Interesting People mailing list archives

United States Constitution -- 21st Century Convention


From: "Dave Farber" <farber () gmail com>
Date: Wed, 19 Jul 2017 12:33:28 -0400




Begin forwarded message:

From: Eric Grimm <ecgrimm () me com>
Date: July 19, 2017 at 8:23:09 AM EDT
To: dave () farber net
Subject: United States Constitution -- 21st Century Convention

Hello, Dave.

I'm not sure if this was previously a topic of discussion on your list last year or not.  I  just resubscribed and 
was out of the loop for some time.  I apologize if the news is old.  

I wager my question is not.

Last September, in Williamsburg, the American Legislative Exchange Council (ALEC) held what amounts to a 
dress-rehearsal or dry run for calling and then running a Convention to replace the United States Constitution:

https://www.alec.org/article/article-v-simulation/ 

The last time a convention was held (September 1787), initially multiple drafts were presented and ultimately 
Madison's draft (the Virginia Plan) became the template.

If such an event were to come to pass in 2017 or 2018 (states calling a new Convention), presumably it makes some 
sense to have multiple proposals (not just the ALEC proposal) to present to the Convention.

From my personal perspective, I would like to see one or more proposals drafted in as transparent a way as possible, 
with as much input from as many smart (or just opinionated) people as possible from across the political spectrum.

Other readers perhaps know better than I do whether the software developed by FSF for hammering out the GPL v.3 would 
be suitable for crowdsourcing a proposed Constitution (or several proposals) to present to a Convention, if one just 
happened to be called ... say, prior to the 2018 election, perhaps.

I would also be interested in hearing from people interested in Con Law, what good questions are to ask and consider 
as part of such a drafting process.

I don't claim to have all the right answers, but I would like to gather the best questions, and have a lot of 
cognitive firepower try to come up with the best solutions we can.

The Electoral College has to go, more likely than not.

And we are probably better off with something other than winner-take-all Congressional seats, that drive politics 
into two-party polarization.

But what about the power to "coin" money?  Perhaps a cryptocurrency update is in order.

Some are likely to hold strong opinions about the replacement of Austin v. Michigan Chamber of Commerce, with the 
inconsistent later precedents of Citizens United and McCutcheon v. FEC.

Would it make sense to form a working group to start an open and transparent process of crowdsourcing the preparation 
of a 21st Century constitution for the digital age?

I would be eager to hear from your readers, and anyone else who catches wind of this proposal, how best to organize 
such a project.

Thanks so much!!!

Eric C. Grimm
Eric C. Grimm, PLLC
734.717.4900
ecgrimm () umich edu



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