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Constitutional Convention, Anyone? We Could Have One. Soon

February 8, 2016


By Joe Rothstein
Editor, EINnews.com

Yes, 2016 is the most radical election year we’ve seen for decades. The Democratic presidential choice is between Hillary Clinton, aiming to be the first woman U.S. President, and a self-styled socialist in a deeply entrenched capitalist system. Republican voters seem wedded to a politically inexperienced billionaire with a populist message and other candidates who have in common the most extreme political positions matched by the shortest resumes.

That’s quite a plateful for openers. But wait until you the next course.

Before either party settles on its nominee in July and August, it’s likely we will be involved in a national debate about not just who to elect as our next President, but whether and how to change the U.S. Constitution.

While the journalistic pack has been obsessing over presidential politics, partisans of fundamental change have been amassing state support for what’s known as an Article V Convention. That happens when 34 states pass resolutions calling for it. At this writing, 27 already have. Ten state legislatures that haven’t are controlled by Republican majorities. Only seven more are needed to move the issue to our front pages.

Among the states that could provide the final votes: Montana, Wyoming, Idaho, Arizona, Oklahoma, Wisconsin, Kentucky, West Virginia, South Carolina and Maine, all states where the political right wing has enormous influence. What makes the dash to 34 even more likely is that important figures on the political left are also behind the movement. The right wants a constitutional amendment to guarantee balanced federal budgets. The left wants one to overturn Citizen’s United. Both issues are enormously popular with voters. Do you see the makings of a deal here?

There are two ways to amend the constitution. The traditional way is for Congress to propose an amendment, send it to the states and get 38 states to agree. The other way, never successful in U.S. history, would be for 34 states to agree to hold a convention, and then submit any resulting amendments back to the states for approval. That almost happened in the 1980s, the last time we had a concerted effort for a balanced budget amendment. Supporters fell two states short.

So what happens if the magic 34th domino falls in the next few months, right in the midst of this year’s anti-establishment fervor? Can any GOP presidential or congressional candidate who wants to survive a GOP primary resist? After all, Tea Party groups are among the idea’s most influential backers.

On the Democratic side of the ballot, Bernie Sanders and Hillary both have endorsed a constitutional amendment to overturn Citizen’s United. Could either oppose the chance to actually get that done? Remember, the case that created unlimited secret campaign funding originated with a TV commercial attacking Clinton.

Would a convention, if assembled, agree to limit itself to a very narrow agenda, with just two items---a balanced budget amendment and campaign financing? Not likely.

Pressure would be enormous to consider a very predictable list of proposed fundamental changes, all with powerful financial and institutional backing. A sampler: Do we modify the second amendment? Do many of the southern states pushing for the right to “nullify” federal actions they don’t like band together to essentially refight one of the central issues of the Civil War? How about the principal of “one man, one vote” Do we end gerrymandering or endorse it? Term limits? Civil rights? Privacy? Death penalty? Abortion? Smaller federal government?

When the nation’s founders provided for an Article V convention they were opening a vent for change Americans could use if Congress became too unresponsive to majority interests. Many would say that’s where we now are.

During the past 229 years thousands of proposals for amending the Constitution have been presented to Congress. Congress has approved only 33. Twenty-seven of those have been ratified by the states. Never have 34 states petitioned in unison for a convention without the approval of Congress.

In the event 34 states do successfully ask for a convention, someone has to establish the rules and see that it’s conducted properly. How do delegates get elected? How many delegates? How do measures get passed? How is the convention paid for? It may surprise you to know that there exists a group known as the Mount Vernon Assembly, legislators from dozens of states who have been considering these questions since 2013. Once the magic 34 is reached you will be hearing more about them. A lot more.

And, by the way, the President has no role in this. At no place along the way is a President’s approval needed to either call a convention or ratify its results.

Whatever you think of the current campaign for the White House, expect its already bizarre events to ramp up a few notches in the next few months. For those who want or fear change, the presidential campaign before year’s end may have to accept co-billing with a campaign to uproot the very foundation of American government.

(Joe Rothstein can be contacted at joe@einnews.com)



Joe Rothstein is a political strategist and media producer who worked in more than 200 campaigns for political office and political causes. He also has served as editor of the Anchorage Daily News and as an adjunct professor at George Washington University's Graduate School of Political Management. He has a master's degree in journalism from UCLA. Mr. Rothstein is the author of award-winning political thrillers, The Latina President and the Conspiracy to Destroy Her, The Salvation Project, and The Moment of Menace. For more information, please visit his website at https://www.joerothstein.net/.