Omar Bennett
There are a variety of reasons why people might think the constitution should be rewritten. One perspective is that the constitution should be rewritten to reflect the values of the people. For example, the original constitution included the possibility of owning people as property, and did not give women the same rights as men. Another perspective is that the constitution should be rewritten to address issues of power sharing and federal power. However, some critics argue that a second constitutional convention could get out of hand, with no rules outlined in the constitution regarding the convening of such a convention, and that it could be influenced by corporations, political lobbyists, and wealthy donors.
| Characteristics | Values |
|---|---|
| Lack of rules regarding the convening of a constitutional convention | e.g. how would delegates be chosen? |
| Polarizing political environment | Hard to reach agreement |
| Difficulty in amending the constitution | Requires two-thirds approval in both the House and Senate |
| Potential for a convention to be "hijacked" by special interests | e.g. libertarian conservatives seeking to strip power from the federal government |
| Original constitution written by rich white men | Inequality and lack of representation |
| Potential for a new constitution to be "ghostwritten" by corporations, political lobbyists, and wealthy donors | Risk of increased inequality and corporate influence |
| Untested ideas may be flawed | Risk of unintended consequences |
| Super majority requirements can hinder progress | Sizeable minority can block changes |
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What You'll Learn
- The Constitution is hard to change, with over 11,000 proposed amendments introduced in Congress since 1789, but only 27 have been ratified
- The Constitution does not outline rules for convening a constitutional convention, such as how delegates would be chosen
- The Constitution was written by rich white men and included the possibility to own people as property
- The Constitution could be rewritten by corporations, political lobbyists, and wealthy donors
- A convention could be used to strip power from the federal government
The Constitution is hard to change, with over 11,000 proposed amendments introduced in Congress since 1789, but only 27 have been ratified
The Constitution of the United States is hard to change, with over 11,000 proposed amendments introduced in Congress since 1789, but only 27 have been ratified. The framers of the Constitution provided two ways to amend it, which are outlined in Article V of the Constitution. One way is for a member of Congress to propose an amendment. That proposal then needs two-thirds approval in both the House and the Senate before it goes to the states for ratification. This process is designed to ensure that any changes to the Constitution are carefully considered and have broad support.
However, some critics argue that this process is too rigid and makes it difficult to adapt the Constitution to changing societal needs. They suggest that a Second Constitutional Convention could be a way to rewrite the Constitution and make more sweeping changes. However, the idea of a Second Constitutional Convention is controversial, as there are no clear rules outlined in the Constitution regarding how it would be organized. There are concerns that it could get out of hand and lead to cherished constitutional rights being jeopardized.
In addition, the current political environment is highly polarized, making it difficult to reach the necessary compromises for amending the Constitution. Professor Nolan McCarty, a political science expert, suggests that while there are problems that could be fixed, it is unlikely that people will agree on the solutions in the current climate. The complexity and uncertainty surrounding a Second Constitutional Convention further reduce the likelihood of it happening.
The Australian Constitution also provides insight into the challenges of implementing change. The Australian Constitution has a similarly rigorous amendment process, requiring approval by an absolute majority of each house of parliament or passage by an absolute majority of one house twice with an interval of three months. Additionally, any amendment must be approved by a majority of all electors who vote in a referendum. Of 44 referendums put to the Australian people, only eight have passed, indicating the difficulty of achieving successful constitutional change.
While some view the rigorous process of amending the Constitution as a positive feature that ensures stability and protects against hasty decisions, others argue that it can hinder progress and make it challenging to address societal needs. The debate surrounding the rewriting of the Constitution highlights the complexities and uncertainties inherent in the process, underscoring the importance of careful consideration and broad consensus in any potential changes.
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The Constitution does not outline rules for convening a constitutional convention, such as how delegates would be chosen
The Constitution of the United States has never been rewritten, and there are valid arguments both for and against doing so. One of the primary concerns regarding a constitutional rewrite is the lack of rules outlined in the current Constitution about convening a constitutional convention. This includes critical questions such as how delegates would be chosen, how many delegates each state would have, and whether the proceedings would be limited to a specific amendment or could be more wide-ranging.
The absence of guidelines for a constitutional convention is a significant concern because it could lead to a situation where a small minority of states, representing a small fraction of the population, could approve amendments that would have a significant impact on the entire nation. This uncertainty about the process and potential outcomes of a constitutional convention makes it a risky proposition for many.
The process of convening a constitutional convention and choosing delegates is not the only challenge. The act of rewriting the Constitution itself would be a complex and contentious task. The current Constitution was written by a group of delegates who gathered in Philadelphia in 1787, intending to make tweaks to the Articles of Confederation. However, they quickly began working on a new Constitution, which included two methods for amending it outlined in Article V. Despite this, the process of amending the Constitution has proven difficult, with thousands of proposed amendments introduced in Congress but only a small fraction being ratified.
The potential for a constitutional convention to get out of hand is a significant concern. Critics worry that a convention could put cherished constitutional rights in jeopardy and that there would be no way to guarantee that civil liberties would be protected. The lack of rules and guidelines in the Constitution for convening a constitutional convention, including the selection of delegates, contributes to this uncertainty and makes it challenging to ensure a fair and representative process.
While some argue that a constitutional rewrite could address issues with the current system, others caution that it could also lead to unintended consequences and the loss of hard-won rights. The complexity and uncertainty of the process, coupled with the risk of it being influenced by special interests, wealthy donors, and lobbyists, are all factors that make the prospect of rewriting the Constitution a highly contentious and challenging endeavour.
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The Constitution was written by rich white men and included the possibility to own people as property
The United States Constitution was written by a group of individuals with diverse backgrounds and perspectives. However, it is important to acknowledge that the majority of its authors were wealthy, white male landowners, and several were slaveholders. This social and economic homogeneity among the Founding Fathers had a significant influence on the content and priorities reflected in the Constitution.
The Constitution, drafted in 1787, was intended to establish a framework for the newly formed nation, guaranteeing certain fundamental rights and liberties. However, the interpretation of "all men are created equal" in the Declaration of Independence was limited to white men of property. The Founding Fathers did not extend the same rights and liberties to women, African Americans (both enslaved and free), or men without property. This exclusionary perspective was ingrained in the Constitution, perpetuating systemic inequalities and privileges that favored wealthy white males.
The Constitution's original text included provisions that directly or indirectly sanctioned the ownership of people as property. One of the most notorious examples is the Three-Fifths Compromise, authored by James Madison, who owned over 100 slaves himself. This compromise considered each slave as three-fifths of a person for representation and taxation purposes, effectively reducing taxes for wealthy slave owners. Additionally, the Naturalization Act of 1790 stipulated that only "free white persons" could become citizens, further excluding non-white individuals from the rights and privileges afforded by citizenship.
The legacy of these biases and injustices has had a profound and lasting impact on American society. Despite amendments and legal challenges, the Constitution continues to shape the country's laws and policies. Critics argue that the document's interpretation and application have contributed to systemic racism, gender inequality, and economic disparities. The Constitution's original sin of sanctioning slavery and excluding marginalized communities from the political process has had intergenerational consequences, necessitating a critical re-examination of its content and potential revisions to ensure a more equitable and inclusive society.
While some scholars and activists advocate for a Second Constitutional Convention to address these concerns, others caution against such an undertaking due to the complexity and uncertainty involved. They argue that a complete rewrite of the Constitution could jeopardize cherished constitutional rights and plunge the nation into a period of instability. Instead, they propose a more incremental approach, utilizing the amendment process outlined in Article V of the Constitution to address specific issues and inequalities.
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The Constitution could be rewritten by corporations, political lobbyists, and wealthy donors
The US Constitution has never been rewritten, and some believe it never will be. Critics argue that a Second Constitutional Convention could get out of hand, with cherished constitutional rights put at risk. There are no rules outlined in the US Constitution regarding the convening of a constitutional convention, and there is a fear that the proceedings could widen beyond the scope of the proposed amendment.
However, some believe that a rewritten Constitution would be influenced and manipulated by corporations, political lobbyists, and wealthy donors. This is a concern as it could lead to a document that does not reflect the values of the people. The original Constitution was written by rich white men, and it included the possibility of owning people as property. While there have been improvements since then, a rewritten Constitution could see a return to these injustices.
The influence of corporations and the wealthy could result in a Constitution that tacitly protects and encourages income inequality. For example, progressive tax graduation could be deemed unconstitutional. This would further widen the wealth gap and create a society that overtly favours the rich.
Additionally, the lack of rules and guidance regarding a Second Constitutional Convention could result in an uncontrollable process. There would be no guarantee that civil liberties and constitutional rights would be protected. The scope of the convention could widen, and amendments could be approved by a simple majority, potentially disregarding the will of the majority of the population.
The current political polarization further complicates the matter, making it difficult to reach agreements and compromises. While there are problems that could be fixed, the challenge lies in finding consensus on the solutions.
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A convention could be used to strip power from the federal government
There are a variety of reasons why people think the US Constitution should be rewritten. One of the main concerns is the power of the federal government, with some arguing that a convention could be used to strip power away from it.
The US Constitution provides two ways to amend it, as outlined in Article V. One way is for a member of Congress to propose an amendment, which requires a two-thirds approval in both the House and the Senate before going to the states for ratification. The other way is through an Article V Convention, which has been described as a "dangerous and uncontrollable process" by some. This type of convention has no clear rules or guidelines in the Constitution, such as how delegates would be chosen or how many delegates each state would have. There are concerns that a convention could be used to approve amendments with a simple majority vote, allowing a small number of states to make significant changes.
A movement of libertarian conservatives has made progress in getting states to vote for a convention with the intention of using it to reduce the power of the federal government. However, there are critics who argue that a Second Constitutional Convention could get out of hand, putting cherished constitutional rights at risk. The lack of rules and guidelines for convening a constitutional convention adds to the uncertainty and complexity of the process.
While some argue for a convention to strip power from the federal government, others worry that a rewritten constitution would be influenced by corporations, political lobbyists, and wealthy donors. They fear that it could protect and encourage income inequality and further entrench the power of special interests. The complexity and uncertainty of a Second Constitutional Convention, combined with the potential influence of powerful entities, present significant challenges to the idea of rewriting the Constitution to strip power from the federal government.
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Frequently asked questions
People think the constitution should be rewritten because they believe it would better reflect modern values and address inequalities.
There is a risk that a rewritten constitution would be ""ghostwritten by corporations, political lobbyists, and wealthy donors", leading to increased income inequality. There is also a risk that the document would be used to strip power from the federal government.
By not rewriting the constitution, the document maintains its legitimacy as the foundation of the oldest representative government. The parts of the constitution that work well are likely to be retained, while amendments can be proposed to address issues.
The constitution provides two ways to amend it, outlined in Article V. One way is for a member of Congress to propose an amendment, which requires two-thirds approval in both the House and Senate before going to the states for ratification. The other way is through a Constitutional Convention, where each state has one vote and a simple majority is required for approval.
