A recent article at Insider informs us of an initiative to change the United States Constitution, but via a previously unexplored legal pathway: a convention of states, as permitted under the document’s fifth article. By-passing Congress and the federal government entirely, this procedure would provide representatives chosen by state legislatures the power to fundamentally alter the laws that govern the United States. 34 state legislatures would need to approve it for it to take effect, and as of this writing, 19 had joined the group.
With each state having one vote, there is an obvious issue: red states could quickly overwhelm blue states, turning the federal government—and the United States as a whole—into a conservative-dominated institution. These worries aren’t entirely unjustified, as seen by the following video from West Virginia’s vote to call for such a convention:
Red states’ desire to propose constitutional amendments may make the West Virginia v. EPA ruling—which removed federal regulators of their authority to control greenhouse gases—appear like an environmental utopia. Or, even worse, a runaway convention might decide to pass a “strike everything” amendment and rewrite the Constitution of the United States from scratch.
The process was halted by worries of a runaway convention or one that adopted extreme changes that Republicans wouldn’t even have supported. The project would need another 15 states to join, which is a difficult but not impossible task with only 19 states committed.
According to The Convention of States Action project , Republican skeptics and blue states are unafraid. The themes for potential modifications in their state resolutions or legislation calling for a convention are restricted to those that:
impose fiscal limits on the federal government limit the federal government’s authority and scope of its authority limit the periods of office for its representatives in Congress and other officials They further note that numerous states have implemented laws that punish delegates to such a conference who deviate from the predetermined issues with felonies. The language of these limitations is extremely ambiguous, and consequences for delegate behavior at any convention may not even be legal in the first place, according to skeptics.
Regardless of how a convention might operate, it seems more and more likely that we will witness one in the upcoming years. With state legislatures overwhelmingly controlled by Republicans in a sizable number of states, the support of right-wing organizations like ALEC, and ample finance, the prospect of a convention isn’t something we can really ignore.
Therefore, it’s crucial that we start considering how such a convention might operate and how we may mold it to create positive results as CleanTech proponents. If we don’t plan ahead for this, we risk experiencing another surprise, similar to the outcomes of West Virginia v. EPA and Roe v. Wade.
Even worse, failure to develop a sound plan for an Article V convention could lead to a conclusion that many Americans simply aren’t willing to accept. Expect a significant constitutional crisis, violence, and possibly a full-scale civil war if that occurs. Therefore, having a strong opposition strategy is not only wise from a political standpoint but also crucial for the protection of people and property.
A KEY LIMITATION ON A CONVENTION Math is unquestionably a barrier to extremism in the convention. A convention can be called with the support of only 34 states, but only 38 states must approve any amendments. This means that if the deep red states are to actually accomplish anything, they will need to pass any suggested revisions through the light red and purple states. In the run-up to the convention, this implies that Democrats and independents who care about topics like climate change wouldn’t be helpless.
The most crucial step would be for a state legislature to designate the appropriate delegate and provide them with clear instructions to attend the convention. Furthermore, those directives must be part of a coordinated front with other nations that oppose the transformation of the United States into a theocratic dictatorial environmental catastrophe resembling the 1985A version of Hill Valley in Back to the Future II, complete with a localized Biff Tannen (a character that was modeled after Donald Trump ).
HOW MIGHT SUCH A STRATEGY APPEAR? At least 13 states would be necessary to send delegates working on a coordinated plan to stop unfavorable changes if 38 states are required to approve any modification (or, in the case of a runaway convention, a new Constitution). This has both positive and negative aspects (depending on where you sit).
It would be virtually impossible to come up with 13 states that share your political views if you’re a devoted, deep-blue progressive. This makes it highly unlikely that any amendments would be made without completely delaying the convention. Therefore, the small government agenda of the conventions (at least in regards to the subjects where conservatives truly want it small) could only be dulled and not completely blocked.
You’re probably in charge much like Senator Manchin is now if you’re a conservative or centrist Democrat who wants things like term limits, balanced budgets, and perhaps a bit more state autonomy on some topics. The Republicans simply need to split a few delegates from blue or purple states away from the left to gain anything.
Therefore, any plan must be centrist enough to maintain the unity of the coalition of the blue, purple, and light red states. The good news is that everyone who reads CleanTechnica, regardless of political opinion, has plenty of time to consider how we would react should Republicans be successful in starting an Article V Convention. From a progressive standpoint, this is a truly awful reality to face.
Part 2 will examine various strategies that a coalition of left-leaning and skeptic Republicans could employ to make sure that an Article V convention results in a decision that everyone can peacefully accept.
An aerial photo of North America serves as the featured image. image from NASA (Public Domain).
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