Constitutional
Amendment Study and
Consensus
League of Women Voters of Maine
League of Women Voters of Oakland, CA
LWVUS Program 2014 - 2016
Structures of Democracy
Redistricting Task Force
Constitutional Amendment Study
Money In Politics Review
2
Why Conduct Studies?
Consider all sides
Members understand & agree
Position for action
3
Why These? Why Now?
Redistricting
Task Force
Constitutional
Money
Amendment Study
in Politics Review
4
Redistricting: Time to Gear Up for 2021
PA-7, Washington Post
Constitutional Amendment
 Why
this study?
 Public
pressure to amend the Constitution
 Balanced budget
 Citizens United
6
Calls for Constitutional Convention
Balanced budget – 27 states?
Balanced Budget Forever http://balancedbudgetforever.com/progress/
Who?
Money in Politics Review

Add picture
What’s Changed since Buckley?
Mark Schmitt, CNN, 2/16/2015
What’s Changed since Citizens United?
Structures of Democracy
Redistricting
– no deadline
Constitutional
Money
Amendment – 12/1/15
in Politics Review – 2/1/16
12
Study Process
 Discuss
the issues
 Develop
 Submit
consensus
the results
13
Final Steps
 Compile
 Draft
results
final position
 LWVUS
Board approves position
14
This consensus meeting

Facilitator (discussion leader)

Presenter(s) (content expert)

Time keeper

Recorder
15
What is Consensus?

Sense of the members

Not a vote!
16
Agenda
 Welcome
and Introductions
 Orientation
 Part 1: Constitutional amendment process
 Part 2: Constitutional convention process
 Part 3: Balancing questions
 Wrap up and next steps
Ground Rules
 Speaking
time is limited -- use it fairly.
 Everyone is encouraged to share views.
 Every view has merit and will be respected.
 Listen to learn and not to debate.
 Disagreement is welcome.
Ground Rules - continued
 Differences
are useful to the learning process.
 Direct
criticism to the content and not the
person.
 Dissenters
often hold the key to the wisdom of
the group.
 Relax
and participate fully.
Constitutional Amendment Study
 Scope
 Three
parts
How evaluate proposed amendment
Constitutional Convention
League process
20
Proposing Amendments under Article V
EITHER
 2/3
both Houses of Congress
and 3/4 State Legislatures ratify
OR
 2/3
State Legislatures call for Convention
and 3/4 State Legislatures ratify
Ratifying Amendments under Article V
Specified by Congress
EITHER
Ratified
by Legislatures of three
fourths of the States
OR
Ratified
by Conventions in three
fourths of the States
Article V History
 One
Constitutional Convention — 1787
 27
amendments since
 All
27 amendments initiated by Congress
More on Article V
 Not
incorporated into body
 Congress
 No
may set time limits on ratification
Presidential approval required
Warm Up Exercise
 Proposed
amendments: likes and
dislikes
 Current
study = process, not specific
amendments
Constitutional Amendment
 Part
1: Criteria for supporting or
opposing a particular Constitutional
Amendment
26
Part I - Considerations for Evaluating
Constitutional Amendment Proposals
1. Which of the following five
criteria (a-e) should or should not be
a consideration in identifying an
appropriate and well-crafted
amendment?
Part I - Considerations for Evaluating
Constitutional Amendment Proposals
a) Whether the public policy objective
addresses matters of such acute and
abiding importance that the fundamental
charter of our nation must be changed.
Part I - Considerations for Evaluating
Constitutional Amendment Proposals
b) Whether the amendment as written
would be effective in achieving its
policy objective.
Part I - Considerations for Evaluating
Constitutional Amendment Proposals
c) Whether the amendment would
either make our political system more
democratic or protect individual
rights.
Part I - Considerations for Evaluating
Constitutional Amendment Proposals
d) Whether the policy objective can
be achieved by a legislative or
political approach that is less difficult
than a constitutional amendment.
Part I - Considerations for Evaluating
Constitutional Amendment Proposals
e) Whether the public policy objective
is more suited to a constitutional and
general approach than to a statutory
and detailed approach.
Part II - Aspects of an Article V
Constitutional Convention
It’s never been done!
33
Part II - Aspects of an Article V
Constitutional Convention
Lots of open questions!
 What rules?
 Who chooses delegates?
 How many delegates?
 . . . And more
Part II - Aspects of an Article V
Constitutional Convention
2. Which of the following conditions
(a-g) should or should not be in place
for an Article V Constitutional
Convention initiated by the states?
35
Part II - Aspects of an Article V
Constitutional Convention
a) The Convention must be transparent
and not conducted in secret.
Part II - Aspects of an Article V
Constitutional Convention
b) Representation at the Convention
must be based on population rather than
one state, one vote.
Part II - Aspects of an Article V
Constitutional Convention
c) State delegates must be elected
rather than appointed.
Part II - Aspects of an Article V
Constitutional Convention
d) Voting at the Convention must be by
delegate, not by state.
Part II - Aspects of an Article V
Constitutional Convention
e) The Convention must be limited to a
specific topic.
Part II - Aspects of an Article V
Constitutional Convention
f) Only state resolutions on a single
topic count when determining if a
Convention must be called.
Part II - Aspects of an Article V
Constitutional Convention
g) The validity of state “calls” for an Article
V Constitutional Convention must be
determined by the most recent action of
the state. If a state has enacted a
rescission of their call, that rescission
should be respected by Congress.
Part II - Aspects of an Article V
Constitutional Convention
3. Should the League oppose an
Article V Constitutional Convention to
propose amendments to the U.S.
Constitution because of unresolved
questions about the powers and
processes of such a convention?
Part III – Balancing Questions
Balance between League position
and a Constitutional Amendment or
an Article V Constitutional
Convention
44
Part III – Balancing Questions
4. Should the League consider supporting a
Constitutional amendment that will advance a
League substantive position even if:
a) There are significant problems with the
actual amendment as proposed?
Part III – Balancing Questions
4. Should the League consider supporting
a Constitutional amendment that will
advance a League substantive position
even if:
b. It is being put forward by a procedural
process the League would otherwise
oppose?
Good work, everyone!
 Congratulations
on completing the
League of Women Voters Consensus on
the Constitutional Amendment Process