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Xithras

(16,191 posts)
17. Amendments still must be ratified by the states.
Tue Jan 26, 2016, 09:14 PM
Jan 2016

A Constitutional Convention can bypass Congress to draft new amendments, but they must still be ratified by the states like any other amendment.

Americans have a bizarre fear of amending the constitution. France has amended its constitution four times since 2000. Spain replaced its entire constitution in the late 70's and has since amended it twice. Canada rewrote its constitution in 1982 to add an amendment process and has since added 11 amendments. This same pattern can be seen around the world, with nations updating their constitutions nearly every year. Americans, on the other hand, tend to bizarrely see our constitution as a static and inviolate document that cannot be changed. This is humorous, in a way, as the constitutions drafters wrote a modification process right into the document and made it clear in their other writings that they expected it to be changed on a regular basis. If you told Thomas Jefferson that the constitution would only have 27 amendments after nearly 240 years, they'd probably have considered the amendment sections a failure and rewritten them.

Here's a few things that we could add in a Constitutional Convention:

- A new equal rights act
- Clarifying the meaning of the Second Amendment in a way that keeps assault rifles out of the hands of crazies.
- Make it clear that corporations are not people.
- Grant the federal government the power to impose laws on the states that don't require fantasticly wild interpretations of the Commerce Clause.
- Eliminate the electoral college.
- Impose proportional representation on a national level to break the two party system.
- Prohibit anyone who isn't an individual citizen from donating to politicians, to get corporate money out of politics.

A Constitutional Convention can propose ANYTHING. The question is, can that proposed amendment make it through 38 state legislatures? With at least 16 states demonstrating fairly consistent "blue state" leadership, you can be fairly certain that nothing too wild is going to make it into law. America won't have Christianity named as its national religion, slavery won't be reinstituted, and the federal government is not going to be crippled.

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Does that mean 2/3 can propose amendments - not actually ratify them? That is what is sounds like. patricia92243 Jan 2016 #1
good question grasswire Jan 2016 #2
Ratification must be by 3/4 of the states n/t SickOfTheOnePct Jan 2016 #4
So we only need 13 holdouts if this happens. KamaAina Jan 2016 #6
12 holdouts SickOfTheOnePct Jan 2016 #7
No, if they get 38, they win KamaAina Jan 2016 #8
Sorry, my bad! SickOfTheOnePct Jan 2016 #9
The convention can add, delete, modofy, amend, etc 1939 Jan 2016 #5
Correct me if I'm wrong, but doesn't O'Malley want a constitutional convention Gregorian Jan 2016 #3
Calling a constitutional convention will bring about civil war. N/t roamer65 Jan 2016 #10
That's a little extreme, don't you think? n/t SickOfTheOnePct Jan 2016 #11
I don't think so...a far-right, Teabagger "Constitution"...? First Speaker Jan 2016 #13
With open carry then, if you are in violation of a new law, like walking with a cola and skittles, DhhD Jan 2016 #16
I wouldn't care. I'd literally rather be dead than live under their "Constitution" First Speaker Jan 2016 #19
What a can of worms this would be CanonRay Jan 2016 #12
K&R emsimon33 Jan 2016 #14
o.0 creepy. nt retrowire Jan 2016 #15
Amendments still must be ratified by the states. Xithras Jan 2016 #17
Or the right to seceed from the Union. Hoppy Jan 2016 #18
Conservatives are making the federal govt obsolete. SleeplessinSoCal Jan 2016 #20
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