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A Constitutional Conventional Candidate
The United States was called into being by a Continental Congress, which delegated Thomas Jefferson to draft a Declaration of Independence and then, courageously, embraced the radical document.
But the United States as we know it did not take shape until 11 years after the declaration, when delegates from the former British colonies that had attempted to govern themselves with a loose set of agreements -- the Articles of Confederation -- gathered at Philadelphia to establish a more serious framework for the American experiment.
The gathering, a constitutional convention, did not merely produce a document. it opened a rich national debate that remains, in many senses, unsettled to this day. The wrangling over our Constitution is not a bad thing. It is an indication of the extent to which we are all still engaged in the great work of nation building.
That work has not been easy. It has required a Civil War and movements for women's suffrage, civil rights, voting rights and progressive reforms such as a directly-elected Senate to forge a more perfect union. And that work is unfinished.
The combination of bumbling and corruption that surrounded the appointment of U.S. senators to replace Barack Obama, Joe Biden, Hillary Clinton and Ken Salazar in late 2008 and early 2009 provoked calls for amending the Constitution to assure that no one can sit in the Senate without being elected -- as is the rule of for the House.
The recent Supreme Court ruling in the Citizens United v. FEC case has led to a movement to amend the Constitution to clarify the intent of the founders so that activist courts cannot create the fantasy that corporations (including arms of foreign firms) have the same rights as U.S. citizens.
The Citizens United fiasco has, as well, inspired talk of convening a constitutional convention to address the broader challenges posed by the development of corporations so powerful that they can not only corrupt our democracy but control our media and collapse our economy.
The call for a constitutional convention is radical, in the best sense of the word -- but, also, in a sense that frightens even some of my favorite small "d" democrats. The notion of throwing open the discussion about the character of the American experiment and its future direction is unsettling, especially to those who fear that less-nobly-inclined fellow citizens might be inclined to hijack the process.
Such fears have, for 223 years, prevented the United States from holding a second constitutional convention. But sometimes, "in the course of human events," it becomes necessary to act boldly. The United States has come close to calling that second convention -- most recently in the late 1970s when more than two dozen state legislatures endorsed a move to hold a limited constitutional convention to write a balanced-budget amendment and force action upon it. (The move fell short because the movement failed to obtain calls from 34 state legislatures, as required by the Constitution.)
Despite the disinclination to hold a new constitutional convention at the federal level -- at least up to this point -- states around the country have regularly held conventions to rework their constitutions. Many states have done so repeatedly since they entered the union; indeed, a number of states have established timelines for regular review of whether to update their documents.
The churn of the current moment has inspired calls for constitutional conventions in states across the country, with serious consideration having been given to the notion in California, New York and Illinois, among other states.
One of the most interesting variations on this theme will play out Tuesday in Pennsylvania's Democratic primary for governor. Auditor General Jack Wagner, a Vietnam veteran, former legislator and twice-elected statewide official with a reputation for upsetting the big banks and political insiders, is bidding for governor on a platform build around a call for a constitutional convention to reform state government.
"I'm convinced we have to do radical things to (fix) how we operate and be more fiscally responsible," says Wagner, who would like to see a constitutional convention reduce the size of the state legislature so that it can operate more functionally, take politics out of the redistricting process, enact meaningful campaign finance reform and end no bid contract procurement.
Wagner argues that only a constitutional convention can get Pennsylvania focused on making needed reforms.
And he's convinced some serious Pennsylvanians that he is right.
The Philadelphia Inquirer, the state's largest newspaper has endorsed Wagner, describing him as the candidate who is "taking a focused, unbiased look at how Pennsylvania can do a better job..."
Philadelphia's City Paper calls him a "coolly pragmatic" candidate with a "realistic" plan to achieve "sweeping changes to how Pennsylvania works on a fundamental level."
Unfortunately, the seriousness of Wagner's call for reform has not endeared him to the big-money donors, who have steered their funding a candidate who is more likely to maintain the status quo, Allegheny County Executive Don Onorato.
Though Wagner has significant labor support, he can't match Onorato's money. And that may mean he will lose a race that also includes well-financed state Senator Anthony Williams and liberal former Congressman Joe Hoeffel.
But Wagner has stirred things up in Pennsylvania with a bold call for using a constitutional convention to get citizens involved in shaping real reforms.
He has been attacked by those who fear radical interventions.
But it should be noted that it was in a Pennsylvania city, Philadelphia no less, that a radical intervention was made in 1787 -- with some success.
12 Comments so far
Show AllState-level, yes. Federal Level, are you out of your mind?
Considering the position of the Media and the new Personhood of Corporations, what makes anyone think that this would be anything other than an entrenchment of that Corporate power at the heart of the New Constitution? If we can't get progressives elected, if the semi-progressives that we do elect can't effectively represent the progressive agenda that elected them, how do you figure that will play out with the Constitution in the balance.
Bad Idea. Don't tempt fate.
What's your purpose and desire? What's your alternative suggestion? You're making summary judgments and conclusions before the fact. That's the horrible idea.
A constitutional convention does not create law - it is the intelligent civilized process in which well-mannered informed chosen delegates discuss ideas, and work together in the attempt to set forth an agreed upon foundation for effecting necessary changes in constitutionally formed government.
"The gathering, a constitutional convention, did not merely produce a document. it opened a rich national debate that remains, in many senses, unsettled to this day. The wrangling over our Constitution is not a bad thing. It is an indication of the extent to which we are all still engaged in the great work of nation building."
It is a fact that we-the-people need a mechanism apart from marginally effective public demonstrations and unduly influenced elections to reorganize our power and to properly influence government in our making. The fact is that constitutional conventions are the only civilized and recognized way to do this, short of an outright coup - which is far more likely to involve undesired military and corporate influences. Whatever the result of a constitutional convention, it must still pass muster and win the hearts and minds of the people, and unless seeking to start an outright revolution, must be ratified by constitutional amendment, or otherwise actually enacted into law.
The fear is that folks like you will paralyze others with even further ignorance and fear, instead of recognizing and pursuing the opportunity. The irony is that by precluding public debate and involvement in the constitutional process you force the type of closed door collusive actions that you fear.
We need to enable open honest, moral and visionary discussions that actually have the possibility of bringing true and lasting change. The way to do that is to qualify a citizens' convention, not force it into private chambers for power elites only - which you can't stop with fearful rhetoric anyway.
A series of national public constitutional conventions is needed. And if "they" fail us by doing as you suggest, then we have effectively given them the rope by which "they" will hang themselves.
We need greater wisdom, not fear and ignorance.
"... it is the intelligent civilized process in which well-mannered informed chosen delegates discuss ideas, and work together in the attempt to set forth an agreed upon foundation for effecting necessary changes in constitutionally formed government."
That's the ideal, unfortunately, Ideal isn't likely. Who will choose the delegates? How?
When 'We the People' can't get our elected representatives to pass Single Payer or even a shadow of it, how do you figure that throwing open the whole magilla will work out better?
As for Alternative suggestion, ok. It's not simple because the problem isn't simple but here goes:
A nationwide, state-by-state campaign for series of Constitutional Ammendments, starting with a definition. That the Constituion and the laws that flow from it define "Person" as a mortal human being. Not a legal construct or a Sky Creature. That the rights that are protected by the Constitution apply to human people only.
Another Constitutional Ammendment that builds on the First Ammendment. We interpret the clause on Churches to mean that Churches are not taxable. That should therefore, preclude them from political operation of any sort on pain of losing their taxexempt status.
But more importantly, The Press should also be tax-free. By that I don't mean the media as it stands. Independent news gathering organizations, local newspapers with Reporters and Editors, Wire Services and news agencies, the people that actually investigate and report the news, should be tax exempt if, and only if, they are stand alone companies, not a division or captive of a larger corporation. Currently the major media act as PR departments for the MIC that owns them. That would not qualify as an exempt News Service. Spun off and maintaining independence, they can become real News.
I would like to see some language that would end the process of outsourcing certain functions of Government to the Private Sector, such as fighting wars, securing the Nation, operating prisons, Central Banking, et cetera. I haven't worked out a clear outline on that yet, check back in a few weeks.
Not that it's a Constitutional matter but the War on Drug (Users), has echos in the failed Prohibition of the 1920s, and it should be ended. The War on Drugs has eroded much of our civil liberties, fostering a militarization of our streets and a guilty-until-proven-innocent police ethic, totally at odds with democracy.
The ERA campaign even though it ultimately failed, is a good model for this kind of action because it relied on a state by state campaign (perforce, that's how Ammendments are ratified). That means that it doesn't start off weak in DC vying with the biggest of sharks but builds stength and depth below the radar so that eventually, when it gets to Congress, it has enough gravity that DC can't fight it.
That's if you really want to work for repairing what's broken: Corporate Personhood, The Religious Right, the Corporate Media and the mechanism of the Corporo/Racist state.
Good suggestions, but no mention of how this actually gets done. As for a state-by-state campaign to enact a national agenda? Everyone acting in the Federal Government comes from states, even the corporate lobbyists and special interests and media. And it is still a program with a national agenda. Organizations bus activists and even "move" candidates to whatever state they need them.
The folks here that say something can't be done - well we should all know at least one person in our lives whom has done what others said couldn't be done. How? Simply by not subscribing to the idea it couldn't be done.
"It was said it couldn't be done, but the old fool didn't know it and went ahead and did it anyway."
There is nothing quite like giving up without a fight, or falling victim to the same old stinking thinking.
Nice one guys.
"We need to enable open honest, moral and visionary discussions that actually have the possibility of bringing true and lasting change."
Give me a break.
The people of this nation are brain dead. You really think that you will get a group of corporate strangers to agree on anything except how better to screw the population? That is what you will get, a corporate gaggle conspiring on how best to screw everyone but them selves.
There are no moral, honest or visionary people in the USA to have discussions here is the USA. Everyone has only their own interests in focus.
Cynicism at its best - thanks for the cultural lesson.
We have one brave and outspoken representative in the PA State House, Mike Strula, who is calling for the elimination of the Pennsylvania State Senate. What a solid and practical idea! If the federal Senate functions as an expression of the federation of states there is no analogy at the state level. The Commonwealth of Pennsylvania is not a federation of any smaller unit of government city or county and court rulings specify that state Senate districts can cross jurisdictional boundaries of town or county and must represent equal numbers. No, the bicameral character of all but one of our state's legislatures is just a blind repetition of the federal model. Like it does in the Federal government the state Senate creates legislative misdirection, complication, obfuscation and corruption-- and it is needlessly expensive. So bring on the State Convention and let's rid ourselves, at least at the state level, of that most odious institution in our government-- the state Senate. Come to think of it let's have a new U.S. Constitutional Convention and get rid of the federal Senate too.
This is typical of the Nation to support one of the "mainstream" Democrats instead of the genuinely progressive candidate.
As his bio makes clear, Mr. Nichols guy isn't even a Pennsylvanian!
While Wagner is a better prospect than the corporate darling Onorato, he still offers no specific proposals to deal with the Marcellus Shale drillers, and has very little to say about public transit and urban redevelopment.
He is a fiscal conservative who will no doubt continue Pennsylvania's highly regressive tax syatem by cutting taxes only on the rich. You can guarantee that the most important issue after taxing the Marcellus gas, an amendment to allow a graduated progressive income tax, or Statewide Single Payer will NOT be on the agenda of any constitutional convention.
His endorsement by the sold-out Pennsylvania AFL-CIO means nothing. They also endorse my awful Republican US congressman, Tim Murphy too.
The genuinely progressive Democrat primary candidate is Joe Hoeffel - unfortunately he is blackballed but the party and the media and running a Green Party - type campaign with Green party levels of funding.
No doubt the Nation gang will decry you as "spoiler" if you vote for Hoeffel, anymore I consider such an accusation as a badge of honor.
Joe Hoeffel for Governor.
Yo, guys, pulling together a Constitutional Convention is almost impossible. 20 years ago we could not pull it together for something as benign as females are equal too.
IF you could pull one together, a civil war would probably break out. It is like 'Pandora's Box, just leave-it alone.
Publicly funded elections will do the job. Not easy, but easier.
Best Wishes and Good Luck,
A Constitutional Convention will not work, the 50 States, and the Federal Government are high-jacked, literally takenover by an Elite "Imperial Banks and Corporations" (JP Morgan Chase/Rothschilds/Bank of England, Wells Fargo, Citigroup, Goldman Sachs, Halliburton, Exxon-Mobil, Chevron-Texaco, British Petroleum, Gulf,and Shell Oil and to a foreign power (England).
There is a foreign government, in the Banks and Corporations literally running the country. There's been a hostile takeover of our government and county by a foreign power (enemy) to the demise of the American people, Sub-prime foreclosure victims and their families (14 million families: 60 million moms,' dads,' and their kids,' by end of 2011). One fifth (1/5th) the population by the end of 2011., is expected to be homeless in shelters where US cities are charging the homeless and their families rent, as they did in the 5000 sub-camps (1923-1933) in the Weimer Republic of pre-Nazi Germany of the Jewish People, Gypsies, and some Christians homeless victims.
The US Supreme Court, in the Robert's Court is high-jacked as well. Citizens United literally helps and benefits the foreign powers in taking over our country, and the 1 million Patriot Act Spy (agents, operatives and informants) Complex, the Justices are literally interposed similarly. There is no way of knowing if Citizens United was a high-jacked decision.
The 1 million Patriot Act spies are literally, with the Nano-sized microchips via vaccines, food and forced injections (informant networks) in the minds of 30 million US citizens and major journalists in the media. Obama is similarly abducted, interposed and harassed, and it is clear there is a continuous barrage on his mind, psyche and consciousness, etc., from the Nano-sized (1/10 a human hair) micro-chips and transistors implanted in his mind (brain), as you watch him make speeches on TV or Cable TV.
The county needs a Constitutional Revolution, a new government, Supreme Court, and a new Constitutional President to replace Obama. A Constitutional Movement, with members of the Free-Media, Interpose Media who are willing to fights this foreign government takeover of our Republic. Members similarly of the government, etc, that are also willing to fight this foreign takeover of our Republic and People by forming a Constitutional Presidency and government, to move-on this foreign government takeover ( which "evinced a designed" to render this republic and its People "under absolute despotism") of our country.