Posted on 09/17/2024 5:24:07 AM PDT by Jacquerie
Among the shortcomings of the Articles of Confederation was the near impossibility of amending them to meet pressing needs regarding taxation and commerce. In 1787-1788, the lower threshold to amend the Constitution per Article V overcame Anti-Federalist reluctance to form a new Union.
From the time the federal convention sent the draft Constitution to the Confederation Congress and states, many Anti-Federalists demanded a second convention, preferably before federal elections and the establishment of a new government.
Not only the Anti-Federalists, but few Federalists were entirely satisfied with the Constitution as written. The difference was that Federalists were satisfied that Article V was there to correct the Constitution’s shortcomings. Among the Anti-Federalists were “fence-sitters,” those who would change their minds if they felt assured of a few amendments that better secured certain rights. Flip the votes of fence-sitters and ratification was certain.
Despite ratification by the ninth state, New Hampshire, on June 21st 1788, the future of the new government still depended on the decisions of Virginia, New York, and Pennsylvania. Yes, a new government could form without them, but what were the chances of national survival if the remaining states VA, NY, PA, NC, RI did not join and left a geographically dismembered Union in their wake?1
Pennsylvania. In a shady process that only stoked resentment, Federalists rammed ratification through on December 12th 1787.2 On July 3rd 1788, several leading men sought to “un-ratify” PA ratification unless certain pre-amendments found their way into the Constitution.
Disgust with the heavy-handed tactics of Pennsylvania Federalists back in December led Cumberland county officials to send out a circular letter to various societies, individuals, and other counties that opposed unqualified, unamended ratification. The letter explained that the new government would start with all its “foreseen and consequent dangers” still in place. Either the states act together to get amendments or there was no telling what turn American liberty will take at the discretion of Congress. Townships were asked to send representatives to county meetings that would send delegates to a general conference of the counties in Harrisburg on September 3rd to devise amendments.
Fortunately, passions cooled by September, and the Harrisburg meeting recommended considerable amendments while at the same time it accepted the “general system of government framed by the late federal convention,” and “in full confidence that the same will be revised without delay.” Specifically, delegates asked for a speedy revision through an Article V convention. They petitioned the Pennsylvania legislature to urge the first congress at the first opportunity to call a “general convention of (delegates) from the several states on the Union.”
In what began as something of an uprising against ratification ended in willingness to implement the new government and work within the new order. Pennsylvania would remain in the Union and press for amendments via Article V in the first congress.
Virginia. The Federalists’ strategy of recommending amendments through Article V to flip the fence-sitters originated in Massachusetts, which ratified on February 6th 1788. In June, New Hampshire modeled nine of its amendments on those of Massachusetts. Virginia Federalists likewise employed this strategy in a victory over the Anti-Federalist contingent dominated by the incomparable Patrick Henry. Thanks to Federalist’ promises to press for Article V amendments in the first congress, Virginia ratified the Constitution by a surprising 57 – 47 margin on June 25th 1788.
After ratification, the convention formed two committees. The first committee, composed entirely of Federalists, drafted a form of ratification. Imperfections in the Constitution should, it read, “be examined in the mode prescribed therein,” rather than endanger the Union by delaying elections with the hope of getting amendments first. The second committee, while dominated by Federalists, reported a slate of amendments which mirrored the Virginia Bill of Rights. The convention overwhelmingly passed both reports.
New York. Federal and Anti-Federal heavy hitters dominated the wild month-long ratification convention in New York. Alexander Hamilton, Melancton Smith, Robert Yates, and John Lansing among others were hardly wallflowers.3 Had ten states not already ratified, unqualified ratification was doubtful. In a twist on the other states request for post-ratification amendments, New York delegates considered post-ratification amendments, which, if not incorporated into the Constitution, New York reserved the right to secede from the Union!
But, the existing Confederation Congress might not accept a qualified ratification, which meant disunion and independence. Reluctantly, and only out of a sense of dread at their Hobson’s choice did Melancton Smith lead the way for Anti-Federals to cease their opposition to unqualified ratification.
As in other states, Article V figured bigly in the New York form of ratification and uneasiness with the Constitution. As a consequence, New York issued a circular letter to their sister states at the close of the convention on July 26th 1788. It called for an Article V convention in the “full confidence” their suggested amendments would receive an “early and mature consideration.” The convention also asked its state reps and future congressmen and senators in the upcoming new congress in 1789 to exert all their influence and use “all reasonable means” to secure ratification of its 32 recommended amendments.
New York’s circular letter admitted that circumstances had boxed the state into a corner. Under duress, New York had to decide Union or disunion. It emphasized that New York was not alone, and that only an Article V convention could “allay their apprehensions and discontents.” Article V action must be one of Congress’ first tasks.
The people of the United States exercised their judgement and sent men of local renown to the several ratifying conventions. Some had experience in congress, state legislatures and the revolution going back to the Continental Congress. But most were local citizens with names unrecognized today. They refused to be told that the issues of the day were beyond their competence. They put their minds to complicated issues, tried to reconcile the ideals of the Revolution with the needs of the nation, and considered the impact of their decisions not just on their own lives but for the future.
“We the People” of 1787 and 1788 inaugurated a dialogue between power and liberty that continues to remind modern patriots of the principles of 1776. Their example was the greatest gift possible to posterity; they did the heavy lifting. In comparison, our load is light, but we must use the gift of Article V to save their posterity from tyranny.
It didn't, but only because I didn't think Dems would ever agree to it, and you'd need Dem support to get an Amendment passed and ratified. I mean, I'd prefer no amnesty too, but we wouldn't get all the other stuff necessary to fix the problem if we don't give something up.
But sure, we could add in that children born in this country to anyone who is here illegally do not get citizenship. I just wouldn't count on that making whatever the final version would be.
How to we do that while still respecting the First Amendment? Because I'm extremely reluctant to open the door to limiting speech - including media speech - that we don't like.
The prerequisite for any "equal time" analysis is someone in government having the power to characterize speech, determine what "side" that speech is on, and approve/disapprove who gets to respond. And I don't want to give that kind of power to anyone.
The broadcasting system used to be regarded as a public resource, because there was limited bandwidth and the spectrum was controlled by the government, ostensibly for the benefit of all Americans.
While the bandwidth is effectively no longer limited, the existing broadcasting system is viewed by the majority of the public as still acting in the public's best interest, and it is also viewed as non-partisan, which is the consequence of the carefully cultivated efforts by the government back in the 1950s and 1960s to keep it non-partisan. The "equal time" requirement was the system they used to do it.
There is no suggestion of "limiting speech" by censoring the media-liars. The only rational way to break the system is by forcing equal time. The media-liars can still say whatever they want, but what they wouldn't be able to do any longer is to lie or mislead or omit, without our side being able to point out the lie, point out the misdirection, or talk about a story or issue the media-liars want kept buried.
The answer to bad speech, is good speech, not the censorship of bad speech.
When bad speech people understand that good speech people will come right behind them and expose their lie, their misdirection, or their omission of important facts and stories, the bad speech people will *STOP DOING IT!*
Just think. If every *#%$& Media-liar knew their lie would be immediately exposed, or every story they tried to cover up would be brought out anyway, they would avoid the embarrassment and they would actual tell the truth.
They only do their corrupt stuff because they know they control the airwaves and nobody can stop them from lying to the public, or misleading the public, or covering up stuff that would make the public vote differently.
When they know they will be caught, they won't do it.
The prerequisite for any "equal time" analysis is someone in government having the power to characterize speech, determine what "side" that speech is on, and approve/disapprove who gets to respond.
That is a presumption which I reject. The government doesn't have to make a determination regarding the particulars of speech. They only have to address complaints that the opposition party did not get equal time.
"Printers are educated in the Belief, that when Men differ in Opinion, both Sides ought equally to have the Advantage of being heard by the Publick; and that when Truth and Error have fair Play, the former is always an overmatch for the latter: Hence they chearfully serve all contending Writers that pay them well, without regarding on which side they are of the Question in Dispute."
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