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View Diary: Open thread for night owls: Is the U.S. Constitution obsolete? (170 comments)

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  •  My same concern (3+ / 0-)
    Recommended by:
    MHB, Musial, JeffW

    I don't see how a new constitutional convention would be democratic at all. How would we elect the delegates? And how would we guarantee that they reflect the will of those who delegated them? I don't see how a new convention would NOT end up co-opted by government and business interests---government interests seeking to erode civil liberties and shore up the security state, business interests seeking to erode the rights of workers and the various labor, environmental, consumer, etc., protections.  The government would love to drop the Bill of Rights.

    •  Sortition (0+ / 0-)

      Choose delegates at random. Like jury duty, but with better pay. I would trust a "convention of my peers" to not screw it up, and write new amendments popular enough to get ratified by 3/4 of states (in popular elections). ALEC and such would end up frozen out.

      Here's an interesting interview on the subject (by the always-excellent Center for Election Science).

      Of course, the constitution doesn't mandate that, so you'd have to have a strong movement behind using sortition before a convention was called.

      Separately: since 49 states have called for conventions at some point, and there's no constitutional requirement that they do so at the same time or for the same reasons, a convention is already legally overdue.

      Senate rules which prevent any reform of the filibuster are unconstitutional. Therefore, we can rein in the filibuster tomorrow with 51 votes.

      by homunq on Mon Nov 04, 2013 at 05:53:12 AM PST

      [ Parent ]

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