Hotheads Want Constitution To Correct Their Faults

Self-proclaimed purists are back in the saddle again – outraged that George W. Bush won the presidency via constitutional processes, and that President Bill Clinton used constitutional power in his closing hours to pardon lawbreakers with personal connections.

Some Democrats want to abolish the Electoral College (U.S. Constitution Article II, Sec. 1) which elected W. Bush by a narrow margin, even though Al Gore won the popular vote by a narrow margin.

Some Republicans want to restrict a president’s pardoning power ( Sec. 2) with a preliminary review by the Justice Department, or by prohibiting pardons in the last 60 days of a waning term of office.

The Constitution in Article V spells out two ways of amending it: “The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution; or, on Application of the Legislatures of two thirds of the several states, shall call a Convention for proposing Amendments.”

In either case, proposed amendments must be “ratified by the Legislatures of three-fourths of the several states, or by Conventions in three-fourths thereof.”

The preferred way of changing the Constitution is by congressional proposal. All 27 amendments – including the first ten “Bill of Rights” – were so adopted. One of these – the Eighteenth, prohibiting intoxicating liquors – was repealed by the Twenty First Amendment.

Thus, only 15 amendments to the original Constitution are in effect today. These were distilled from more than 12,000 proposed amendments.

It is not likely this closely divided Congress will report out any constitutional amendments for ratification. The alternative method of amending the Constitution – a constitutional convention – has never been tried. Politicians of all persuasions are afraid of it.

A convention in which un-elected citizens could make proposals and vote would empower every special interest known to mankind, plus new ones invented for the occasion.

Imagine the donnybrooks that would occur over abortion rights, prayer in schools, saving whales, campaign finance, right-to-work, or (once again) equal rights for women.

All shooting irons would have to be checked at the door.

A serious effort to convene a constitutional convention was launched in 1967. The U.S. Supreme Court had ruled that both houses of a state legislature must be apportioned equally on the basis of population -- “one man, one vote.”

Illinois Sen. Everett Dirksen, a leading Republican, filed a constitutional amendment proposal that would restore states’ rights to set apportionment rules. A two-thirds majority (67) of the Senate was seven votes short.

Dirksen then lobbied the state legislatures to call for a Constitutional Convention. During the following 18 months, 32 states responded; but that was all. The convention call failed, 34 being required.

In the recent election, Bush carried a majority of states and governorships. It is theoretically possible that disheartened Republicans could organize a Constitutional Convention. However, Dubya is confident that his modus operandi – compassionate conservatism – will succeed without opening a can of worms.

Good approach. The Constitution has served the nation well, as is.

Our Founding Fathers were fed up with arbitrary powers of hereditary kings, and distrusted the historical weaknesses of democracies. Hence, the inspired invention of federated states and checks and balances of political power.

Three types of elections were devised.

The House of Representatives was given the purse strings and direct popular election. State legislatures elected U.S. senators. Electors (wise men) were chosen for the single responsibility of electing a president.

The Electoral College balances big cities with states that provide food and raw materials.

The absolute, presidential power of “reprieves and pardons” guards against excessive punishment of individuals by zealous prosecutors and judges.

We removed one of the checks – and jeopardized the delicate balance – by amending the Constitution to elect senators by popular vote. Thus, there is not a dime’s worth off difference between the two houses.

Tempers are short right now. James Madison, chief architect of the Constitution, gives hotheads useful perspective:

“There are particular moments in public affairs when the people -- stimulated by some irregular passion, or some illicit advantage, or misled by the artful misrepresentations of interested men -- may call for measures which they themselves will afterwards be the most ready to lament and condemn.

“In these critical moments, how salutary will be the interference of some temperate and respectable body of citizens – in order to check the misguided career until reason, justice and truth can regain their authority over the public mind.”

PARTING SHOTS

Bill Clinton is returning $85,000 worth of furniture “inadvertently” hijacked from the White House. Just call him the Send Back Kid.

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James Carville, the Rage-un Cajun political consultant, is in Britain advising Prime Minister Tony Blair on how to get re-elected. The strategy is well tested: deny, attack and change the subject.

Lindsey Williams is a Sun-Herald columnist

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Williams – constconv

Sunday – feb. 18, 2001

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