The constitutional amendment on campaign finance recently failed as expected in the Senate. It is ironic that debating a doomed amendment had Congress closer to moving the country forward than at any point in recent memory. A rational campaign finance system would mean the president and members of Congress focus less on fundraising. The results would be transformative for the public interest. The people don’t think the government works for them anymore. A Gallup poll reached an all-time low with only 40 percent of respondents having above a fair amount of trust in the government’s handling of domestic problems (43 percent on international problems). There are complex reasons for the distrust but the widespread perception that government is for sale is a contributing factor. ADVERTISEMENT The Supreme Court, dating back to the 1970s, has eroded legislative efforts at campaign finance. The more recent decisions from the Roberts’ Court have led to a dramatic expansion of money entering federal elections, particularly from independent groups. Only a constitutional amendment can override the Court and turn the tide. In a party-line vote on Thursday, 54 Senate Democrats fell short of advancing the campaign finance amendment. The outcome on the Senate floor is no surprise. What is noteworthy is the Democrats represented 36 different states. Under Article V of the constitution, two-thirds of the states can petition Congress to hold a constitutional convention without the approval of Congress. All that is required is that the 34 state legislatures send a petition to Congress. The convention delegates would draft the amendment. Like in the standard method of Congress passing the amendment, three-quarters of the states would need to ratify for it to take effect. The convention method of amendment is not as obscure as one might think. Conventions almost took place when nearly 30 petitions accumulated in the 1980s for a balanced budget amendment and in the 1910s for women’s suffrage. In both cases, Congress felt enough pressure from a potential convention to act in passing legislation or an amendment. A strong majority of Americans support stricter campaign finance in some form. The states are already active and supporting the possibility of an amendment. Over a dozen states have backed resolutions calling for an amendment and two states, Colorado and Montana, have passed ballot initiatives calling for an amendment. The idea of a convention currently lacks credibility and there is no leadership to coordinate the state legislatures to petition in tight succession. This is where Senate Democrats might help. If the Senate Democrats truly believe in the amendment, they should initiate campaigns back home to hold a convention. If the petitions accumulated in Congress, backed by public support and a social media frenzy, members from both parties may become more receptive to an amendment. This or the next Congress may choose to pass an amendment rather than unleashing the uncertainty of letting a convention draft it or, theoretically, re-draft the entire constitution. Even if a convention was never held, the building of the petitions in Congress would be a historic statement on the current campaign finance system. Many of the states appear willing to help on the issue of campaign finance. They could come to the rescue of the ailing, paralyzed federal government. articlev.org
Posted on: Tue, 28 Oct 2014 14:46:00 +0000
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