| Time for a Second Constitutional Convention? |
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| Written by Dan Schwartz | |
| Thursday, 18 October 2007 | |
PT speaks with Larry J. Sabato, author of the recently published A More Perfect Constitution. Reminding us of Jefferson’s quote that, “the earth belongs always to the living generation,” Professor Sabato advances 23 proposals in line with Jefferson’s call for a new Constitution every 19 years—including asking the states to call a Constitutional Convention.
PT: The public's attention span is generally not all that long, and even if it weren't, the 23 changes would likely be a stretch. What would be "Larry's Top 5" picks? Sabato: I believe that our government needs such drastic structural alteration that there is only one solution: a Constitutional Convention. Here are my “top five” changes:
PT: PT is not a proponent of "states rights" nor "state sovereignty" (a logical impossibility in a system of divided authority). Though state governments nominally represent an important component in the Framers model, state legislators have been all but reduced to lobbyists in the nation's capitol. Is there a future for the states' reasserting their legitimate constitutional authority in American government? Sabato. A More Perfect Constitution urges that we utilize the second form of constitutional revision in Article V, precisely because the states have a major role in calling the convention. The 34 states needed to petition Congress for a convention can certainly specify the kinds of topics they wish to be discussed at the convention. And, in the end, 38 states will have to ratify anything that comes out of the constitutional convention. The Founders and Framers themselves did not trust Congress, and were much more inclined to trust the states, as am I. The states are not called the “laboratories of democracy” for nothing; most of the good ideas that are adopted nationally come out of the states. PT: Does your proposal to increase the size of the House and the Senate ignore far deeper fault lines within the system? Other than gerrymandering, our reporting has repeatedly found that the structural breakdown doesn't occur until elected officials reach the state capitol or Washington: committee system dominated by the majority party, seniority, antiquated parliamentary rules (e.g., "gut and amend" or "closure"), influence of lobbyists and 'special interests,' and, the leadership's iron grip on dispensing the perks of office from committee assignments all the way down to where a member parks his/her car. How would a larger House or Senate get at these issues? Sabato: You make some very good points, but I would contend that my rearrangement and restructuring of the U.S. House and the U.S. Senate would have some very positive effects on Congress. Wholly apart from the positive impact of eliminating gerrymandering, the larger House and Senate will be more representative of the diversities found in the states. To that extent, I would expect cooperation and commonality to become more prominent.
Isn't the real issue more, "how are presidential candidates selected by the two major parties,” where the process has morphed into candidates hijacking the parties electoral and fund-raising machinery. That raises the next question: “Does the entire superstructure crumble without a means to promote the "virtuous" and able to public office?” (The Framers seem to have thought so.) Sabato. You make some of the same arguments that de Tocqueville and Bryce made in the 19th century. Why don’t the best people run for president, and sometimes other political offices? The stresses and strains on elected officials today are enormous. The press coverage, the intense negative campaigning, the day-in and day-out controversies that cause wear and tear on the elected officials and their families--all of these reasons and many more suggest that we are fortunate so many individuals are still willing to serve. That does not absolve us of our responsibility to try to improve the campaigning and electoral environment, so that we can get more good people to run for office. Finally, I did not spend much time on campaign finance reforms because I have written three other books on the subject, where I have laid out my reform plans. PT: In your introduction, you elaborate “principles and standards” that underlie the Framers’ work and advocate that they remain our “guiding stars” for the process you eloquently describe. Again, PT would suggest that these principles are far broader, as articulated in “Principles of the American Republic” on our website. How would you compare those with the principles you have suggested as well as those which underlie the “23 proposals”? Sabato: Your principles are intriguing and widely supported—not just by me, but by most Americans. I cannot comment on them all, but let me simply say that our common need for a successful society and civilization require that we all give something back; in a fashion that does not contradict our principles and deepest beliefs. I strongly support federalism, not in the narrow sense of “states’ rights,” but in the dynamic, creative design of the American republic. As you note, there is no substitute for civic virtue. We should build up a store of as much civic virtue as possible through good civic education, but also through a thoroughgoing, modern restructuring of the federal government—just as the Framers wanted us to do. I truly believe they would have been disappointed to discover that we were not going to hold any future constitutional conventions. They clearly wanted us to do so, and expected us to do so with regularity. It has been 220 years, and it’s time to start planning for a convention that may be a generation or so away. PT: Thank you for your time, Professor Sabato. Professor Larry J. Sabato is the Robert Kent Gooch Professor of Politics at the University of Virginia, director of their Center for Politics, and a political analyst.
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Comments (108)
  written by David A. Welch, October 23, 2007
Professor Sabato would change our Republic to a Democracy. He would disrupt the representation of the small states as equal partners in the United States Senate. In short the fabric of the United States Constitution would be torn upart, and I shudder at the prospect. We are a Republic and should endeavor to stay that way.
 written by Matt Smyth, October 24, 2007
Thanks for your comments! Prof. Sabato encourages you to read the book to learn more about the ideas he is offering. He is careful to preserve the Republic created by the Framers, while also making it a more representative Republic. The nation has changed quite a bit since the original 13 states came together to form our great country, and the Frames fully expected later generations to update the Constitution as needed. However, we have failed to do that. There are 18 other proposals in addition to the ones mentioned a the beginning of the interview, and you might find that you agree with some of them. To learn more, feel free to visit amoreperfectconstitution.com. Thanks again for sharing your thoughts!
Matt Smyth U.Va. Center for Politics  written by UVA Politico, October 24, 2007
I saw these videos on YouTube about the book and the idea of a Second Constitutional Convention and everyone should hear these ideas straight from the horse's mouth: http://www.youtube.com/larrysabato
 written by Joel S. Hirschhorn, October 25, 2007
Does Larry Sabato Really Want A Constitutional Convention?
Joel S. Hirschhorn Why would a prominent professor supposedly in favor of having the nation’s second constitutional convention organize a symposium where the keynote speaker is dead set against a convention? And why pack the three subsequent panels with people against a convention? I kept asking myself these questions as I attended the recent symposium that Larry Sabato had the audacity to title “National Constitution Convention.” Read the remainder and the full article at: http://www.dailykos.com/story/2007/10/21/14373/755  written by michael f mccarthy, December 13, 2008
At this point we should not take on "obamamania" directly. Most voters were just feed up with Bush and saw McCain as more of the same. Instead, we need to focus on the state legislatures that have voted or are about to vote to call for a new Constitutional Convention. There are already 32 states that have voted to scrap our Constitution and foresake the amendment process. Only two more states are needed to set the stage for states to send delegates to a new constitutional convention. Our God given right to life, liberty and property are at risk. A new Constitution would only benefit the radical agenda.
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In Richard Labunski's, "The Second Constitutional Convention," he not only argues for the need for such a convention and how the internet could be used to organize it, but he also suggests 10 amendments that such a convention should consider.
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In The Second Constitutional Convention: How The American People Can Take Back Their Government, educator and political observer Richard Labunski shows how United States citizens can utilize a long neglected section of the American Constitution to organize a constitutional convention, the first such since the original 1787 convention in which the Constitution was first framed and presented to then fledgling nation. Labunski also shows why such a present-day convention would be desirable to effectively deal with today's rampant cynicism about politics and government, solve the out-of-control and corruptive campaign finance system, reverse the alarming and increasing voter turn declines, the dangers and potential benefits of the Internet for our democracy, and more. The Second Constitutional Convention is "must" reading for anyone who has ever turned away in disgust with the politics and politicians that dominate and control the American government today.
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Professor Sabato changed our Republic to a democracy. He interrupted the representation of small states as equal partners in the Senate of the United States. In short the plot of the Constitution of the United States would be torn upart, and I shudder at the prospect. We are a Republic and should strive to stay that way.
 written by Thomas Wright Sulcer, June 18, 2009
I agree it's high time for a SECOND CONSTITUTIONAL CONVENTION and as a private citizen I have summoned this body to meet in Philadelphia at Independence Hall beginning July 4, 2009, and I am asking Professor Sabato to be one of the delegates.
Numerous scholars besides Dr. Sabato criticize flaws in the Constitution: (1) Awkward transition between presidents; from election day to the inauguration of the next president, there are effectively two presidents -- one in office, one awaiting office, and this allows confusion. (2) Under-representation of voters from populous states in the Senate, as Dr. Sabato points out. (3) DC voters lack representation. (4) Supreme Court has become a politicized institution. (5) Original Constitution fails to include a right of privacy. (6) Possibility of a military dictatorship should a significant terrorist attack happen such as a catastrophic attack on Congress. (7) The Electoral college system is cumbersome and confusing. (  Popular election of senators. (9) Inability to get rid of an incompetent president quickly. Examples: Wilson (suffered from an economic malady); possibly Roosevelt in last years in office; Bush II (clearly incompetent choice to attack Iraq). (10) Life tenure for unelected Supreme Court judges. (11) The Ninth amendment has been seriously ignored. As a private citizen, I am summoning America's leading thinkers to Independence Hall in Philadelphia, beginning July 4th, 2009, to craft a revised Constitution, based on the old one, which (1) restores citizenship as a meaningful relation between people and the state, and between people, with specific responsibilities and privileges (2) prevents tyranny, terrorism, and crime using a general principle of light (explained in my book) (3) restores the federal structure of government so states can regulate their respective economies (this is a natural brake on the growth of legal complexity, because people could move to states which regulated wisely) (4) reduces partisanship in the federal government (5) fixes the flawed foreign policy architecture (currently too much power is invested with one overburdened official, the president; I propose an alternative arrangement) (6) restores a balance of power between branches of government (7) de-politicizes the judiciary ( explores whether a parliamentary system might be better for America and (9) restores American democracy. Amendments won't suffice. So, for these reasons and other reasons, I'm advocating a Second Constitutional Convention to fix these flaws, and as a private citizen, I am summoning delegates to Independence Hall in Philadelphia beginning July 4th, 2009. And I summon Dr. Sabato to be a delegate. Thomas W. Sulcer author of "Common Sense II: How to Prevent the Three Types of Terrorism" (Amazon/Kindle/ Google Books)  written by club penguin, June 29, 2009
There are already 32 states that have voted to scrap our Constitution and foresake the amendment process. Only two more states are needed to set the stage for states to send delegates to a new constitutional convention. Our God given right to life, liberty and property are at risk. A new Constitution would only benefit the radical agenda.
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