The Opportunity and the Deeper Problem
We begin with the happy assumption the Democrats will control the Presidency and at least one of the two congressional chambers in 2029. It’s hopefully going to happen despite MAGA’s clear intent to engage in election interference. After all, the polls indicate deep public resentment of today’s Republican policy choices. Election of a new President and a less intransigent Congress!
I’m guessing any disagreements the speakers will have is about focus, not substance. That said; what is the best way to utilize the hypothetical new opportunities provided? The temptation is to say we’ve got a bad guy. All we need is a good guy and everything will be fine. There’s a problem with that. A big one. We don’t have a Constitution we can live with. Unless you’re okay with electing presidents who lose the vote of the people; okay with presidents possessing totally unchecked emergency powers; okay with executive usurpation of congress’ powers to budget, tax and deliberate before making war; okay with racially gerrymandered congressionaldistricts; okay with a lifetime-appointed, politically dominated Supreme Court and a politically captured Department of Justice; and okay with unlimited and unidentifiable campaign contributions.
The Constitution and the Founders’ Process
Our current Constitution has lost the wisdom about responsible, sustainable governance, acquired by the founders of our republic when they proposed a constitution at Independence Hall in 1787 Philadelphia.
Please note, for now, because it’s super-important: The Founders didn’t adopt a constitution; they proposed one to be adopted later by a Continental Congress controlled by individual states. The Federalist Papers argued before the states in favor of the Philadelphia Independence Hall recommendations — for adoption — but the states insisted on adding something they deemed important — called a Bill of Rights. Ten amendments. That combination became the Constitution, not just the draft recommendations approved in Philadelphia.
The Philadelphia Convention Was a Revision Commission
So, the Philadelphia Convention at Independence Hall was really not a definitive constitutional convention of the kind defined in Article Five of today’s US Constitution. It was only a constitution revision commission, or more accurately, an Articles of Confederation revision commission. It’s a very important fact that’s usually overlooked. Our proposed Constitution was eventually adopted by the states.
Constitutional Reform in Historical Context
Now, there has been just one federal constitutional convention. Meanwhile, the states have held 233 conventions to revise their constitutions! Most were preceded by commissions created and appointed by state governments. We’ve never had an officially created and appointed federal constitution revision commission. Never!
We know the US Constitution must be amended. But the assumption that we cannot revise our system because of the formidable barriers to constitutional amendment — approval of 3/4ths of the states — in my political judgment, is incorrect.
A Day One Priority
Legislative action a new President and his new Congress should take on Day One is to lay the statutory groundwork for constitutional reform. The rest — reversing as many of the Trump actions as we can — is vitally important, but only a transitory solution. Momentum toward updating our Constitution is essential.
Submitted by Barry Keene
In response to the question: It is January 20, 2029 and a new President is inaugurated. If the new President asks you for advice, what do you think should be the first steps toward restoring a functional constitutional republic?