Before considering the language of such an amendment, consider that there are only two ways to propose one: Congress or Convention. Although Congress may occasionally put lipstick on a pig, so to speak, it’s not going to propose an amendment to effectively reform the two-party system. Therefore we’re meant to utilize the only alternative, a convention for proposing amendments.
For many decades both Democrat and Republican politicians have told Americans that if a convention were ever held it might runaway into a national catastrophe which removes rights and/or destroys the Constitution itself. Yet, the two-party system, in practicing politics as usual, providing cover for institutionalized corruption, already has become a national catastrophe, already has removed rights, and already ignores the Constitution. Occupy is a political movement in response to this national catastrophe.
In my years as an activist I’ve been involved in one federal lawsuit and one federal criminal case, both concerned with the convention clause of Article V, and I’ve come to know things about a convention which most citizens do not. First and foremost, while a convention does debate and draft amendments, it does not and cannot make those amendments law. For an amendment to become law it must win approval of the states--not a simple majority of states (50%+), but a supermajority (75%+). This requirement of a supermajority demands a healthy mix of different groups and political persuasions. It demands that an idea must have overwhelming and broad support or it will be discarded. This is a principle based on common sense, not the self-destruct button politicians have told us about. In other words, because supermajorities are required for ratification--a special mix of different constituencies--we can trust in that. We can let go and trust the people and the constitutional process as to what amendment would win approval--and if we don’t trust in that, guess who we’re back to trusting?
Groups diverse as Occupy and Tea Party Patriots and others are displeased with the status quo. While these groups may perceive problems differently, the overall level of dissent is sufficient, making the time ripe for fundamental change. Americans from across the political spectrum are ready to exercise the ultimate right--that of Alter and Abolish. In our constitutional republic we’re meant to do that by convoking a convention of state delegates. Occupy could and should lead the way with the idea that amendments need to be discussed on the authority of the Constitution rather than in parks or on the internet; that a convention is a national discussion which the two-party system does not currently have to address and/or react to. Therefore, logically, simply holding convention, and going through the processes, in and of itself alters the current state of affairs while at the same time putting the entire nation through a grand lesson in civics.
Occupy is composed of many groups and many cities. Throughout all these groups/cities are individuals who profess to have amendment language which should be given top priority. What Occupy as a movement must become collectively conscious of now, is that there is no chance any one of these ideas will be proposed to the states without a convention on the authority of the Constitution. Occupy currently has the opportunity to lead
There are two things now required of us--talent and guts. Talent is not a problem, talent is the pride of the nation--we have the talent to hold a convention, we have the talent to construct amendments which can win the approval of supermajorities. The other part is the guts--do we have the guts to make our government address our demands?
The convention clause of Article V has been satisfied, there are hundreds of state applications on record and one session of Congress after the next simply ignores its constitutional obligation to issue the call. All reformations the world over since history began all come down to one thing: a tipping-point. All we need is roughly 15-20 million Americans cognizant of what a convention is, why the two-party system has done everything within its power to prevent one, and how it will deliver us from the institutionalized corruption of today.
If OccupyWallSt put out the call to all other Occupy cities, and they in turn redirected focus in calling for a convention, we will have one, and in a natural progression of events our high law will deliver us from the two-party system.
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