ReConstituting America

Moving the glacier

Our Constitution no longer functions.  It must be amended.  The public will to amend it is rising.  But the difficulty of the amendment process has driven Americans to despair.  The solution is to amend the amendment process.

Every serious citizen grasps the importance of the questions that face the United States today.  They are not so different from the questions that faced the British Colonies.  Will the people be free?  Will they be the authors of their own lives?  Powers are arrayed against the people.  A royal empire weighed on the founders.  An autocratic oligarchy weighs on us.

The people were then, as now, divided.  Then, at least, there was an argument for civility and mutual respect, though the argument suggests the difficulty.  Today, people are hectored and beguiled by demanding distractions that rob them of their mental balance.  Some have fallen under the spell of manufactured illusions.

Rewriting Article 5, the amendment power, just could be the one amendment that could make it through the legacy process.  The country is grievously divided, but all agree that the system is not working.  Everyone would like to amend it.

The original process gives all power to the minority.  One third[1] of either House can prevent Congress from proposing amendments.  One third[2] of the legislatures can prevent conventions in the states from proposing amendments.  And if any amendment proposal makes it through that gauntlet, one fourth[3] of the states can prevent ratification.  It makes the Constitution a very inflexible and nonresponsive document.

The process should be redesigned to resolve stalemates, which means a majoritarian process.  Some might wish the process could be guided by elites.  But elites couldn’t make the system work.  Maybe they weren’t very motivated, since the system was working for them.

It should be an open process, one that is initiated by either Congress, state conventions, or petition by the people.  Congress would pass amendment resolutions.  The people could propose amendments by a Statistical Majority, that is the number of voters sufficient to represent a majority of citizens.  State amendment conventions elected by a Statistical Majority would propose or support amendments.  Citizens comprising a Statistical Majority would sign petitions to propose or support amendments.    Any of these proposals would be put on the next federal ballot.  

The people will vote.  An amendment approved by a majority of voters is adopted.  The House printing office will print copies of the amended Constitution sufficient to fill all requests.

Once this process is in place, a large pent-up glacier of amendments will begin to move.  Who can play the long game?  Start preparing.


[1] (plus one)

[2] (plus one)

[3] (plus one)

New birth of freedom

I’ve been working on a rewrite of the Constitution.  Several writers have plowed the ground, outlining the issues and some paths forward.  I had to think the problem through.

We are at the point with our Constitution that the Founders were at as the Articles of Confederation were breaking down.  Our Constitution is breaking down.  Those brilliant men in convention in Philadelphia put together a solution that held for over 200 years (with the assist of the savior of the union).  Where are we going to find brilliant men- and women- like that?

I’ve been reading the Federalist Papers.  Three of the conventioneers– Alexander Hamilton, James Madison, and John Jay– wrote a series of articles explaining the defects of the confederation and urging the benefits of a federal republic.  Their arguments still ring true.  And now we have almost two and a half centuries of experience to inform our understanding of the situation we are in.

We know the defects of our Constitution on a very practical level.  But we also know the sound foundation on which the defects have wreaked their havoc.   We don’t have to start over completely.  It’s an interesting challenge.

I can’t resist.  I want to give it a try.  I want to design a structure to function without the defects.  That’s what I’m trying to do- write a first draft of the new constitution.  I’m already on draft five, but when I let it out, that will be the first draft.  Ideas welcome.

Robin Cravey