Thursday, March 18, 2010

Can the People change the Constitution of the United States?

As I was reading an article about how to propose an Amendment to the Constitution, I ran across an intriguing concept. We all know their are two basic ways to amend the Constitution - having Congress draft the Amendment and then having the States ratify it or have a Constitutional Convention of the States who propose and then approve (either the state conventions or state legislatures) the amendment.

But, one of the framers of the Constitution, James Wilson, endorsed another means. Since the People give the Government the right to exist, then the People should be able to amend the Constitution. Of course, that is not in the current Constitution and, since it hasn't been used before, there is no process on how to do it.

I am proposing an Amendment to the Constitution but am sure that Congress won't even consider it. So, we either have to form a Constitutional Convention or develop the process for the People to amend the Constitution.

Just for your information, here is what I propose as the 28th Amendment:

AMENDMENT XXVIII to the Constitution of the United States of America

Section 1. The twenty-seventh article of amendment to the Constitution of the United States is hereby repealed.

Section 2. No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of representatives shall have intervened and until 51% of the voting public approves said law. A ballot initiative shall be placed on each election of representatives ballot allowing the voting public to either 1) Approve the new Senators and Representatives compensation law or 2) Disapprove the new Senators and Representatives compensation law.

Section 3. Duly elected or appointed Congressional members shall serve no more than twelve (12) full years in the Congress. The maximum limit in service includes time as both Senator and Representative. Senators and Representatives serving at the time of the ratification of this amendment who will exceed the maximum limit in service of twelve (12) years, shall complete the current term.

Section 4. Every law, passed by the Congress, shall be equally applicable to Congress. Any current law that specifically or generally exempts members of Congress or their staffs, shall, unless amended to remove the Congressional exemptions within one (1) year of the ratification of this amendment to the Constitution, be voided and removed as a law of the United States.

What do you think? Would Congress even consider an amendment limiting their powers?

BTW, the 27th Amendment is:

AMENDMENT XXVII
Originally proposed Sept. 25, 1789. Ratified May 7, 1992.
No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of representatives shall have intervened. 

Note: The date of September 25, 1789, is correct. The amendment was initially ratified by 6 states (MD, NC, SC, DE, VT, VA), and the other 8 states excluded, omitted, rejected, or excepted it. The amendment was ratified by various states over time, and in 1992 was fully ratified as an amendment to the Constitution.

So, why am I wanting to change the Constitution? Our Congress has become a home for career politicians who seem to think they know better than I do about everything! 
  • Legislative trickery used to ensure they get their pay raises without even having to vote on them! Disgusting. 
  • Passing restrictive legislation but being sure to 'exempt' Congress from having to follow the law! Unbelievable. 
  • Staying in the same Senate seat for 50 years just because of name recognition and lazy voters. Scandalous. Robert Byrd has been in office since January 1959!
Let's get the ball rolling, People! Let's change the Constitution and limit these thugs in Congress!


PS.
I became very interested in James Wilson while researching this article. Here's a little bit more about him.

James Wilson, of Pennsylvania, was born near St. Andrews, Scotland in 1741 or '42 and died in in Edenton, NC, in 1797. He attended several universities in Scotland before emigrating to the colonies in 1765. Wilson became involved in Revolutionary politics and attended the first provincial assembly. He was elected to both the provincial assembly and the Continental Congress. Wilson reached the apex of his career in the Constitutional Convention (1787), where his influence was probably second only to that of Madison. Rarely missing a session, he sat on the Committee of Detail and in many other ways applied his excellent knowledge of political theory to convention problems. Only Governor Morris delivered more speeches.

William Pierce, of Georgia, wrote short character sketches of each of the delegates. This is what he had to say about James Wilson.

"Mr. Wilson ranks among the foremost in legal and political knowledge. He has joined to a fine genius all that can set him off and show him to advantage. He is well acquainted with Man, and understands all the passions that influence him. Government seems to have been his peculiar Study, all the political institutions of the World he knows in detail, and can trace the causes and effects of every revolution from the earliest stages of the Grecian commonwealths down to the present time. No man is more clear, copious, and comprehensive than Mr. Wilson, yet he is no great Orator. He draws the attention not by the charm of his eloquence, but by the force of his reasoning."

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