WARNING from Robert Reich re: building RW momentum to amend Constitution

[grasswire]

From his facebook feed today:

Right-wing alert:

Americans can amend the Constitution in two ways, according to Article V of the Constitution. The first is for Congress to propose an amendment with two-thirds majority in both chambers that must then be ratified by three-quarters of the states. This route has been used to pass all 27 amendments that exist today. The second requires two-thirds of states to call a convention for proposing amendments, but the Constitution is silent about who might attend such a convention and what it could or could not enact.

That’s a recipe for trouble – and, as you might expect, the trouble is coming from the Right and its billionaire patrons. Already, 27 states have active calls for a convention on a balanced budget amendment, which would force the federal government to pass budgets that don’t enlarge the national debt – thereby preventing the federal government from stimulating the economy during economic downturns. This means only 7 more states are needed in order to convene a constitutional convention.

It’s a real possibility: In just the first few weeks of this year's state legislative sessions, at least 10 states have bills pending that call for a convention. Even some Republican presidential candidates are endorsing it. National right-wing corporate fronts such as ALEC (the American Legislative Exchange Council) have been holding workshops and crafting model legislation to persuade state legislators to move on it.

Don’t be fooled by those who say such a convention would be an easy means for reversing “Citizens United” – or, at worst, for forging a compromise that accepts a balanced budget amendment in return for reversing "Citizens United." It’s far more dangerous than this. Once a constitutional convention is called, the constitutional issues considered by it can’t be limited. This means every constitutional right and protection provided Americans could be subject to change. As Harvard Law professor and leading constitutional scholar Lawrence Tribe has said, such a convention would be “putting the whole Constitution up for grabs.”

Consider yourself warned.

[patricia92243]

1. Does that mean 2/3 can propose amendments - not actually ratify them? That is what is sounds like.

[grasswire]

2. good question

maybe someone with expertise will answer.

[SickOfTheOnePct]

4. Ratification must be by 3/4 of the states n/t

[KamaAina]

6. So we only need 13 holdouts if this happens.

Sounds doable.

[SickOfTheOnePct]

7. 12 holdouts

38 states for ratification

[KamaAina]

8. No, if they get 38, they win

but I don't see that happening. They used the same calculus to block the ERA.

[SickOfTheOnePct]

9. Sorry, my bad!

[1939]

5. The convention can add, delete, modofy, amend, etc

Their power is open ended.

The result must be ratified by the states.

[Gregorian]

3. Correct me if I'm wrong, but doesn't O'Malley want a constitutional convention

If it's a different situation, for some reason, I would like to know. But when he mentioned it in the town hall last night, I cringed a little. Good intentions, for sure. But what could be the result, I don't know.

[roamer65]

10. Calling a constitutional convention will bring about civil war. N/t

[SickOfTheOnePct]

11. That's a little extreme, don't you think? n/t

[First Speaker]

13. I don't think so...a far-right, Teabagger "Constitution"...?

...I wouldn't accept it, and would support anyone who'd oppose it, with whatever means would be necessary. This country is already dangerously volatile, as much as any time since the 1850s. This "Constitution" they'd dredge out of the sewer would be at least as much of a provocation as John Brown's raid...

[DhhD]

16. With open carry then, if you are in violation of a new law, like walking with a cola and skittles,

you may be shot during a patriot arrest.

[First Speaker]

19. I wouldn't care. I'd literally rather be dead than live under their "Constitution"

[CanonRay]

12. What a can of worms this would be

we might end up a "Christian Nation" if these yoyo's get their way.

[emsimon33]

14. K&R

[retrowire]

15. o.0 creepy. nt

[Xithras]

17. Amendments still must be ratified by the states.

A Constitutional Convention can bypass Congress to draft new amendments, but they must still be ratified by the states like any other amendment.

Americans have a bizarre fear of amending the constitution. France has amended its constitution four times since 2000. Spain replaced its entire constitution in the late 70's and has since amended it twice. Canada rewrote its constitution in 1982 to add an amendment process and has since added 11 amendments. This same pattern can be seen around the world, with nations updating their constitutions nearly every year. Americans, on the other hand, tend to bizarrely see our constitution as a static and inviolate document that cannot be changed. This is humorous, in a way, as the constitutions drafters wrote a modification process right into the document and made it clear in their other writings that they expected it to be changed on a regular basis. If you told Thomas Jefferson that the constitution would only have 27 amendments after nearly 240 years, they'd probably have considered the amendment sections a failure and rewritten them.

Here's a few things that we could add in a Constitutional Convention:

- A new equal rights act
- Clarifying the meaning of the Second Amendment in a way that keeps assault rifles out of the hands of crazies.
- Make it clear that corporations are not people.
- Grant the federal government the power to impose laws on the states that don't require fantasticly wild interpretations of the Commerce Clause.
- Eliminate the electoral college.
- Impose proportional representation on a national level to break the two party system.
- Prohibit anyone who isn't an individual citizen from donating to politicians, to get corporate money out of politics.

A Constitutional Convention can propose ANYTHING. The question is, can that proposed amendment make it through 38 state legislatures? With at least 16 states demonstrating fairly consistent "blue state" leadership, you can be fairly certain that nothing too wild is going to make it into law. America won't have Christianity named as its national religion, slavery won't be reinstituted, and the federal government is not going to be crippled.

[Hoppy]

18. Or the right to seceed from the Union.

[SleeplessinSoCal]

20. Conservatives are making the federal govt obsolete.

And they're in complete control of the judicial branch.

How's that for "strict constitutiinalists"?