A new Constitutional Convention is a very bad idea | Opinion – Knoxville News Sentinel

Posted: September 15, 2022 at 10:03 pm

Many scholars fear it might go far beyond tinkering. Who knows what forces would be unleashed? The rewrite might change the rules for ratification.

William Lyons| Guest columnist

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Knoxville News Sentinel

Yes, as many gratuitously say, the Constitution is not perfect. One wonders what a perfect document to outline and limit the role of government would look like. Perfection isnt an option. But disaster is.

Its flaws to some are its strengths to others. Its system of checks and balances slows things down, often to the point ofgridlock. But it does a lot to prevent a runaway executive or an out-of-control Congress. Its basis in federalism ensures state sovereignty that serves as a buffer against centralized national power. It also provides outsized influence to smaller states in the Senate and Electoral College.

Constitution Day was is Sept.17. This is the year to pay more attention. The founding document has been recognized, celebratedand ignored for decades. Now it's not so much ignored as misunderstood.

It is getting a lot more attention lately. Yes, thats good news and bad news. It's both in that more people than ever have opinions. Whats not so good is that many strong opinions on all sides are not grounded in history. Or an understanding of what a constitution can do, and cant do.

The Founding Fathersrecognized the inherent imperfection of any governing document. They provided for amending it. The idea wasn't to make change too difficult, but difficult enough to avoid the immediate passions of the moment. There have been only 27 amendments, and only five since 1960.

The Constitution provides that an amendment may be proposed either by the Congress with a two-thirds majority vote in both the House of Representatives and the Senate or by a Constitutional Convention called for by two-thirds of the state legislatures. The second method has never been used. Some are talking about using it now.

A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 of 50 states). The process mitigates against any wholesale, systemic change in favor of a series of focused, limited adjustments.

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But these adjustments matter a lot. The post-Civil War 14th Amendment removes the ability of any state to deny equal protection or due process to individuals. Yes, it took until 1954 and Brown v. Board of Education, but states were no longer free to segregate their schools. States had to provide attorneys for those charged with serious crimes. Federalism, sure, but the national Constitution makes clear that it trumps state Constitutions and state laws.

A smallbut growing number of politicians and critics are making the case that it's time for a new Constitution. They see the amendment process as slow and piecemeal at best. As with so much that has gone astray, the constitutional mischief-makers live on the extremes of the political spectrum.

Some Republicans have been concerned for years and want a chance for a rewrite that limits the national government. Now progressives are singing from the same hymn book. They want to go in the other direction, most notablyto get rid of the Electoral College system that gives smaller states disproportionate influence. The verses differ dramatically, but the chorus is the same. Our Constitution is flawed and needs a full rewrite.

So whats so bad about calling for a new Constitutional Convention? Many scholars fear it might go far beyond tinkering. Thats basically what happened when the founders gathered to revise the existing Articles of Confederation. The revision turned into a total rewrite.

Of course, any total rewrite would have to get the approval of 38 states. That would seem to rule out anything too drastic in either direction. But who knows what forces would beunleashed?The rewrite might change the rules for ratification. This is not solid ground.

Imagine the social media flood of venom. Imagine the CNN, FOX, MSNBC talking-head exhortations. The Hippocratic oath merits an expansion to government. First, do no harm. Going down this road might do great damage.

William Lyons is Director of Policy Partnerships for the Howard Baker Jr. Center for Public Policy and Professor Emeritus of Political Science at the University of Tennessee. He also served as Chief Policy Officer for Knoxville Mayors Bill Haslam, Daniel Brown and Madeline Rogero.

The views and opinions expressed are those of the author and do not necessarily reflect the official policy or position of the Howard Baker Jr. Center for Public Policy or the University of Tennessee.

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A new Constitutional Convention is a very bad idea | Opinion - Knoxville News Sentinel

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