Thursday, March 18, 2010

The Case for a Constitutional Convention

For 222 years, the United States Constitution has served America well, provided safeguards that(some would say)have protected our institutions, and has been a promising example to up-and-coming nations. Because of these and many other reasons, our constitution has taken on an almost infallible position in many Americans' minds, despite the fact that they despise many individual elements such as the Electoral college and income tax. Generally, the accepted wisdom you often hear is something along the lines of: The Founding Fathers, in all their unending brilliance created a document so unique, so perfect, that America has never witnessed tyranny on the scale of George III ever again. Such a reading of the U.S. constitution distracts from its actual history, some of its concepts, and its shortcomings. The constitution, lest we forget, is essentially a political document. It was forged in a political process, meaning that it was the result of bargains and trades, and many many many things were kicked down the road in the name of convenience (slavery, suffrage, states' rights, etc.) Additionally, the only two avenues for revisions are the amendment process, and the Supreme Court. This made a lot of sense to the Framers, who believed that a government more gridlocked, the better. Given the context in which it was created, I don't blame them. At the time of our Founding, there was no truly free market society in the world, "The Wealth of Nations" was merely 10 years old, and the industrial revolution was yet to come. Without these issues, the problem facing the Founders was ensuring personal freedom against a backdrop of power hungry world leaders.
With the industrial revolution came added problems. We became a nation of laborers and employers, not yeoman farmers and potential kings. While I wholeheartedly believe capitalism is the greatest creator of prosperity and guarantor of personal liberty in the history of the world, it nonetheless always fails to help everybody, and certainly destroys a great deal, especially the freedoms of many Americans. Because of this, unchecked capitalism has created a tyranny of its own and the late nineteenth century is just one of many proofs for this. Almost every other constitution in the world has taken the effects of the Industrial Revolution into account, and I dare say that had Hamilton and Madison lived in the 1890's, they would have too.
Now before Constitutional scholars get their panties in a wad, let's make clear I am not calling for a wholesale rewriting of the constitution. Far from it. Several principles, especially the unitary executive of the Presidency, the tension between states and the Federal Government, and checks and balances are brilliant and would imperil America if they were ignored. What America sorely needs is a streamlined legislature and a constitutional framework that takes capitalism into account. All the changes could be amendments. What I am calling for is a convention (which many states engage in regularly) with all states represented, that can fast track amendments. What should these amendments be, you ask? Below is a list of my personal favorites, many of which I would like to point out are extremely conservative, and extremely liberal. The problems facing the country are beyond the labels of conservative or liberal.

1. A NATIONAL SALES TAX- A national sales tax that would completely replace all Federal income, capital gains, and other taxes. While the tax rate would have to be high (over 30%) many economists agree that doing away with corporate and income taxes would actually lower the cost of goods. The tax would also most likely require a monthly refund for those under the poverty level to make up for the regressive impact of sales taxes.

2. A "RECESSION REACTOR"- A constitutional amendment that would require the slashing of taxes and increases in social welfare spending in the event of a recession (2 or more fiscal quarters of negative growth), levels which would be required to be restored upon positive growth.

3. THE REPEAL OF THE ELECTORAL COLLEGE- Presidents would be elected by the popular vote.

4. CONGRESSIONAL TERM LIMITS- 2 terms in the Senate, 6 in the House.

5. PRIVATIZED SOCIAL SECURITY- The government would continue to deduct from paychecks, but it would go into a "government IRA" which would create a diversified portfolio for all Americans. This would flood the market with new investors, while greatly reducing the government's contribution and allowing it to create a decent pension for those who can't contribute to the government IRA.

6. NATIONAL HEALTH INSURANCE- Either single payer or a public option to increase access and bring down costs.

7. A STREAMLINED CONGRESS- Substantive changes to both the constitutional sections on congress, and the Senate rules (which are not in the Constitution) to bring it closer to a parliamentary system.

2 comments:

  1. Because I'm an asshole a couple of points....Your "recession reactor is absurd" that may not always be the appropriately response and you woudl constitutionally mandate a universal response to varried causes, the lack of liquidity is not always the primary cause of a recession (and sometimes it's better to ride it out look at the 1st Bush Administration's recession and the following economic Boom)

    National healthcare is just not fitting with the individualistic culture we have fostered in the united states

    The electoral college ads value to the union....it does this by forcing presidential candidates to not blow off small states and accept the wishes of a wide variety states taht would otherwise be ignored (read: NH, NM, and NV)

    We have term-limits they're called elections.....also you're consciously attempting to overturn democracy by mandating term limits (what if i want to be represented by the same guy for 20 years, why not?)

    And why do you want to constitutionally encode process? Seriously that's freakin' retarded. I mean dude, all you need is a senate vote to change that process. Furhtermore, you're ignore the fact that the legislative clog of the US Senate is one of our nations great strengths. It ensures that the role of government is not wholly subject to the whim of the day. This allows business, individuals, and other organizations to engage in more effective long-term planning knowing that government policy will not suffer a radical shift in the next administration. Furthermore, this lessens the incentives for businesses to heavily corrupt the political process.

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  2. also the last state constitutional convention in the united states was over 30 years ago

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