Gerry Canavan

the smartest kid on earth

Code Zero Zero Zero. Destruct. Zero.

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Via Boing Boing I see that Lawrence Lessig has set up a site calling for a Constitutional convention to deal with Citizens United v. FEC. As I think I’ve written here before at some point I’m somewhat bearish on the Constitutional convention route, mostly because I’ve read that it could be difficult or impossible to delimit the scope of a convention once it was called; in other words, no matter what the purpose of the Convention had been when you called it, you could wind up with extremist anti-tax or pro-life amendments coming out, or even (potentially) an entirely new Constitution altogether. (I actually want an entirely new Constitution altogether, but on a properly thought-out and well-considered basis, not as the ad-hoc consequence of a Tea-Party-hijacked amendment convention.)

While this avenue for amendment is expressly laid out in the Constitution, it’s never actually been tried, and no one seems quite sure what the procedure would look like in practice; that makes it pretty risky.

Still, however bearish I am on Constitutional conventions, I’m positively apocalyptic about Citizens United, and if Congress won’t or can’t act we don’t have very many other options. I’m hopeful some of the various legislative fixes that have been discussed here recently can do the job.

Written by gerrycanavan

February 5, 2010 at 2:32 am

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