this post was submitted on 20 Jan 2025
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[–] eran_morad 8 points 1 week ago (1 children)

It should be rewritten completely. But we Americans are too simple a people to take on the task.

[–] AbidanYre 6 points 1 week ago (1 children)

Given who's in charge of most states at the moment, a rewrite probably isn't going to turn out very well.

[–] Boddhisatva 2 points 1 week ago

You're right and we're not that far from the absolute chaos that will come with a new Constitutional Convention.

Article V of the Constitution of the USA

The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.

If two thirds of the state legislatures call for it, there will be a new convention to propose amendments to the constitution. Currently, there are four groups pushing states for a new constitutional convention; the Balanced Budget Amendment campaign, the Convention of States campaign, the Wolf-PAC campaign, and the term limits campaign. These groups have it total convinced 28 states to call for it. They need just six more states. It could happen during Trump's term because the right has been pushing for one for a long time. Here's why it would be a mess.

But here’s the catch: there are absolutely no rules for an Article V Convention outlined in the Constitution.

That means the group of people convening to rewrite our Constitution could be totally unelected and unaccountable. There is nothing that could limit the convention to a single issue, so the delegates could write amendments that revoke any of our most cherished rights – like our right to peaceful protest, our freedom of religion, or our right to privacy. There are also no rules preventing corporations from pouring money into the convention to ensure they get their way.

In short, an Article V Convention would be a disaster. It would lead to long and costly legal battles, uncertainty about how our democracy functions, and likely economic instability.