CONNECTICUT: BATTLE FOR DIRECT DEMOCRACY HEATING UP

A debate is raging in Connecticut, ironically known as "The Constitution State," over a measure on the Nov. 4th ballot that would call for a constitutional assembly to propose amendments to the state's constitution. On one side of the debate are those in favor of the convention, such as the Connecticut Constitutional Convention Campaign whose stated reason for being in favor is solely to bring initiative, referendum, and recall to Connecticut by means of the convention. They are joined by, or opposed by, a flurry of special interest groups who, regardless of their stance on the convention, seem to be missing the essential point: that initiative & referendum would allow the entire electorate to decide on legislation relevant to these interests in a truly direct democratic fashion. Whether they are those who favor the convention because they wish to ban gay marriage through referendum , or public employee unions that are opposed to the convention because an initiative process could potentially threaten the power structure and flow of revenues that sustains their organizations, these special interest groups apparently have no reverence for the only meaningful motive for bringing intitiative, referendum, and recall to the state: to entrust legislative power to the people where it belongs through direct democracy. Instead, the opposition has raised nearly a million dollars to launch a "NO" campaign against the "YES" camp's twelve thousand dollar budget, and the special interests on the "YES" side continue to obscure the core argument for direct democracy that is behind the movement. They should all put their interests aside and take the opportunity to grant the people the power to decide. - Editor

Three articles on the subject follow.

Here also are the main opposing websites: http://www.ctvoteno.org/home http://www.ctconcon.com/index.html

Constitutional Convention: False hope or direct democracy?

by Christine Stuart October 22, 2008 11:19 PM
Posted to General News
Source: http://www.ctnewsjunkie.com/general_news/constitutional_convention_fals.php

Ed Pilkington of Manchester walked into Hartford Public Library Wednesday night not knowing how he would answer November’s ballot question: “Shall there be a Constitutional Convention to amend or revise the Constitution of the State?”

After hearing more than an hour of debate between three panelists against a constitutional convention and two panelists in favor of it, Pilkington walked out of the library thinking he would be voting ‘Yes’ to the question in November.

However, Pilkington didn’t necessarily agree with the motives of constitutional convention proponents.

Proponents of the convention would like to see the constitution amended to include direct initiative or ballot referendum, which would give citizens a way in which to petition public policy issues directly onto a ballot.

Pilkington said he thinks it may be a healthy exercise for the state to open up the constitution every few decades and take a look at it. He said if the question passes he’ll be sure to let his legislators know that’s why he voted in favor of it.

Pilkington said after hearing Matthew Daly, Constitution Convention Campaign chairman, talk about the 1965 convention and how only two of the 259 proposals made it out of the convention, in addition to knowing that the legislature would appoint the delegates to the convention, “made me feel comfortable.”

Frank O’Gorman, of People of Faith, said all you have to do is look at ballot initiatives being proposed in other states, like Colorado where voters will decide this November if a fertilized egg should be given inalienable rights, to see how dangerous voting in favor of a constitutional convention would be. He said proponents of a constitutional convention and direct initiative “are abridging the principles of what makes a constitution, a constitution.”

John Woodcock, Constitution Convention Campaign vice chairman, said the ‘Yes’ campaign is issue neutral. He said thinking its about one issue or another is exactly what the ‘No’ people want and “we refuse.”

Woodcock, a former Democratic state legislator who is credited with authoring the state’s first Lemon Law, said some of the most important laws in this country were passed by direct initiative. He said 13 states gave women suffrage before the 19th Amendment, six states passed public campaign finance laws, eight have approved medical marijuana laws, and six states have used it to increase the minimum wage.

Attorney General Richard Blumenthal, who is not in favor of a convention, said “my main worry about the convention is that it raises false hopes.” He said he thinks the people in favor of the convention are picturing a town hall meeting where everyone will attend and have a vote.

“I think a constitutional convention is like an empty vessel and everybody pours into it their hopes,” Blumenthal said. “And I think those hopes would be dashed. I think the idea raises very false expectations. And I think nothing illustrates that point better than the unresponsiveness of the legislature being a reason for the constitutional convention, and then the emphasis on the leadership of the legislature being the ones to choose the delegates.”

As a former legislator, Woodcock said he knows the General Assembly would never amend the constitution itself. He said there’s “institutional hostility by the legislature to giving people the right to ballot petition.”

“It’s never gonna happen,” Woodcock said. “It has to happen now or 20 years from now.”

The constitution says voters must be asked the question about a convention every 20 years. The last convention the state held was in 1965.

Kim Knox, constitutional scholar and lawyer at Horton, Shields, and Knox, said the constitution is a stable continuous body of law, which is succinct and 10,000 words.

Knox said she thinks people need to differentiate between statutes, which “can bend with the wind,” and the constitution. She said amendments are a way the constitution has some flexibility, but the amendment process wasn’t intended to be easy.

Many in the audience Wednesday expressed frustration with unresponsive elected officials.

If people have issues with an unresponsive legislature then “you all have a say in that. Every election you have a say,” Knox said. “Do we need to take the risk of a convention?”

Blumenthal said the state constitution has been amended by the General Assembly 30 times since 1965.

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Constitution question creates conflict

By Devon Lash
Staff writer
Article Last Updated: 10/23/2008 11:44:50 PM EDT
Source: http://www.connpost.com/localnews/ci_10800144

STAMFORD -- A simple question on Connecticut's ballot Nov. 4 is polarizing advocacy groups, forcing legislators to choose sides and setting off a debate about the very definition of democracy.

Voters will decide if the state will hold a convention to amend or revise its constitution.

The Connecticut Constitutional Convention Campaign promotes voting yes for a convention to re-examine the constitution and allow appointees to propose amendments.

The group has raised about $12,000, and counts Gov. M. Jodi Rell, the Catholic Conference, the National Taxpayers Union, the Federation of Connecticut Taxpayers and the Green Party among its supporters.

The opposing Vote No Campaign, which raised about $829,350 as of last month, is backed by 45 organizations, 70 clergy members, Attorney General Richard Blumenthal, U.S. Rep. Christopher Shays, R-4, of Bridgeport, and his Democratic challenger Jim Himes, of Greenwich, Bridgeport Mayor Bill Finch and Darien First Selectwoman Evonne Klein.

The Vote No Campaign held a 45-minute news conference Thursday at the Stamford Government Center with Mayor Dannel Malloy and representatives from the state League of Women Voters and the United Auto Workers union to urge the public to vote no.

"There is no compelling need for a convention," Peggy Shorey, the campaign manager for Connecticut Vote No, told the 20 people in attendance. "We already have a process in place to amend our constitution -- the legislative process."

Yet the Connecticut Constitutional Convention Campaign said a convention will raise a very compelling need -- a system of direct initiative, enabling voters to petition to get issues on the ballot.

"We're one of only 19 states that doesn't have direct initiative," said John Woodcock, vice chairman for the Connecticut Constitutional Convention Campaign. "There needs to be a mechanism available so people can have their voice heard."

Other groups, such as the Family Institute of Connecticut, have joined the convention campaign in hopes that enacting direct initiative would eventually allow voters to directly weigh in on the group's pet projects, which for the Family Institute is a constitutional amendment banning same-sex marriage, executive director Peter Wolfgang said.

Earlier this month, the state Supreme Court decided 4-3 to overturn the ban on same-sex marriages.

Malloy said a convention is the "worst way" to amend state law.

"The constitution has been amended some 30 times since 1974 -- without a constitutional convention," he said.

In calling for a convention, Shorey said taxpayers won't get to decide who will attend or what will be proposed.

"None of these people will be elected," she said. "The politicians in Hartford will appoint lobbyists, special interest groups and party operatives. Any part of the state constitution is on the table for change."

Woodcock said there is little danger the process won't be responsible because the public votes on all the proposals suggested by convention delegates.

For example, at the last constitutional convention in 1965, 259 proposals were submitted and two were approved, he said.

"This is a rare opportunity for the public to directly say, 'Let's take a look at our constitution,' " said House Minority Leader Lawrence Cafero Jr., R-Norwalk.

Bob Madore, regional director of the UAW, said his concern is for the burden such a convention would place on taxpayers.

"Folks can't afford gas, oil and food," he said. "The public is going to be burdened with the cost."

Shorey estimated hearings, staff and meetings would result in a cost of "hundreds of thousands" of dollars.

Both groups said they plan to advocate for their cause through debates and advertisements for the next 12 days.
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Scare tactics used to avert convention

By Chris Powell
Published: Thursday, October 23, 2008 10:23 AM EDT
Source: http://www.journalinquirer.com/articles/2008/10/23/chris_powell/doc4900878ec9dc0687500633.txt

More political hysteria has come from the campaign against Connecticut's referendum on calling a state constitutional convention than from all the other campaigns in the state this year combined.

It is said that a constitutional convention would be dominated by special interests; that it would destroy civil liberties; that it would bankrupt the state by allowing too much government spending or choke the state by preventing spending; and that it would create chaos by establishing initiative and referendum, by which the public could make law directly.

So what could have been going through the heads of the supposed crackpots who wrote the state Constitution at the last convention, in 1965, when they included the requirement for asking the people at referendum every 20 years whether they wanted to call another convention? And what could have been going through the heads of the supposed crackpots who then inhabited the state when they voted overwhelmingly for that Constitution? If a convention is so dangerous, why regularly ask the people if they want to call one?

The supposed crackpots at the 1965 convention were actually the foremost members of Connecticut's political establishment, drawn equally from the two major political parties. And the supposed crackpots who enacted the convention's work, the new state Constitution, included the parents and grandparents of many of the people who inhabit the state now. Were they all really that nutty? Or did they just recognize the possibility that government occasionally might get so sclerotic as to need outside prompting for reform?

In fact, by itself a constitutional convention can do none of the scary stuff cited by the propaganda against it. A convention can only propose amendments to the Constitution. The people themselves then would determine at referendum whether to accept such amendments. And while some people are advocating a convention for reasons of specific policy -- like establishing initiative and referendum; changing Connecticut's binding arbitration system for public employee union contracts; and overthrowing same-sex marriage, recently elevated to a constitutional right by the state Supreme Court -- there is little telling what a convention would do.

For it is a long way from calling a convention to getting it even to discuss any particular issue.

Calling a convention is only the first step. Selecting the delegates would be the next, and the manner of selecting delegates would be left to the governor and General Assembly to decide by legislation. For the 1965 convention, summoned mainly to bring legislative districting into compliance with the new federal "one man, one vote" standard, delegates were elected by the people, chosen from statewide slates nominated by the major political parties. But the governor and legislature could legislate for delegates to be chosen in other ways -- even by appointment rather than by election.

And then any constitutional amendments proposed by the convention would be sent to the people for decision at referendum.

The loudest argument being made against calling a convention is also the most bogus: that a convention would be dominated by special interests. Since the method of choosing delegates is not yet known, there is no evidence for such a claim. Meanwhile the main argument in favor of calling a convention is that Connecticut's regular legislative process -- that is, the General Assembly -- is already so dominated by special interests that public-interest legislation has little chance.

The proof of this is in the groups on opposing sides of the convention issue. The supporters of calling a convention are mainly the Federation of Connecticut Taxpayer Organizations and the Family Institute of Connecticut, the latter lately joined by the state's Catholic bishops. These groups have raised only a few thousand dollars for their campaign. Opposed to calling a convention are mainly a bunch of public employee unions, led by the Connecticut Education Association, the state teachers union, which have raised close to a million dollars and thus are sponsoring television commercials.

That is, the public employee unions are happy with state government; taxpayer groups are not. Who is the "special interest"?

Besides, even if a constitutional convention was called, it would be very unlikely for anything to come of it. Dominated by the public-employee unions, the legislature probably would rig the delegate-selection process in favor of them. No, votes to call a convention will be little more than idle protests. And yet these protests will be justified by the hysterical resentment they already have aroused.

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Chris Powell is managing editor of the Journal Inquirer.

TIME FOR AN ARTICLE V CONVENTION?

The founding fathers included in our nation's constitution many safeguards against abuses of power, one of which we may not all be familiar with, perhaps because it has never been invoked. The following article discusses Article V of the U.S. Constitution which provides for the calling of a constitutional convention of delegates from each state that has the function of amending the constitution. It is triggered when the legislatures of two thirds of the states formally request it. The founding fathers saw this as a way for the states to correct imbalances of power in the federal government. In our nation's history the requirement for calling the convention has been met, but the congress has never recognized it by convening the Article V convention. Similar conventions have been held at the state level however, and the historical results have been more direct democracy in many states through the introduction of initiative & referendum. See the following website to learn more about why many are advocating an Article V convention at this time to acheive similar reforms at the federal level: www.foavc.org

When the Federal Government Fails the People

by Joel S. Hirschhorn
Source: http://www.opednews.com/articles/When-the-Federal-Governmen-by-Joel-S-Hirschhorn-081014-415.html

The hardest thing for Americans to do right now in this presidential election season is to fight distraction and, instead, focus on the failure of all three branches of the federal government. And also to resist the propaganda masquerading as patriotic obligation that voting will fundamentally fix the federal government. The real lesson of American history is that things have turned so ugly that electing a new president and many new members of Congress will at best provide band-aids when what is needed is nothing less than what Thomas Jefferson wisely said our nation would need periodically: a political revolution.

The basis for this view is that the institutions of the three branches have been so corrupted and perverted that they no longer meet the hopes and aspirations embedded in our Constitution.

It is easy to condemn George W. Bush as the worst president in history. The larger truth is that the presidency has accumulated far too much power over the past half century. This has resulted from the weakening of the Congress that no longer, in any way, has the power of an equal branch of government, not that any recent Congress has shown any commitment or capability to execute its constitutional authorities. Concurrently, we have become accepting of a politicized Supreme Court that has not shown the courage to stop the unconstitutional grabbing of power by the presidency and in 2000 showed its own root failure in choosing to select the new president.

Worst of all, modern history has vividly shown Americans that the federal government has usurped the sovereignty of the “we the people” and of the states, and has even sold out national sovereignty to a set of international organizations and the greed of corporate-crazed globalization.

The current economic and financial sector meltdown is just another symptom of deep seated, cancerous disease of government that has sold out the public because of the moneyed influence of the corporate and wealthy classes of special interests. The serious disease is a long festering unraveling of the constitutional design of our government. Each of the three branches of the federal government is totally unequal to each other and completely incapable of ensuring the constitutional functioning of each other. Checks and balances have become a fiction.

These sad historic realities have been produced because of an all too powerful and corrupt two-party political machine that has prevented true political competition and real choices for voters. This two-party system has thrived because of corruption from money provided for Democrats and Republicans to maintain the status quo that is the ruination of our constitutional Republic.

Yet the hidden genius of the Founders and Framers was to anticipate how the Republic would most likely unravel under the pressures of money and corruption. Unknown to nearly all Americans is a part of the Constitution that all established political forces have worked hard to denigrate over our entire history. They fear using what is provided as a kind of escape clause in the Constitution, something to use when the three branches of the federal government fail their constitutional responsibilities. What is this ultimate solution that those who love and respect our Constitution should be clamoring for?

It is the provision in Article V to create a temporary fourth branch of the government – in the form of a convention of state delegates – that operates outside the control of Congress, the President and the Supreme Court, and that has only one single function: to consider proposals for constitutional amendments, just like Congress has done over our history, but that must also be ratified by three-quarters of the states. One of the most perplexing questions in American history that has received too little attention is simple: Why have we never had an Article V convention?

One possible answer might be that what the Constitution requires to launch a convention has never been satisfied. But this is not the case. The one and only requirement is that two-thirds of state legislatures apply to Congress for a convention. With over 600 such state applications from all 50 states that single requirement has long been satisfied. So why no convention?

Because Congress has refused to honor the exact constitutional mandate that it “shall” call a convention when that requirement has been met. Simply put, Congress has long broken the supreme law of the land by not calling a convention, and virtually every political force on the left and right likes it that way. Why? Because they have learned to corrupt the government and fear an independent convention of state delegates that could propose serious constitutional amendments that would truly reform our government and political system to remove the power of special interests and compel all three branches to follow the letter and spirit of the Constitution.

With great irony, the public has been brainwashed to fear an Article V convention despite many hundreds of state constitutional conventions that have never wrecked state governments, and that in countless cases have provided much needed forms of direct democracy that have empowered citizens and limited powers of state governments.

There is only one national, nonpartisan organization with the single mission of educating the public about the Article V convention option and building demand for Congress to convene a convention. It is the Friends of the Article V Convention group that has done something that neither the government nor any other group has ever done; it has been collecting all the hundreds of state applications for a convention and making them available to the public at www.foavc.org.

With a new president and many new members of Congress, now is the ideal time for Americans that see the need for obeying the Constitution and seek root reforms to rally behind this mission of obtaining the nation’s first Article V convention. The new Congress in 2009 should give the public what the Constitution says we have a right to have and what Congress has a legal obligation to provide. Always remember that the convention cannot by itself change the Constitution, but operating in the public limelight it could revitalize what has become our delusional and fake democracy. The main thing to fear is not a convention, but continuation of the two-party plutocracy status quo. Sadly, no presidential candidate, not even third-party ones, has spoken out in support of Congress obeying the Constitution and giving us the first Article V convention.

SUGGESTIONS FOR A NEW CALIFORNIAN CONSTITUTION

The following article calls for a constitutional convention to update the constitution of the state of California. This would be a worthwhile effort if the objective is to strengthen and reform the direct democratic institutions enshrined in the constitution rather than an opportunity for opponents to weaken them and try to trun back the clock on California's tradition of Initiative & Referendum. - Editor

It's time to rethink California's defective constitution

By Larry N. Gerston
Article Launched: 08/15/2008 01:31:57 AM PDT

Source: http://www.mercurynews.com/opinion/ci_10212366?nclick_check=1

The latest California state budget flap reminds us that our constitution no longer works. The governing process in California is broken - not temporarily disabled or momentarily off track, but broken - and the only way to fix it is with a constitutional convention.
For some time, people have sensed a system gone awry, and they've tinkered to make things function.

The Progressives brought "direct democracy" a century ago to take power away from interest groups, yet interest groups have come to dominate the initiative and referendum processes. The electorate made the Legislature a full-time body in 1966, so instead of avoiding big decisions for 90 days every other year, it avoids big decisions year-round.

Some people thought we could improve the quality of legislators by creating term limits in 1988, which has only given more power to bureaucrats and lobbyists. We've passed more than 500 adjustments since our constitution's adoption in 1879 (compared with 27 changes in the U.S. Constitution), but these piecemeal efforts have failed to make California more governable.

When you think of how California has changed, it's understandable. Massive transportation corridors have replaced wagon trails, huge water conduits have taken the place of individual wells, and towns have blended into urban behemoths sometimes more than 100 miles long. Education, once a privilege for the few, is required for all.

We need a constitutional convention to look at California with 21st century eyes. In attendance should be a large group of people, perhaps 200 or 300, who should create a comprehensive document for state governance, and then present it to the voters.

The stakeholders should include representatives from businesses, organized labor, farmers and environmentalists, taxpayer groups, civil libertarians, some elected officials, and yes, a few (not too many!) academics. The constitutional convention should hold hearings across the state for ideas.

Here are a few ideas that should be on the table:

• State finance. What kinds of taxes should be collected and for what purposes? Which interests should get tax breaks and why? How easy or hard should it be for citizens to determine their own taxation?

• Checks and balances. What's the appropriate threshold for passing legislation and responding to a governor's veto? (Hint: No governor has had a veto overturned in more than 30 years.)

• Organization. Now that legislative districts are organized by population, is it wiser to move to a unicameral or one-house Legislature with smaller districts?

• State/local relationships. What public policy areas should be assumed by the state, and which should be assumed by local governments? And how can we help the two levels work together?

• Direct democracy. What's a reasonable threshold for qualifying an initiative for the ballot? And should the Legislature consider the topic before it goes to voters?

There are many more issues to consider. The point is simply this: California's patchwork quilt of reforms has frayed beyond repair. Our elected officials may come to office with noble ideas, but the system discourages them from governing. The public suffers from their political impotence.

Organizing a constitutional convention will be costly and time-consuming. There will be conflict and finger wagging. But if we bring enough thoughtful people to the table, we should be able to create a vast improvement over the present product. Let the debates begin.


LARRY N. GERSTON teaches political science at San Jose State University. His "California Politics and Government: A Practical Approach" (with Terry Christensen) will be published in its 10th edition in January.