The Spirit of James Wilson

Constitutional Convention > Ideas

Brief:

There are two ways spelled out in the US Constitution for how to propose a constitutional amendment. Both rely on the legislatures to introduce such amendments. Framer James Wilson endorsed yet another way to amend the constitution: since the constitution was made for and by the People, the People should also have the right to amend it via popular amendment. In the spirit of James Wilson, we should write our new constitution without waiting for the leadership or approval of our politicians.

Details:

By Altruist Spark
29-08-2011 11:54:15

Article Five of the United States Constitution describes the process whereby the Constitution may be altered.

The first method is for a bill to pass both houses of the legislature, by a two-thirds majority in each. Once the bill has passed both houses, it goes on to the states. This is the route taken by all current amendments.

The second method prescribed is for a Constitutional Convention to be called by two-thirds of the legislatures of the States, and for that Convention to propose one or more amendments. These amendments are then sent to the states to be approved by three-fourths of the legislatures or conventions.

The change brought by direct democracy may not be the will of the Congress, nor of the states, so the two enumerated methods of amendment might not be practical, for they rely on these institutions.

There is yet another way to amend the constitution: popular amendment. This way is not mentioned in the constitution but it was endorsed by James Wilson, one of the founding fathers.

The notion of popular amendment comes from the conceptual framework of the Constitution. Its power derives from the people; it was adopted by the people; it functions at the behest of and for the benefit of the people. Given all this, if the people, as a whole, somehow demanded a change to the Constitution, should not the people be allowed to make such a change? As Wilson noted in 1787, "... the people may change the constitutions whenever and however they please. This is a right of which no positive institution can ever deprive them."

So in the spirit of James Wilson, we the People, can demand to change our constitution to replace our current (close) congress with an open congress where everyone can participate in the legislative life of the country. Through the power of the Internet we can write the new constitution collaboratively, and we can raise the awareness of the nation so that in time we can bring about a referendum to validate the new constitution.

James Wilson:

References:

Article V of the US Constitution: http://en.wikipedia.org/wiki/Article_Five_of_the_United_States_Constitution

Constitutional Convention In the USA: http://en.wikipedia.org/wiki/Convention_to_propose_amendments_to_the_United_States_Constitution

About James Wilson: http://en.wikipedia.org/wiki/James_Wilson

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