David Super joins most of my family, friends, as well as colleagues inwards denouncing the watch of a novel constitutional convention. I persist, as well as inwards fact to a greater extent than strongly than ever, inwards believing that a novel convention is a vital necessity. I won't rehearse all of the arguments that I've made over the years, but I exercise conduct keep a few observations virtually David's posting.
First, I recollect it's fair to say that nosotros concur that the 1787 Constitution was (indefensibly?) undemocratic inwards price of the structures it established, the Senate beingness the most obvious example, but Article V belike beingness most telling, when all is said as well as done. The fact that it serves to brand constitutional amendment, specially virtually anything genuinely controversial, basically impossible way non entirely that nosotros boot the bucket along to last trapped inwards what I conduct keep sometimes called the "iron cage" of a radically defective Constitution, but besides that nosotros every bit a polity conduct keep seemingly lost whatever capacity to engage inwards serious "reflection as well as choice" (see Federalist 1) virtually how nosotros are to last governed.
As I read David's posting, he is maxim that political progressives should renounce the really watch of an "Article V Convention" for a diverseness of reasons, or hence of them really good. When Larry Lessig as well as I co-taught a seminar at Harvard virtually iv years agone on what such a convention mightiness expect like, I concluded that the Framers purposely constructed inwards Article V the equivalent of a Pandora's box, exactly because Article V gives non a clue every bit to how such a convention would really proceed. E.g., who exactly selects the delegates; how many would at that spot be; what voting rules would last adopted; what, if whatever limits, are at that spot amongst regard to the issues that a convention mightiness consider. (David, similar most opponents, offers a parade of horribles past times which a convention would inwards pith repeal the First Amendment. Both Larry as well as I are considerably to a greater extent than sanguine, because the really supermajoritarian of the ratification procedure assures, every bit a practical matter, that few if whatever genuinely radical measures, including repeal of the Bill of Rights, would really last ratified. But the fearfulness of a "runaway convention" has a non bad bargain of buy on people who should really know better, unless they are fifty-fifty to a greater extent than despondent virtually their swain citizens than I am as well as believe that Donald Trump has the back upwards non entirely of less than 2/5 of the American public, but inwards fact genuinely represents the overwhelming number of contemporary Americans. There is literally no ground to believe this.) A basic work of the contemporary Left is that it has fundamentally lost whatever organized faith inwards what used to last called "the people." Thus the attraction to technocrats (as Obama turned out to last inwards spite of a quite unlike movement inwards 2008, which led me to back upwards him over Hillary Clinton).
David's advice is to win elections as well as create a critical volume inwards favor of what mightiness last called "ordinary amendment," i.e. proposed past times 2/3 of each draw of piece of work solid of Congress. (He besides makes the altogether right indicate that Citizens United could last revised amongst the replacement of ane of the Republican conservatives past times a moderate Democrat.) But if ane believes, every bit I do, that the House is fatally affected past times the fact that everyone is elected inwards single-member districts (with, most of the time, a first-past-the-post electoral process), then, every bit a thing of creature fact, that tin lav last changed entirely past times a constitutional convention for the elementary ground that it is literally inconceivable that members of the House, who exercise goodness from the condition quo, would vote to repeal the 1842 Act requiring single-member districts. (The paradox, of course, is that every bit a thing of legal fact, a constitutional amendment is non inwards the to the lowest degree required; it is but that Congress volition never concur to top the required legislation.) If, every bit I personally wishing were the case, nosotros were similar many American states (and unusual countries, inwards including or hence possibility for straight republic via first as well as referendum, hence at that spot would inwards fact last a skillful alternative. But, every bit Madison proudly proclaimed inwards Federalist 63, the Constitution was designed to position "the people" into a permanent coma, capable of acting entirely through "representatives."
As someone who currently believes that the unmarried worst characteristic of our radically defective Constitution is the lack of whatever no-confidence procedure to burn downwards a President who has (justifiably) lost world confidence, I presume that a constitutional amendment would last necessary to supplement the apparently inefficacious Impeachment Clause as well as 25th Amendment. (As I've argued previously, the worst thing virtually the Impeachment Clause is that it's basically been captured past times lawyers who seem interested entirely inwards arcane disputes virtually what counts every bit a "high offense as well as misdemeanor" every bit against a far to a greater extent than necessary give-and-take of the "fitness" of someone to conduct keep the immense ability given the President. It is truthful that Congress could advise such an amendment, but ane of the awful truths is that no ane inwards the wide political elite, other than right-wing Republicans, is willing fifty-fifty to broach the reality that nosotros conduct keep a defective Constitution.
There is increasing (and correct) understanding that life tenure for Supreme Court justices is an watch whose fourth dimension should conduct keep gone. Ben Sasse gave a genuinely fine spoken communication at the Kavanaugh hearings daring Democrats to back upwards the cease of life tenure. To their shame, none of the Democrats responded to his challenge. I'm inwards the minority of legal academics who believe that life tenure could inwards fact last modified amongst a statute authorizing novel appointments ane time a judge has served xviii years, amongst the nine fellow member Court to consist of the nine-most-recently-appointed members, spell the displaced guess remains a fellow member of the Court, who tin lav sit down if ane of the nine has to recuse him or herself as well as tin lav "visit" so-called "inferior" courts, which a number of retired justices conduct keep done.
We should larn to walk as well as chew paste at the same time. That is, it is absolutely essential that nosotros exercise whatever nosotros tin lav to smasher the GOP coalition inwards the House as well as Senate. Whatever doubts ane mightiness conduct keep virtually Democratic candidates pales inwards lite of the collaboration of the GOP amongst a monumentally unfit as well as unsafe president. But nosotros are absolutely kidding ourselves if nosotros recollect that such a victory would inwards fact enable the passage (and signing past times either Trump or Pence) of progressive legislation. I conduct keep told many people that if Hillary had won, most of us would last just every bit depressed today, though for slightly unlike reasons, because "we" would last looking forrad to an electoral bloodbath inwards November, amongst Republican victories, as well as hence an almost sure enough Republican victory inwards 2020 past times a to a greater extent than politically competent Trumpista.
Progressies, including my friends inwards the American Constitution Society, are making a big fault inwards refusing fifty-fifty to address the possibility that the Constitution is radically defective. If ane doesn't believe that, hence of degree ane ought to concur amongst David. If it ain't broke, hence past times Definition it doesn't necessitate fixing. But what if it is broken as well as constitutes its ain danger to our collective future?
I promise that David volition offering his ain farther reflections, either every bit a comment or inwards an independent posting.
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