Thursday, July 17, 2008

Constitutional convention - what should it propose?

We can (and will, later) discuss the details on how much it should cost, how long it should take, what the out put should be (whole new Constitution, or just sections).

For today, let's consider what we want changed. We will go with a "just section" point of view. Further, we'll stick with the "non controversial" parts.

For the 1970 constitution, a series of pamphlets were published, and are now online. One consideration was "we should not address temporary measures with a constitutional fix".

However, it seems we need to bend that rule a little. We will put the current text in regular font, and our additions in italics.

Article III Section 3

All elections shall be free and equal. Access to the ballot shall be equal for all parties and indivuduals.

Discussion - I have been convinced by the Greens. While keeping every kook and dork off the ballot is a noble idea, there is NO reason why we should have "established parties" and "regular parties". Getting petitions signed is not a trivial effort - I've done it a lot. I think that for "local elections" a limit of 50~100 is reasonable. For "regional elections" - county, township, Chicago Alderman, etc. 250 is enough, and for state wide elections 2500 is enough. Anyone who finds these trivial has never knocked on doors in a prairie winter trying to get 50 GOOD signatures.

Article III Section 5

...
No political party shall have a majority of members on the board. All parties that gained 5% or more of the vote for a statewide candidate shall be represented on the board.

Discussion - The devil is in the details. I think that a "solid" third party should be on the election board. 5% of state wide is a good and reasonable hurdle. I would be open to making this 5% in any congressional district.

Article IV Section 3

Discussion - This article covers redistricting. I am not sure what to say, other than the current system is broken. I would want an "Iowa result" but am not sure what language generates that. The language in their constitution:

Senate and house of representatives--limitation. SEC. 34. The senate shall be composed of not more than fifty and the house of representatives of not more than one hundred members. Senators and representatives shall be elected from districts established by law. Each district so established shall be of compact and contiguous territory. The state shall be apportioned into senatorial and representative districts on the basis of population. The general assembly may provide by law for factors in addition to population, not in conflict with the Constitution of the United States, which may be considered in the apportioning of senatorial districts. No law so adopted shall permit the establishment of senatorial districts whereby a majority of the members of the senate shall represent less than forty percent of the population of the state as shown by the most recent United States decennial census.

Congressional districts. SEC. 37. When a congressional district is composed of two or more counties it shall not be entirely separated by a county belonging to another district and no county shall be divided in forming a congressional district.

Doesn't really seem that strong. Let the lawyers at the Con-con work it out.

Article IV Section 8

A bill shall be read by title on three different days in each house. This bill shall be placed on the legislatures official website on the first day it is read. A bill and each amendment thereto shall be reproduced and placed on the desk of each member before final passage. The final version of the bill shall be on the legislature's official website for 3 business days before a final vote can be taken.

Discussion - Ok, I know this will be controversial. It is not, and should not be a barrier to timely completion of the legislative session. What it WILL do is to allow for the public to know what a bill is, and to generate support/opposition. And that is the point. None of this "slipped it in at the last moment" stuff.

Article IV Section 15

If either house certifies that a disagreement exists between the houses as to the time for adjourning a session, the Governor may adjourn the General Assembly to a time not later than the first day of the next annual session.

Replace that with: If either house certifies that a disagreement exists between the houses as to the time for adjourning a session, the Governor may adjourn the General Assembly for no more than thirty days.

Discussion - Given recent events, I think it appropriate to tighten what the Governor can do to one house when the other is on his side.

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