At the close
of the Constitutional Convention of 1787, someone asked Ben Franklin: «have we got a Republic or a Monarchy?»
He would go on to become the most influential member
of the Constitutional Convention of 1787, coauthor of The Federalist, the classic defense of that gathering's handiwork, and the primary sponsor of the Bill of Rights (which he viewed as a harmless palliative for such foes of the new regime as still remained).
One of them, Sarah Rosen, led her school in a protest demonstration because her sixth - grade teacher would not allow girls to participate in a reenactment
of the Constitutional Convention of 1787.
«One weekend I sat down to read James Madison's notes on the debates
of the Constitutional Convention of 1787, all 500 - plus pages, from cover to cover.
Not exact matches
What I will not do, I can tell you right now, is hold a bunch
of constitutional conventions and meetings because nobody wants to go back to that era.
The title
of Metaxas» latest book, If You Can Keep It (Viking), is a reference to Benjamin Franklin's response to a woman who asked him, as he left the
Constitutional Convention in 1787, «Dr Franklin, what have you given us, a monarchy or a republic?»
«Unless the federal judiciary is to be a floating
constitutional convention,» Noonan added, «a federal court should not invent a
constitutional right unknown in the past and antithetical to the defense
of human life that has been a chief responsibility
of our
constitutional government.»
Those who are enamored
of floating
constitutional conventions are also the Energizer Bunnies
of constitutional litigation.
He reported sarcastically that «there» were some members [at the
Constitutional Convention] so unfashionable as to think that a belief
of the existence
of a Deity, and
of a state
of future rewards and punishments would be some security for the good conduct
of our rulers, and that in a Christian country it would be at least decent to hold out some distinction between the professors
of Christianity and downright infidelity or paganism» (IV: 642) This chapter also includes excerpts from state constitutions that imposed religious tests on government officers (Delaware, for example.
In 1787, at the age
of eighty - one, Benjamin Franklin addressed the
Constitutional Convention: «I have lived, Sir, a long time, and the longer I live, the more convincing proofs I see
of this truth: that God governs in the affairs
of men.
Franklin's words spoken on the last day
of the
Constitutional Convention and quoted above express the somewhat somber mood.
What that course was Franklin made clear in his speech on the very last day
of the
Constitutional Convention, September 17, 1787:
His proposal for a federal veto
of state laws went down to defeat, and most dispiriting for him, his opponents in the
Constitutional Convention won equal representation
of the states in the Senate.
But that effect
of making
constitutional change — by amendment or
convention — so difficult doesn't mean the Constitution is good.
The story has been told that, shortly after the
constitutional convention in Philadelphia in 1787, a professor
of theology at Princeton rebuked Alexander Hamilton because, in the document they drafted, the founders
of the republic failed to espouse Christianity.
When the nation was established as a democratic republic, the people
of the former English colonies, acting in their various
constitutional conventions, transferred all governing power to their states and to the federal government, reserving for themselves only certain rights and powers they previously claimed to enjoy as subjects
of the British Crown.
The proof
of Franklin's piety is his oft - cited plea for prayer at the
Constitutional Convention.
Imagine the reaction
of the delegates to the 1787
Constitutional Convention if the justices had expressed these views to them.
The right - wing faction has promoted the school prayer amendment to the Consitituion and similar initiatives to declare America a «Christian nation;» it is workingintently to bring about a
constitutional convention at which its representatives could propose curtailments
of various freedoms; is drafting laws to confer official favor on specific religious establishments.
This right - wing faction has promoted the school prayer amendment to the Constitution and similar initiatives to declare America a «Christian nation»; it is working intently to bring about a
constitutional convention at which its representatives could propose curtailments
of various freedoms, is drafting laws to confer official favor on specific religious establishments.
He saw Providence in the almost impossible unanimity
of the
constitutional convention, which completed its work in 53 days.
It can be pointed out that this is a reckless kind
of polity — allowing the Court to define the nature and scope
of political power on an ad hoc basis, without benefit
of the debates
of a legislative assembly or a
constitutional convention, and without the contest
of facts typical
of an ordinary trial court.
Opponents
of holding a
constitutional convention have over the last several weeks geared up their opposition to the coming referendum, arguing it could scale back gains made by organized labor, wreck the environment in he Adirondacks and be dominated by monied interest groups.
Setting out his plans for a British
Constitutional Convention, Mr Clegg said: «It would examine the role and powers
of parliament and ministers; the way in which parliament is elected and held to account; the relationships between the nations
of the United Kingdom; the concentration
of power in Whitehall; and the need to strengthen basic individual rights and liberties against the abuse
of state power.»
The Liberal Democrats, on the other hand, see the
convention as a way
of «mak [ing] sure all the new arrangements [i.e. recent
constitutional changes] work together coherently».
At the other end
of the spectrum, the
Constitutional Convention decided to forbid the English practice
of allowing the government to seize the entire estate
of a person convicted
of treason.
«The structure
of a
Constitutional Convention allows for every part
of the process to be dictated by the voting public,» Kolb wrote.
The mechanism for that could be amendment or
Constitutional Convention or revolution, and is expressly mentioned in 39
of the states» constitutions.
Both advocate the 16 - year - old vote, a
constitutional convention, House
of Lords reform, and an in / out referendum on EU membership when a proposed treaty change would transfer (substantial) powers to Europe.
Constitutional convention of cabinet collective responsibility - Baroness Miller
of Hendon Regulation
of healthcare assistance in the light
of the Health and Care Professions Council's preliminary finding that there are significant shortcomings in a voluntary register - Lord Hunt
of Kings Heath
House
of Lords reform and EVEL are both folded into the
constitutional convention process.
This was the subject
of the opening talk by Oxford's Stuart White who gave an overview
of different options for a UK
constitutional convention.
Alexander, who includes adviser to U2 singer Bono on global poverty among his portfolio
of jobs, also called for EU powers over fisheries and agriculture to be handed to Holyrood post-Brexit and backed Gordon Brown's call for a
constitutional convention to consider further devolution to the nations and regions
of the UK.
But it's not impossible either — just think about the work
of the Scottish
Constitutional Convention back in the 1980 - 90s, the democratic thrust generated by the referendum, all the impossible that became the possible.
However, the story
of the Scottish
Constitutional Convention also tells us that such a process will take time, and can not be rushed or accomplished overnight.
This
convention represented the first attempt by any Irish government to provide for a citizen - led programme
of constitutional reform.
In a different sphere, I was right to argue that English local government should be rescued from its status as the «humiliated Cinderella
of English governance», but I should have argued much more forcefully for a
constitutional convention to decide how the nations, regions and localities
of the United Kingdom should relate to each other and to the centre.
Those measures, which had included lowered campaign contribution rates, a cap on the amount
of money lawmakers can earn outside
of their government work and reforms to the
constitutional convention process, have been seemingly scaled back.
White highlighted four crucial questions for any
constitutional convention in the UK: 1) Its membership (politicians, the public or both); 2) Its agenda and whether or not it has agenda - setting powers; 3) What happens to its output (whether it goes to parliament or straight to a referendum); 4) How co-ordinated it is across the territories
of the UK.
From this angle, the regionalist parties that are emerging in the North
of England have a great potential, especially if they succeed in joining forces with civil society organisation and movements, mobilising grassroots support and pushing for the creation
of some form
of «Northern
Constitutional Convention» capable
of influencing decision and policy - making at the centre.
The Irish Government has still to respond on these later reports, but already it is clear that the
Convention recommendations on many matters will lead to the holding
of referendums on specific issues in 2015; and we are likely to see real and significant
constitutional change made as a result.
Article V
of the Constitution does in fact contemplate a new
constitutional convention, though,
of course, one has never taken place.
On January 26th we'll be launching the first «Crowd Sourced»
Constitutional Convention on the future
of Wales, and the UK.
Over the past couple
of weeks, as the referendum campaign reached its climax in Scotland, a concept has suddenly started springing up all over the place in English political debate: the idea
of a
constitutional convention.
One possibility,
of course, is that the United Kingdom will, at long last, emulate its errant child, the United States, one
of whose major 18th century contributions to world constitutionalism was precisely the notion
of a formal «
constitutional convention» that ostensibly possessed a constituent power to propose radically transformations
of the existing political order (even if ratification was in the hands
of some other body).
A British «
constitutional convention» would presumably adopt (or suggest to a national referendum the adoption
of) a truly written constitution specifying the ways that a clearly «federalized» country will operate in the future.
Meanwhile the likelihood
of a hung parliament after 7 May and the inter-party deals that will be required to form a coalition, plus the existence
of unresolved and urgent
constitutional questions which require resolution provides the necessary political backdrop for the establishment
of a
constitutional convention.
The Government's «command paper» on English devolution, published on 16 December 2014, made reference to a
constitutional convention as a means
of civic engagement (though it fell short
of a full commitment).
The Liberal Democrat approach to English concerns is based on five interconnected devolution proposals: EVEL; a
constitutional convention; the local level as the main recipient
of decentralised powers; more City Deals (like Devo Manc) to prompt economic growth; and «devolution on demand», to allow councils to take control
of the services that matter most to them.
It may be relevant, though, that I am one
of the few American legal academics who has publicly endorsed the desirability
of holding a new
constitutional convention within the United States.