A constitutional convention? Seriously?

June 9, 2006

I know conservatives are upset about the Senate rejecting their anti-[tag]gay[/tag] constitutional [tag]amendment[/tag], and I can appreciate their intentions to try again in the future. But to even consider, out loud, the idea of calling for a [tag]constitutional convention[/tag] suggests the movement has gone from merely unhinged to completely over-the-edge.

A second constitutional amendment to ban same-sex [tag]marriage[/tag] is expected to fail in the Senate today, but proponents of the resolution plan to stay the congressional course and not pursue the back-door option: a constitutional convention called by state legislatures. […]

[T]he amendment’s supporters said they have no plans to abandon Capitol Hill; instead, they will try to force an amendment through a little-known clause in the Constitution.

Article Five of the Constitution explains how amendments can be ratified, the principal method starting in Congress, where measures have to earn two-thirds support in each chamber. But the same Article says two-thirds of state legislatures can bypass Congress and call for nationwide constitutional convention. There, lawmakers can propose any amendments they want, and those backed by three-quarters of legislatures become part of the Constitution.

How many times has this happened in U.S. history? None. It’s hardly ever been talked about, even in jest. And yet, the Wall Street Journal reported today that “some” in the religious right are considering a push for a constitutional convention, which they believe might “prod Congress and provide hope to dispirited conservatives.”

Most high-profile, far-right activists aren’t fond of the idea — Phyllis Schlafly called it “stupid” — but for some in the movement, it’s a thought that’s on the table. A lawyer for the American Family Association said, “We’ve almost been entirely focused on idea of getting the amendment out of Congress and signed by the president and then to the states. [The defeat of the amendment] may force us to re-examine things.”

Crazy. Simply crazy.

A delusion that gives a whole new meaning to the term “sour grapes”.

  • Batshit crazy. One benefit I can see to holding such a convention, since no holds are barred, is that the USofA could finally rid itself of the the Electoral College. We’ll never be sophisticated enough for a parliamentary system, but with “majority rules” as the operative slogan, these rustic, nutty, “religious” yahoos would soon find themselves without any power whatever. Hey, I can dream can’t I?

  • Awesome idea. Lets see, while we’re there we can. . .

    1) Modify the First Amendment to expressly exclude “money” from being considered a form of expression;

    2) Clarify that only active members of an official branch of the Armed Forces or a State National Guard have a consitutionally protected right to keep and bear arms, and then only their assigned service weapon; any other armament is kept at the pleasure of the government and may be licensed or regulated as the government sees fit;

    3) Add the long overdue Equal Rights Amendment;

    4) Expressly declare capital punishment to be cruel and unusual;

    5) Include a new amendment which says “All persons living in states of the old Confederacy are hereby reminded: you lost. nyah nyah nyah.”

  • Ed, let the games begin. Call such a convention–and then all the left groups can get involved bringing up their pet causes. It could be fun to watch.

  • I forget if it was Monroe or Madison who said we should have a Constitutional Convention every twenty years, damn but if it isn’t time.

    Think of all the things we could fix. Ed brings up the Electoral College. How about a better definition of free speech?
    Federal protection of reporters sources?
    Real seperation of church and state to protect our religions?
    A better write up of eminant domain to stop takings being given to private developers?
    A modern definition of gun rights that doesn’t talk about militias?
    Privacy?
    Get rid of government censorship of the ‘public’ broadcast specturm?

    The end to the IMPERIAL presidency?
    Congressional ability to regulate polution and protect the environment?
    Statehood for D.C. ?
    Statehood for Puerto Rico, Guam, the Virgin Islands, etc.,
    Proportional distribution of Senators, three for California and one for Alaska?
    1000 representatives in districts of five each so no one is not represented in Congress?
    or Better rules on creating districts to eliminate gerrymandering?

    Invite Canadian provinces and Mexican States?

    We just have to be ready to spring out and take control of the convention.

  • I would like to see an amendment that ends the idea that corporations are “citizens” with the rights thereof – foisted on America by an activist Supreme Court in the 1870s.

  • I actually think it’s a tactic that works for the republicans – a way of whipping up the religious right that never wins, therefore never goes away as an issue.

  • Why don’t we just let them secede and set up their own Fundie States of America? We can carve out an area in the southwest for them, and they can have God transform it into something nice and verdant and fertile.

    I wish.

  • Sounds liek agreat way to make national politics loca to me. Howard Dean should fund ads in all 50 states saying “Fill your state houses and legislatures with Democrats or Dobson and the theocrats will force their vision of the world on you using republican’t robots to do their bidding.”

  • I can’t help but wonder if trying and getting shot down in a hail of laughter, ennui, and unconcern might be good for them. They seems to think that most of the country not only believes them but is as worked up on this issue as they are. They need to learn just the opposite.

    And just think of the entertainment potential and editorial cartoons!

  • It may be crazy, but Dems in Illinois are already pushing the process to Impeach Chimpy using the same Constitutional method.

    Here is some more talk on a blog I like simply for it’s name.

  • Sorta related. A few years back, here in Whatcom County WA (northwest corner of this northwest state) three different groups were pushing for the creation of new counties.

    The slobbering knuckle-draggers were pissed of because the county’s largest city, Bellingham, is dominated so much by college students from Western Washington University. Few of the students bother to vote (interferes with keggers and sex), but the rustic idiots hadn’t bothered to check that.

    Anyway, meetings were held, petitions were duly filed, and so on. It looked as though Independence County, Freedom County and whatever the hell the third one was (Sourpuss County?) were a done deal.

    Then the Secretary of State Sam Reed (a fair-minded Republican! remember the narrow vote and recounts for Governor here?) informed the yokels that they’d have to pay their own way, not relying on Bellingham tax-payers to carry their burden as at present. The separation movement collapsed overnight. I think the tough-talking hillbillies all drowned in their spittoons or went back to nuzzling sheep.

    The last time I remember talk about a national Constitutional Convention was when Barry Goldwater lost in 1964. Maybe, like Whack-a-Mole, these things just pop up every so often only to disappear for decades.

  • I hope you’re right but I think you’re being a little naive about this. If Phyllis Schlafly says it’s stupid, it’s got to be a good idea.

    As one of the proposed second-class citizens, I have to point out that most of the states already have anti-gay marriage laws and/or constitutions, and nothing in Article V seems to indicate that the votes in the state legislatures have to be more than simple majorities. I’m surprised the fundies haven’t taken this tack already. Probably, like me, they didn’t realize it was an option.

    With the vast majority of people either against gay marriage or too indifferent to care, this amendment could be bulldozed through the states in a couple of years unless there’s some hurdle somewhere that I’m overlooking.

  • I think you’d be amazed at how precisely those same conservatives who mutter a lot about a Constitutional Convention, when push comes to shove and they realize it really is “wide open” and anything goes, prefer staying with the devil they know (Jefferson, Madison, et al.) to whatever might swoop in.

  • The idiots must have found something in their 5th grade civics text to pull this outta their ass.

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