original Post) muriel_volestrangler Nov 2017 OP
K&R! nt Guy Whitey Corngood Nov 2017 #1
the Kochs KT2000 Nov 2017 #2
There are a whole host of demons in the details gratuitous Nov 2017 #3
I agree there would be all sorts of difficulties, but that doesn't make it much better muriel_volestrangler Nov 2017 #5
On a scale of 1 to 10 of things to worry about gratuitous Nov 2017 #6
The last line of the article says it all: Hong Kong Cavalier Nov 2017 #4

KT2000

(20,605 posts)
2. the Kochs
Wed Nov 8, 2017, 03:40 PM
Nov 2017

have been busy buying state legislatures on this. Until we get a grasp on the money paid to politicians, they will eventually take over, with their other billionaire friends. We cannot win on policy alone because they also buy "their truth" for the foolish.

gratuitous

(82,849 posts)
3. There are a whole host of demons in the details
Wed Nov 8, 2017, 03:54 PM
Nov 2017

A constitutional law professor friend of mine limned some of those details in a Facebook post. If this is an issue of concern for you, I would suggest that there are any number of pinch points that would make calling a second constitutional convention difficult, if not impossible:

Some on the far right of the political spectrum are seeking to hold a second constitutional convention. I'm not sure what they want, but they're convinced that it will bring the New Jerusalem.

The problem, however, is that the second constitutional convention movement will founder on a host of technical issues that nobody has even bothered to consider:

* who is to be represented in the convention -- persons or states? it was states in 1787, which meant that the smallest state had the same one vote that the largest state had. Nobody would put up with that now.

* who is to choose the delegates and how -- the state legislatures, as in 1787, or popular election? will the parties get involved, and, if so, how?

* how many delegates? each state legislature did its own choosing and electing and sending -- doubtful that anyone would like that approach now, as it tended to favor state political elites.

* will the convention meet in secret, behind closed doors, as it did in 1787? or will it have to meet in public? The right to know was in its infancy in 1787; it has become a shibboleth today. (Look it up.)

* will delegates be able to change their minds and get together for compromises, as in 1787? or will we insist that they keep their campaign promises even if those are obstacles to getting anything done? If we throw compromise over the side, the convention will founder within a week.

* what will the second convention's mandate be -- a specific set of revisions, or the whole thing, as in a runaway convention? Remember that in 1787 we got a runaway convention, which proposed a wholly new constitution. We cannot keep a second convention within bounds, either..So what will be up for grabs -- the Bill of Rights? Religious freedom? The rights of atheists, aliens, women, members of racial minorities, of gender minorities?

* how will the product of the convention's work be adopted? In the 1787 process of a preliminary review by the existing Congress and then in a process using ratification state by state by popular elected conventions, with each state having only one vote? Or by national popular referendum? or by state-by-state referendum?

* will this new process obey Article V's regulations of what such a process should be? or would the new convention elbow its way past the old system to create a new and different system?

In the current system of political tantruming, chaos, and inability to figure out how to get things done, does anyone really think that a second convention can get started? let alone finished? let alone past the task of constitutional re-framing or revision to the task of ratification?

muriel_volestrangler

(101,414 posts)
5. I agree there would be all sorts of difficulties, but that doesn't make it much better
Wed Nov 8, 2017, 04:14 PM
Nov 2017

It makes it likely, I reckon, that large parts of politics would get tied up in court cases as people try to hammer out the rules of the convention, and all kinds of parties sue the moment something they see as disadvantageous to their cause is decided. The confusion and arguments would make it harder to pass any meaningful reform of, eg, healthcare, since there would be arguments of 'but what if the convention changes the constitution to affect this, eg "balanced budgets"?'

Hong Kong Cavalier

(4,573 posts)
4. The last line of the article says it all:
Wed Nov 8, 2017, 04:12 PM
Nov 2017

"There are now 28 states on board this death train. They are six states away. This is a clear and present danger."

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