A Second Constitutional Convention: Constitutional Reformation in the 21st Century
(Pictures: The Signing of The Constitution of The United States, National Geographic Society)
DeepCenterField DCF
© 2009, Jason T. Powers
Press Press
History I. The History of the U.S. Constitution and Amendments In the summer of 1787, a prestigious group of men, whose fame and foresight and fighting instincts brought forth a nation for and of the Common Man, sat in Philadelphia to hammer out the Ten Commandments of the United States of America, the U.S. Constitution. Theirs was a seemingly insurmountable task – to draw upon the successes of previous empires while avoiding the misdeeds of those same nation-states – given that many who fomented and espoused ideals of Equality and Freedom, often could not live up to their own stated designs in their own personal actions and deeds. As is always the case, the men involved became heated on particular subject matters, and the division of powers to be held by the fledgling government. Compromises were made; and future questions of the State were left to be Amended. Meanwhile, after such a beautiful design, John Jay, James Madison, and Alexander Hamilton carried further those discussions of what the Framers had designed at the Constitutional Convention, via the newspapers of America in The Federalist Papers as all States were asked to adopt and ratify this Earth-shaking document. It will soon be 225 years since this monumental task was engaged in – “to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessing of Liberty to ourselves and our Posterity…” (Preamble to the United States Constitution.) At many junctures in our nation’s history, we have corrected course via internal and external threats to our nation’s Posterity. Seven-five years after New Hampshire was the ninth state to ratify the Law of the Land (June 21, 1788), the Civil War raged on. The bloody battle at Gettysburg set the stage for Abraham Lincoln to speak to the existence of our Union: “ The world will little note, nor long remember what we say here, but it can never forget what they did here. It is for us the living, rather, to be dedicated here to the unfinished work [for] which they fought…” (Gettysburg Address, November 19, 1863.)
With the outcome of the Civil War, the 13th, 14th and 15th Amendments were amended to the Constitution to firmly establish the Rights of African-American Citizens, yet, this battle was hardly won as our History often proved. Again, seven-five seasons of time would pass before we faced another threat on the horizon: the inauspicious regime of Nazi Germany and its satellites. The next turn of the calendar they launched World War II – and the forces of Freedom were pitied against this powerful, unrelenting drive of a deranged enemy to rule all those not considered Equal. But America had an Insurmountable Might; and an Indomitable Will. Later, President Franklin Roosevelt said in 1944: “True individual Freedom cannot exist without economic security and independence. People who are hungry and out of a job are the stuff of which dictatorships are made.” (Address to a Joint Session of Congress.) After Roosevelt’s death in 1945, the 22nd Amendment was ratified in 1951. It limited the election to the office of President to two elections and no more than 10 years in office. It was felt by his opponents that Roosevelt’s four terms had installed too much permanency; and dangers lied in prolonged rule by one political party, or leader.
II. The Urgent Problems in America Today Now, as we move into the fourth act of our nation’s illustrious history, we face threats across many fronts – internal and external – that must be addressed. In the past quarter century, much of what America has become is being done without a rudder or leadership or a rule or spirit of a guiding hand. Our President, Barack Obama, spoke to this dilemma in a recent White House news conference, saying that America was similar to a gigantic ship that is not, “easily course corrected,” and that it responds, “slowly to the policies installed.”
The recent financial collapses have left Americans trillions of dollars poorer. Two of the largest and most venerable companies, GM and Chrysler, are in the process of bankruptcy. The American Health Care system continues to escalate in cost, while nearly 20% cannot afford or lack adequate coverage. But by 2017, nearly one in five dollars in GDP (Gross Domestic Product) will be spent on the system’s maintenance. Our National Debt has surpassed $10 Trillion dollars. If our Government would save $1 Billion per day, every day, it would take 27 years and 145 days to eliminate the balance. However, if interest accrues at the same rate on that $10 Trillion, the net effort would be a zero change to our Debt. (This interest payment will be the usual case by 2012: $383 Billion in interest outlays are projected in A New Era of Responsibility: Renewing America’s Promise, 2009, Office of Management and Budget, www.budget.gov, pg. 125.) The Crisis is only acerbated by the prolonged Recession, which requires even more deficit spending to spur growth, as $787 Billion in outlays were approved in February 2009. Yet, a rationale is needed to maintain Fiscal Responsibility in the decades to come. Else, We will see unimaginable debts, and harder economic choices, than has befallen any generation of Americans before. By various reports, America is over $55 Trillion in debt, public and private, and by 2014, this total could eclipse $87 Trillion. (Kevin Phillips, Bad Money.)
Current Households are getting by on less; with no way to accurately predict the designs of their companies, or if they will exist in the future global economy. In 1950, manufacturing made up nearly 25% of America’s GDP. Now, this percentage is less than 10%. And bluecollar workers have seen their jobs disappear, not just once, but several times. The ‘money chase’ for a good salary or hourly position is increasing in complexity, and often, tearing families apart in the hunt, with the ending being no better than the beginning during the dollar trek. Replacing this downward fall, the financial sector has growth to be nearly one-quarter of America’s economy. But with growth, came complexity and opaqueness. As expanding financial derivatives market
and multi-trillion dollar do-it-all financial firms lent money to stagnant income earners (without the prerequisites to pay back the balances), companies such as Countrywide Financial, Merrill Lynch, Bear Stearnes, Lehman Brothers, Citigroup, Bank of America and JPMorganChase would soon come prostrate to the beggar’s table of the United States Government for immediate assistance and intervention. As this Mortgage Market declined drastically 2007-2008, the number of households upside-down on their homes increased to levels not seen since the Great Depression. The Credit Markets tighten to the point where even credit worthy Americans were hard-pressed to receive access to their credit, or were made to pay unusual fees after years of loyalty. Inter-bank lending (LIBOR) ceased to function properly in late September/early October 2008. And the World expected dire consequences. Nearly $1.5 Trillion dollars have been pledged to buttress this Financial System in flux, and often, in frail circumstances.
The American competitive advantage of Education, Infrastructure and Manufacturing has evaporated as developing and developed regimes are exploiting weaknesses and offering American multinational corporations access to cheap, unencumbered and pliant labor forces that can not or will not stand up for better working conditions. The enormous profits are kept; and America grows more complacent, and less able to catch up when our dollars stay in the hands of never-friendly, duplicitous regimes, who, reinvest by buying American assets with little regard for the American people’s way of life. Thus, we are trapped in a cycle that has to be reversed. Our Rivals in this Global Marketplace were once the bane of our Existence, not for their economy, education, infrastructure, or political ideas, but because they held Freedom in prison, and ignored their people forthwith. They still do; but now supplant their peoples’ emerging industriousness, and desires for a political voice, with the economic strip mining of natural resources – and the fact the resources are indeed, limited, makes it more beneficial to ignore the struggling population while amassing wealth for the selected few.
Energy, Environment, Economics and Existence are intertwined – with the ignoring of One, or more, to come with the vicious Human price (at some point) in the response of (and to) the Others. Such Human costs come today only with daily, personal aggravations, and the slow, brutal destruction of the Middle Class and Middle America. Such Dependence has become a way of life for many, many millions. In mid-2008, oil prices recorded an all-time record north of $140 per barrel. By January 2009, the price shuddered in at $35 per Middle East barrel. The rise by June 2009 to $70 again, may indeed, stall an economic recovery to gas-dependent America. Since the 1970’s, America has become more and more dependent on oil imports – reaching nearly 70% of our Nation’s usage – as we stagnate at 6.5 million barrels produced per day, while using 20 million to maintain our travel needs and desires. This addictive usage is hamstrung by our foes, and our “frienemies” – Iran, Venezuela, Russia, Saudi Arabia, et. al. – who are the controllers of Our Oil Tab. Fierce competition from our new economic rival – China – is dawning, causing geo-political forces that we react to, more than shape. As alternative energy outlets were sought, ethanol, for example, we began to trade food essentials for fuel security. Prices for corn skyrocketed. World food markets were dangerously depleted. And the alternative has to be sought somewhere else. As people plow to create fuel, drill for oil in offshore deeps, and hunt for a way to make their machinery go farther on less, it should bring us to a foregone conclusion: natural resources are finite; and must be harnessed efficiently and effectively. Regardless of belief in Climate Change, the access to food, energy and life staples must be designed with the interconnection to our Earth seen and respected. Else, We do our progeny a severe disservice, and possibly, an ultimate demise, if we selfishly and callously use up what is now available, without reasonable and adaptable alternatives to replace what God put here for Humanity to use to Grow, to Adapt, and to Maintain Our Existence until such time is deemed right for His Call for an End.
We are still engaged in a war. While we attempt to extricate ourselves from one country, two close neighbors are in need of our Military. These costs in lives and coin are greater than we seem able to justify or maintain, yet, we do. Others regimes are revisiting the Cold War with their nuclear ambitions and threats. And The Middle East is still as unstable as it has been during the last Millennia. And the tragic story of 9/11 still lacks an ending. Our government has been severely taxed to function properly; as the divide over social ills, economic philosophies, foreign policy, and domestic design have been a source of bitter feuding without a significant altering of the direction of the country in a manner that speaks of the deep understanding and the absolute necessity to embark on a course correction. Instead, we list to port; then to starboard; and back, while seemingly cast adrift by the efforts of this process. And no one man is able to reset the course alone. The Problems are vast; multi-trillion in nature, and currently are addressed with only piece-meal and hen-pecked legislation. Meager victories are attainable – but never go to the root cause – and so, the time is ripe for amending what it is to be under Constitutional Rule.
II. Section I. The Founding Fathers and The Framers’ Action Plan “Facts are stubborn things.” ~ John Adams The Framers to Our Constitution and the Founding Fathers were not idle people. No one accused Adams, Franklin, Hamilton, Jay, Jefferson, Madison, Morris, Sherman or Washington of inaction or paralysis in an arena of battle. They did not sit by and wait for things to happen. They made things happen. They were builders; doers; dreamers; entrepreneurs; inventors; leaders; opinion makers; philosophers; revolutionaries, scholars, and visionaries. After winning the Revolution, these visionaries continued to work under the existing Articles of Confederation, which was a “firm league of friendship.” (The Ground on Which We Stand, Kay, 1969.) However, the
Articles were limited by taxing powers, commerce regulation, and a unicameral legislature that needed 9 states out of 13 to approve bills. It proved unfit to run a nation that was all ready the size of France in territory, and could expand quickly to the size of Western Europe. And many European foes were willing to bet that our young Nation would falter under that exact strain. Action was needed. The Framers went to work, in secret, and to that end, achieved a lasting document that molded well into America’s Manifest Destiny. What has transpired in the last 222 years is a testament to its beauty and foresight, while its flaws are only all too human.
III. The Proposed Solution: Constitutional Convention As we have seen in the past century, the advancement of technology has given us a way of life that many would never cede to any foe. With such a vast and inescapable dependence on the function of technology within the framework of Society, it is discouraging that we cannot count as quickly amongst our Strengths the ability to utilize this advantage immediately to improve upon our current state of Affairs, as they stand across the wide spectrum of previously stated ills. As a result, we are indeed hamstrung by our inability to use such technological wonders as a guiding and assisting force in directing our country in the future: That of Constitutional Amendments to address the Rights and Responsibilities and Privileges vested in a 21st Century American Society. Our Framers allowed for Amendments to make clearer, and unambiguous, the language and rights ceded to the Individual, and the Government. Each is dependent on the other; cooperation and compromise is the hallmark result of our ebb and flow during bitter conflicts and the paramount concerns over the other’s intrusions into Rights the other has. The State remains Supreme; but only by the Graces of those under Its Auspices.
A 2011 – 2012 Constitutional Convention to address our Nation’s problems would be a vast improvement on innovating the future of America over the piece-meal, penny-wise, but pound-foolish approach that much of our U.S. legislation attempts futilely. And its time for the Common Man and the Elite Minds in various arenas to dutifully attempt to pull together to create a more perfect Union to last another 225 years. As of this writing, nothing is off the table. The point is to suggest, and offer avenues, and Framework for a Second Convention to take place.
IV. Initial Debate, Structure of Convention, Delegates, Support & Sample Proposed Constitutional Amendments Before any Amendment can be added, two-thirds of both houses of Congress, and three-fourths of the States must ratify said Amendment. That is the path; it shall not be discussed further. Some will argue flatly that no change is needed; that the Constitution allows for all things and interprets all things well enough. When the Founders wrote and thought of things yet to come, they would be indeed impressed, and yet profoundly disturbed, by our trailblazing paths, and are glaring holes in logic, during these last two centuries. The last significant ratified Amendment was on July 1, 1971. (The 27th Amendment relating to Congressional pay increases was passed in the early 1990’s.) Since that time, satellite linking, the Internet, personal computers, cellular phones, email, faxes, video games, video systems, the human genome, test tube fertilization, artificial human organs, cloning, DNA mapping, CDs, DVDs and MP3s, have gone through an infancy, and are starting, adulthood. Social networking has taken on a whole new meaning. This evolution of science and technology begs to be viewed through a prism of our greatest legal concern: Our Constitution. And no doubt, the altering of this historic document in Mankind is a grave and sanctified responsibility – which is why the most influential, intelligent, creative, innovative, wise, spiritual, logical, and grounded
individuals will be called to the Second Constitutional Convention of the United States by their representative States. However, the calling for a United States Constitution Convention is up to the American People, who, must debate the choices, and alternatives, of doing nothing versus addressing those important concerns to each and every American. A debate started now – in June 2009 – could be resolved by the 2010 election cycle with Propositions added to the ballot to send a delegation to the 2011 Second Constitutional Convention. Such a National conversation will spur outcry and false assumptions – such as a takeover by special interest groups, and the promoting of the destruction of law and order. Nothing could be further removed from the truth. James Madison spoke of this complaint in The Federalist No. 10: “Complaints are everywhere heard from our most considerate and virtuous citizens, equally the friends of the public and private faith, and of public and personal liberty, that our governments are too unstable, that the public good is disregarded in the conflicts of rival parties, and that measures are too often decided, not according to the rules of justice and the rights of the minor party, but by the superior force of an interested and overbearing majority.” Which is why the amending of the Constitution is still a multi-tiered process: to have such a Constitutional Convention; the organization of the committees; the drafting of Amendments; the submission to the Congress; and to the ratification by the States. The prolonged time needed to express the absolute Will of the People negates the frivolity of an opportune party in exploiting a momentary lapse in listening to reasoned arguments by an opposing electorate. And while representation follows the people’s whims – and the ability to express their voices and shape the discussion via their representatives
is often just a matter one election – it still takes years to cement a path toward a unifying plan. This complexity was done to avoid any domination based on the slimmest of majorities.
Such constitutional reformation is not a new idea. In the mid-1980’s, James L. Sundquist from The Brookings Institution wrote on the subject in Constitutional Reform and Effective Government (1986). Then, no mention was ever made of the environment, climate change (Global Warming), genetics, technology, the internet, or reproductive rights. Only in passing was the term energy policies or abortion mentioned. Thus, the need for an updated discussion to determine what should be the role of our Modern Government; and what are the Rights and Responsibilities of each branch; and the operation as it is directed toward the Individual; and is their a better way to solve our various problems through better, leaner, and a more focused government. If indeed, a quorum develops to execute a Convention – a supermajority of 30 states, for example – then we can proceed to selection of leaders to be sent, and the importance of equality of representation based on expertise, and commonality, and flexibility of action.
IV. Section I. Delegates It is a hope that with a large contingent that a wide array of opinions can be brought to bear on the problems. And that discussion in America’s newspapers, online sites, blogs, podcasts, talk radio, and multimedia platforms will engage Americans in a Civics discussion of unparallel proportions in human history. It is a desire to get the best each state has to offer in agriculture, art, business, economics, education, engineering, legal, medical, natural science, political science, and technology sectors, to name only select few categories of expertise.
Representation in each state should be robust, but delegations should be reasonably sized based on economic interests, population in the 2010 Census, and any other legitimately arguable reason to have a large delegation, or a specific member. (California, for example, could be seen as needing up to 65 delegates – based on their electorate, and 10 additional members due to economic and social complexities.) However, since issues affect all States, any subcommittee representative may be instituted to bring voices from all corners. (Convention should iron out the structure and size – this paper is only a draft document on the issue.)
The biggest caveat to delegation representation is that the currently sitting Congressional members of the United States cannot be apart of this discussion. They have plenty to handle in the daily oversight and operation of the Country. (They could testify or provide information on drafting amendments.) They can resign their post to join the discussion, but cannot be apart of these two bodies simultaneously. The point of the delegation is not to just bring elite minds to the table either. At least 10% of the representatives need to be lay community leaders who represent urban, suburban and rural areas successfully, and uniquely. Their intimate connection is as important as the ivory tower scientist, or tempered-glass, high-rise, Wall Street-minded executive who will be as much apart of the discussion as his State deems necessary.
IV. Section II. Elder Statesmen The hopeful addition of a special oversight committee comes from the nature of the Framers in all our respective minds: The Elder Statesmen. Benjamin Franklin (1706-1790) last hurrah was both in his urging that the Constitution receive unanimous support, and the Great Compromise, the bicameral U.S. Congress. While the author does not feel that such a light exists today, it is a hope that many retired experts in the U.S. legislature, Executive branch, U.S.
Agencies, judges and legal scholars should be assembled as a unique body. They should be assigned committees (below, discussion) in their expertise as a non-voting delegate, but with the ability to draw on their own unique experience to guide in rhetoric a committee in drafting any Amendments. They should carry through on the final oversight of the completed document – which must pass through the necessary iterations before final submission to the Sitting Congress, and later, the States. The number of Elder Statesmen should number no more than the number of Committees. Plenty of voices will be involved, limitation is needed, where possible. But this should be a special appointment, and not to satisfy some political end.
IV. Section III. Committees Without specific numbers, but using 538 representatives as a theoretical base, approximately 12 committees (with further breakdown as they deem necessary) to attempt to handle the intertwined policies and desires of the People. (A cross-functional committee would make 13 total.) This is a process that should not be rushed; as it is a hope that in two years the debate, analysis, counterarguments, ratification process, and establishment into law can be begin – assuming the discussion will last to the 2012 Election cycle. Our vision of the future should guide how we design the prospects of the country. Categorization should reflect how such ideas tie together – and where they may lead.
Possible Committees 21st century Business & Economics Arts & Education Development Medicine, Science & Technology Engineering, Energy, Infrastructure & Climate Change Federal Budget Reform & Analysis Political Reform Efficiency & Effective Governmental Systems Legal Reform (Criminal & Civil) Agriculture, Conservation & Natural Resources Trade & Domestic Employment Security, Terrorism and Foreign Policy Disaster Management & Policy Unified Committee to Resolve Conflicting Amendments It could be also organized similar to Congressional Committees – in terms of titling – however, it should be left to the Convention’s discretion to define leadership structure, who is championing the issues, assign them by expertise (and philosophical bent) to those that can also grasp the interconnected nature, and bring forth logical and understandable rights, and modifications to the great rule of Law, if possible, or if desired.
Branches IV. Section IV. Support from Other Branches of Government Assistance from the Agencies of the U.S. Government should be without barriers. The committee work should be held in secret like a jury’s decision, or with a ‘top secret’ design, until the necessary release to public for further debates. The United States Supreme Court could assist in the legal language and interconnections to other arenas – not that delegates’ Amendment work can be undermined by their interpretations – but that, information and background is the key to such determinations of how to proceed. (To be done in concert with Elder Statesmen delegates.) The U.S. Legislatures and State legislatures should be involved as needed by the committees and subcommittees. Whatever is necessary and proper to achieve the highest ideal should be allowed.
IV. Section V. Delegate’s Role, Responsibility and Venue for Convention This should be a no payment job. (Room & Board to be provided along with necessary work materials and access to technology for overnight work for the duration of the convention. Projected: 2 years. years.) The delegation should see this as the ultimate expression of love to their country as it will define the future in ways to be yet determined. Their devotion to the job at hand and Posterity of America should be payment enough. The Convention should take place in Philadelphia – with either a state-ofthe-art facility, or access to a very functional historic place (Independence Hall) being the goal. Our History should lead us back to our roots; and Philadelphia and Ben Franklin are both firmly rooted in the American constitutional process. IV. Section VI. A Sample of Possible Amendments for Discussion Healthcare Rights Amendment Medicare & Social Security Restructuring Amendment Conservation Rights & Land Use Responsibilities Amendment Energy Exploration & Innovation Amendment Infrastructure & Utilities Amendment Education Rights Amendment Balanced Budget Amendment Internet Speech Amendment Equal Rights Amendment Term Limits & Length of Service Amendment Confidence Vote Amendment Cabinet – Sub Cabinet Re-Organization Amendment Innovation & Technology Protection Amendment Financial Organizations & Systemic Risks Amendment Legislature Veto Amendment Political Action Groups Amendment Necessary & Proper Amendment Electoral College Amendment Coordinating Action of Branches of Government Amendment International Labor & Trade Amendment
V. Concluding Thought on America’s Problems If, at the very least, this triggers an intelligent discussion, and the search for information and analysis of the issues to put into play by the hopeful Designers of the 21st Century Amendments to Our Hallowed Constitution, then the work of a Convention should be called a success. Quality, not quantity, is the Experiment that is Good Governance. If we should ignore this, then the problems will persist. The impetus for a drastic alteration should be to suppress and eliminate a much greater and fundamentally destructive dynamic: The internal and external forces that are waging war against America. Some by accident; some by design; but all are a linchpin to a catastrophic collapse in our Freedoms and Choices as American Citizens.
But as Physicist Albert Einstein stated: “We cannot solve our problems with the same thinking we used when we created them.” As a broad corollary, We cannot address our nation’s current Health Care crisis, Financial dilemmas, Manufacturing shortcomings, National Debt service, Energy Conundrums, and name-your-country-in-need Crises with the same sort of policies we used to get into these particular messes. A ‘hard tack to stern’ – to revisit what made America great – is the best alternative to solving what ills, and curing, what ails. No matter the side of the spectrum you represent politically or philosophically, Our Nation, Our Constitution, requires: Our Assistance. But 300,000,000+ voices, organized 1,000,000 different ways, and going 250,000 directions does not solve the problem. One course - many voices on that auspicious heading.
What is proposed is fair, logical, and non-partisan. It means more that just about anything else - the continuation of the United States as the bastion of Freedom and Hope and Vitality and Prosperity. Our Posterity requires it. Enduring change is done through the process of Law and Order. This Proposed Convention for adapting the U.S. Constitution for the 21st century is not about any singular argument, or advancement. It is about trusting that We, The People, can respectfully and uniformly agree on the Necessities of our Modern Life. It is about setting examples for a World that is often amiss. That Change and Adaptation can happen quickly and with great human benefits. And with Duty, Honor, Courage and Commitment, This Shall Be the Case.
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