Constitutional Amendment Study

and ConsensusLeague of Women Voters of Maine

League of Women Voters of Oakland, CA

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LWVUS Program 2014 - 2016Structures of Democracy

Redistricting Task Force

Constitutional Amendment Study

Money In Politics Review

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Why Conduct Studies?

Consider all sides

Members understand & agree

Position for action

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Why These? Why Now?

Redistricting Task Force

Constitutional Amendment Study

Money in Politics Review

PA-7, Washington Post

Redistricting: Time to Gear Up for 2021

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Constitutional Amendment

Why this study?

Public pressure to amend the Constitution

Balanced budget Citizens United

Calls for Constitutional Convention

Balanced budget – 27 states?

Balanced Budget Forever http://balancedbudgetforever.com/progress/

Who?

Money in Politics Review

Add picture

What’s Changed since Buckley?

Mark Schmitt, CNN, 2/16/2015

What’s Changed since Citizens United?

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Structures of Democracy

Redistricting – no deadline

Constitutional Amendment – 12/1/15

Money in Politics Review – 2/1/16

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Study Process

Discuss the issues

Develop consensus

Submit the results

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Final Steps

Compile results

Draft final position

LWVUS Board approves position

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This consensus meeting

Facilitator (discussion leader)

Presenter(s) (content expert)

Time keeper

Recorder

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What is Consensus?

Sense of the members

Not a vote!

Agenda

Welcome and IntroductionsOrientationPart 1: Constitutional amendment

processPart 2: Constitutional convention

processPart 3: Balancing questionsWrap up and next steps

Ground Rules

Speaking time is limited -- use it fairly.Everyone is encouraged to share views.Every view has merit and will be

respected. Listen to learn and not to debate. Disagreement is welcome.

Ground Rules - continued

Differences are useful to the learning process.

Direct criticism to the content and not the person.

Dissenters often hold the key to the wisdom of the group.

Relax and participate fully.

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Constitutional Amendment Study

ScopeThree parts

How evaluate proposed amendment

Constitutional ConventionLeague process

Proposing Amendments under Article V

EITHER

2/3 both Houses of Congress

and 3/4 State Legislatures ratify

OR

2/3 State Legislatures call for Convention

and 3/4 State Legislatures ratify

Ratifying Amendments under Article VSpecified by Congress

EITHERRatified by Legislatures of three fourths of the States

ORRatified by Conventions in three fourths of the States

Article V History

One Constitutional Convention — 1787

27 amendments since

All 27 amendments initiated by Congress

More on Article V

Not incorporated into body

Congress may set time limits on ratification

No Presidential approval required

Warm Up Exercise

Proposed amendments: likes and dislikes

Current study = process, not specific amendments

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Constitutional Amendment

Part 1: Criteria for supporting or opposing a particular Constitutional Amendment

 

Part I - Considerations for Evaluating Constitutional Amendment Proposals

1. Which of the following five criteria (a-e) should or should not be a consideration in identifying an appropriate and well-crafted amendment?

Part I - Considerations for Evaluating Constitutional Amendment Proposals

a) Whether the public policy objective addresses matters of such acute and abiding importance that the fundamental charter of our nation must be changed.

Part I - Considerations for Evaluating Constitutional Amendment Proposals

b) Whether the amendment as written would be effective in achieving its policy objective.

Part I - Considerations for Evaluating Constitutional Amendment Proposals

c) Whether the amendment would either make our political system more democratic or protect individual rights.

Part I - Considerations for Evaluating Constitutional Amendment Proposals

d) Whether the policy objective can be achieved by a legislative or political approach that is less difficult than a constitutional amendment.

Part I - Considerations for Evaluating Constitutional Amendment Proposals

e) Whether the public policy objective is more suited to a constitutional and general approach than to a statutory and detailed approach.

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Part II - Aspects of an Article V Constitutional Convention

It’s never been done!

Part II - Aspects of an Article V Constitutional Convention

Lots of open questions!What rules?Who chooses delegates?How many delegates? . . . And more

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Part II - Aspects of an Article V Constitutional Convention

2. Which of the following conditions (a-g) should or should not be in place for an Article V Constitutional Convention initiated by the states?

Part II - Aspects of an Article V Constitutional Convention

a) The Convention must be transparent and not conducted in secret.

 

Part II - Aspects of an Article V Constitutional Convention

b) Representation at the Convention must be based on population rather than one state, one vote.

Part II - Aspects of an Article V Constitutional Convention

c) State delegates must be elected rather than appointed.

Part II - Aspects of an Article V Constitutional Convention

d) Voting at the Convention must be by delegate, not by state.

Part II - Aspects of an Article V Constitutional Convention

e) The Convention must be limited to a specific topic.

Part II - Aspects of an Article V Constitutional Convention

f) Only state resolutions on a single topic count when determining if a Convention must be called.

Part II - Aspects of an Article V Constitutional Convention

g) The validity of state “calls” for an Article V Constitutional Convention must be determined by the most recent action of the state. If a state has enacted a rescission of their call, that rescission should be respected by Congress.

Part II - Aspects of an Article V Constitutional Convention

3. Should the League oppose an Article V Constitutional Convention to propose amendments to the U.S. Constitution because of unresolved questions about the powers and processes of such a convention?

 

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Part III – Balancing Questions

Balance between League position and a Constitutional Amendment or

an Article V Constitutional Convention

Part III – Balancing Questions

4. Should the League consider supporting a Constitutional amendment that will advance a League substantive position even if:

 a) There are significant problems with the actual amendment as proposed?

Part III – Balancing Questions

4. Should the League consider supporting a Constitutional amendment that will advance a League substantive position even if:

b. It is being put forward by a procedural process the League would otherwise oppose?  

Good work, everyone!

Congratulations on completing the League of Women Voters Consensus on the Constitutional Amendment Process