 | FAQ disagreements |
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I disagree with the statements in the FAQ regarding how an article V convention must be constituted. The author states that each state must be given the same number of delegates as electoral votes and that 2/3rds of the state delegations must vote to submit an amendment to the states (which is internally contradictory). He cites the 14th Amendment as the source of this belief. I believe he is taking the the Amendment out of context. The amendment is meant to give the federal government authority over state actions which violate equal protection rights of its citizens. It is not meant to apply to an article V convention. Now, if it chose to, Congress could apply such rules under its power to enforce the 14th Amendment, which is provided in Section V of the Amendment. It does not have to, however. The Coleman decision is controlling law in this regard. How the delegates are selected, how many delegates are granted each state and whether a majority of delegates or a majority of states is required, and whether that majority is simple or "constitutional" is up to the Congress. If the Congress is silent, the matter of decision rules will be up to the convention itself. That being said, if the organizers feel strongly that the number of delegates mirror the electoral college, they can certainly propose that the convention call to be suggested to the states include this language - as well as suggesting that 2/3rds of the state delegations (or for that matter, 2/3rds of the delegates) must vote to submit. Indeed, if "equal protection" is the standard of proof, I would suggest that if Congress requires 2/3rds of the members present and voting to submit, that the convention take the same tack. The 2/3rds of state delegations proposal is actually problematic because it could result in a "small state revolution" where an amendment passes even if a majority of the convention delegates actually oppose it. Consider the case where 2/3rds of the states - all small, vote by a small majority vote to pass a matter, while the largest 16 states are unanimous in their opposition. Clearly a majority of the convention itself has opposed the measure, yet the measure has passed and has been sent for ratification. This would be a public relations nightmare and it would clearly be used to block ratification in those states that did not concur - making the entire effort a waste of time. I suspect that the reason that a convention call has never made it is because most of them are from smaller, less populous states - and that such a call was intended to preserve the rights of a minority of citizens in these states against the actions of the majority - and that the majorities in the House have thwarted such action just as the states thwarted Madison's attempt to allow federal review of their laws in the original bill of rights and that federal troops were necessary to secure ratification of such provisions in the 14th Amendment. I can see the value of seeking amendments without a majority of all delegates if you are seeking to enact provisions which would be unpopular with the majority of Americans, especially those of us who are liberal - but if you do so, I will oppose your efforts, regardless of whether (and especially if) you think you are justified in doing so and most especially if the amendments you propose are used to diminish the power of the federal government to enforce the provisions requiring that the states adhere to federal standards of due process and equal protection under law (which does not mean that the states can pass laws denying some people protection - like gays who want to marry). You can diffuse my concern by adding that a measure must be approved by either 2/3rds of the convention delegates or by stating that it must be approved by a majority of the delegates AND at least two thirds of the state delegations. That should keep the convention in check. Where does that leave us? I suggest we draft a sample call - and by we - I mean Justice Brennan's on-line convention - and that this call contain the following elements: 1. A list of amendments to be considered. I suggest the following: a. Creating 7 federal regions and regional congresses with a limit of 10 terms in the house and 3 terms in the Senate b. Creation of a national Senate with two members per region - with regions of equal electoral vote strength, with six year terms, staggered, with a limit of 3 terms c. Selection of the POTUS by an electoral college made up of regional VPs and the National Senate, with selection every two years and a limit of 5 terms d. Creating the office of Regional Vice President, selected by the electoral college in each region, with 6 year term and a limit of two terms e. Pooled finance of federal and regional congressional and vice presidential elections with donations to a blind trust that is split among all candidates who successfully participate in a district or state caucus with a 15% of participation rule for funding e. Constitutionalizing regional court systems appointed by RVPs and having one SCOTUS member from each region and the Chief Justice appointed by the POTUS (or selected from the membership, either with our without replacement) f. Procedures for admitting new regions or changing regional boundaries subject to the deciennual census g. Recognizing the start of human life at the begining of the second trimester, with a life (but not a health) exception unless the fetus has no chance of survival. h. Limit income tax collection to overseas naval and military deployments and/or to pay off the national debt and require that all military deployments be specifically authorized by Congress i. Require that regional governments maintain a balanced budget j. Legalization of marijuana, prohibition of asset forfeiture prior to criminal conviction and decriminalization of simple possession of harder drugs, recognizing the power of state governments to impose mandatory treatment for documented cases of addiction and untreated psychosis, with reinstitutionalization upon relapse 2. Specify that delegates shall be selected by direct election of the people, that there be one delegate for each congressional district and two at large per state and that amendments shall be submitted for ratification to the several states upon recommendation by a majority of the convention AND two-thirds of the state delegations. This proposal, or whatever proposal is adopted, should be submitted to state legislatures after we have organized committees in a majority of congressional districts in 2/3rds of the states and that there are more activists in these committees than there are in the dominant political party in that district. We can then make support of this call the measure by which state assembly candidates are evaluated for support - and if they don't we challenge them for election in either the primary or the general election. Ditto for Congress. We should also insist that Congress enact rules for considering a convention call and then tailor our call to those rules. |