Signed in as:
filler@godaddy.com
The Democracy Agenda
(Reforms Specific to the United States)
"The cure for the ills of Democracy is more Democracy."
~
Jane Addams
Perfecting Democracy in the 21st Century
Our History
Until the 19th century, direct democracy (with citizens meeting in the same place at the same time) was not a realistic option in large states or nations. The invention of the printing press, the establishment of systems of public education, and technological advances in communication and recording, resulted in more voters being well-educated and well-informed, making democracy a better form of government, and powerful news forms of direct democracy (referendums and the initiative) possible.
In the 21st century, the affairs of states and nations are far too complex to be governed entirely through direct democracy. A seamless combination of direct democracy and representative democracy is necessary to perfect democracy in the 21st century.
Perfecting democracy in the 21st century involves perfecting representative democracy, perfecting direct democracy, and taking full advantage of advances in technology to share information and knowledge, make civic engagement easier, and make the deliberative phase of democratic decision-making as inclusive, respectful, and productive as possible.
Winner-take-all elections, with plurality winners and single-member districts nearly always result in a duopoly (a political system dominated by two major parties). Duopolies have a strong tendency to degenerate into a ruthless, vicious competition for power.
Corporate-owned mass media tends to promote a negative political atmosphere by focusing on conflicts because conflicts draws listeners and viewers, which increases ratings, which increases profits. The false friends and true enemies of democracy thrive within a system based on conflict and competition because conflict divides us and makes it easier for corporations and billionaires to maintain control of our government. Their efforts have been very successful. We are deeply and bitterly divided.
In a true democracy, the key to victory in getting legislation enacted is to use reason to persuade people to agree. Seeking consensus unites people. The very act of uniting in support of the reforms needed to make America a Perfect Democracy will help reunite Americans.
Universal Reforms
Personal Representation
Our Partners
We partner with a variety of organizations and businesses in our community to provide comprehensive mental health services to those in need.
Perfecting Representative Democracy
John Adams offered this description of the ideal Representative Assembly in his Thoughts on Government (which was published in the Spring of 1776). It remains as useful and relevant today as it was then. Congress and state legislatures in America, however, have fallen far short of Adams’ ideal Representative Assembly.
Common sense and observation tell us, and research confirms, that “economic elites and organized groups representing business interests have substantial independent impacts on U.S. government policy, while mass-based interest groups and average citizens have little or no independent influence.” Majority rule is the essential element of a true democracy, but “Majorities of the American public actually have little influence over the policies our government adopts.” [From a study by Benjamin I. Page and Martin Gilens.]
A government with a system of representation is only a “representative democracy” if the policies it adopts reflect the will of a majority of the people who are governed by the acts of the representative assembly. When “economic elites” and “business interests” are represented and “average citizens” are not, a government is not a representative democracy. If we want to make America a true democracy, we must change the nature of representation in Congress and state legislatures.
The system we have is the worst system possible.
Winner-take-all elections, with plurality winners and single-member districts nearly always result in a duopoly (a political system dominated by two major parties). Duopolies have a strong tendency to degenerate into a ruthless, vicious competition for power.
Corporate-owned mass media tends to promote a negative political atmosphere by focusing on conflicts because conflict draws listeners and viewers, which increases ratings, which increases profits. The false friends and true enemies of democracy thrive within a system based on conflict and competition because conflict divides us and makes it easier for corporations and billionaires to maintain control of our government. Their efforts have been very successful. We are deeply and bitterly divided.
Proportional Representation
At the time John Adams published his Thoughts on Government, the term “proportional representation” meant that the number of seats each state had in a representative assembly was based on the population of each state, with larger states having more seats. Adams’ use of the term “equal interests among the people should have equal interest in it” makes his description of the ideal Representative Assembly likely the earliest description of “proportional representation” as the term is used today. In other words, if two-thirds of the people want a public option for health care, two thirds of the members of the “Assembly” that “represents” them should vote in support of a public option for health care. Some form of proportional representation is an absolute necessity for any community, state, or nation wanting its Representative Assemblies to be “an exact portrait of the people at large”.
One of the primary reasons many European nations score higher than America on the Democracy Index (and do a better job of representing the will of the people) is that they have adopted some form of proportional representation. We have not.
Forty of forty-three European nations have some form of proportional representation.
Most of the nations in Europe use the “Ordered Party List” form of proportional representation. A few of them use a “Mixed Member Proportional” system.
Implementing ranked choice voting combined with multiple-member districts has long been considered the form of proportional representation that would be most appealing to American voters, but that form of ranked choice voting has yet to be implemented in any of the fifty states or in Congress. (Two states and over fifty cities have adopted ranked choice voting, but few, if any, of them incorporate multiple-member districts or at-large elections.)
Implementing any form of proportional representation would be a significant improvement over our present system. The best alternative, however, is a new and improved form of proportional representation – Proxies for Citizens – that will instantly transform Congress and state legislatures into truly democratic institutions that come much closer to fully realizing Adams’ vision of the ideal “Representative Assembly”.
Proxies for Citizens can be implemented and have a massive positive impact without making any other changes to our political or electoral systems. However, replacing elections for members of Congress and state legislatures (and local legislative bodies) with selection by proxy would be the best system of all. We could designate a “Selection Day” (July 4th of every year would be an inspired choice. At a designated time on that day, a “snapshot” of the number of proxies assigned to every individual who had filed to seek selection to Congress, or a state legislature, would be used to determine which candidates are awarded seats. The candidate with the most proxies from citizens residing in the same congressional or legislative district would be selected to represent that district. In the case of selection to the U. S. Senate, the two candidates holding the most proxies from citizens of their state would be selected.
A lot of people who say that want change, get a little nervous when actual changes are being proposed. For that reason, in states where a system of Proxies for Citizens can be implemented through the initiative, we should propose the simplest system of proxies and postpone replacing elections with selection by proxy until the citizens of each state have had some time to learn to appreciate the power they have been given through proxies.
In states without the initiative, getting Perfect Democracy Amendments enacted or implementing a system of Proxies for Citizens will require the approval of the state legislature. Incumbents in state legislatures are not likely to support Perfect Democracy Amendments because it shifts power from them to the people. Some members of states legislatures will be more open to implementing systems of Proxies for Citizens because, although proxies will shift power to the people, the citizens who exercise their right to vote (indirectly) in a state legislature by assigning proxies will be sharing that power with legislators who vote as they would vote. The fact that proxies will shift power within a representative assembly to the members who champion legislation that has the support of the people will be very appealing to politicians who believe in democracy, will make it considerably easier to build support for implementing Proxies for Citizens.
Replacing elections with selection by proxy will build more support for implementing systems of Proxies for Citizens within Congress and state legislatures. The fact that they are no longer required to run for office every two, four, or six years (and raise money constantly to remain in office) will be very appealing to incumbents who would rather serve the common interest (and the people) rather than serving private interests.
Party List Systems
Most of the nations in Europe use the “Ordered Party List” form of proportional representation.
Mixed-Member Proportional
A few of them use a “Mixed Member Proportional” system.
Ranked Choice Voting with Multiple-Member Districts
Implementing ranked choice voting combined with multiple-member districts has long been considered the form of proportional representation that would be most appealing to American voters, but that form of ranked choice voting has yet to be implemented in any of the fifty states or in Congress. (Two states and over fifty cities have adopted ranked choice voting, but few, if any, of them incorporate multiple-member districts or at-large elections.)
Personal Representation
Our Team
Implementing any form of proportional representation would be a significant improvement over our present system. The best alternative, however, is a new and improved form of proportional representation – Proxies for Citizens – that will instantly transform Congress and state legislatures into truly democratic institutions that come much closer to fully realizing Adams’ vision of the ideal “Representative Assembly”.
Proxies for Citizens can be implemented and have a massive positive impact without making any other changes to our political or electoral systems. However, replacing elections for members of Congress and state legislatures (and local legislative bodies) with selection by proxy would be the best system of all. We could designate a “Selection Day” (July 4th of every year would be an inspired choice. At a designated time on that day, a “snapshot” of the number of proxies assigned to every individual who had filed to seek selection to Congress, or a state legislature, would be used to determine which candidates are awarded seats. The candidate with the most proxies from citizens residing in the same congressional or legislative district would be selected to represent that district. In the case of selection to the U. S. Senate, the two candidates holding the most proxies from citizens of their state would be selected.
A lot of people who say that want change, get a little nervous when actual changes are being proposed. For that reason, in states where a system of Proxies for Citizens can be implemented through the initiative, we should propose the simplest system of proxies and postpone replacing elections with selection by proxy until the citizens of each state have had some time to learn to appreciate the power they have been given through proxies.
In states without the initiative, getting Perfect Democracy Amendments enacted or implementing a system of Proxies for Citizens will require the approval of the state legislature. Incumbents in state legislatures are not likely to support Perfect Democracy Amendments because it shifts power from them to the people. Some members of states legislatures will be more open to implementing systems of Proxies for Citizens because, although proxies will shift power to the people, the citizens who exercise their right to vote (indirectly) in a state legislature by assigning proxies will be sharing that power with legislators who vote as they would vote. The fact that proxies will shift power within a representative assembly to the members who champion legislation that has the support of the people will be very appealing to politicians who believe in democracy, will make it considerably easier to build support for implementing Proxies for Citizens.
Replacing elections with selection by proxy will build more support for implementing systems of Proxies for Citizens within Congress and state legislatures. The fact that they are no longer required to run for office every two, four, or six years (and raise money constantly to remain in office) will be very appealing to incumbents who would rather serve the common interest (and the people) rather than serving private interests.
Our History
The best way to perfect a system of representation is to implement a system of Personal Representation that allows every citizen who is eligible to vote to assign a proxy to any one member of each legislative body that governs them, and then allows each member of that legislative body to cast a number of votes equal to the number of proxies they have been assigned (plus one for themselves) on everything voted on in a legislature. Citizens should also be able to reassign their proxies at any time. That will allow Politically Active Citizens to vote (albeit indirectly) on every issue of concern to them
Implementing systems of Personal Representation will instantly transform Congress and state legislatures into truly democratic institutions and bring a system of representation as close as possible to being a Perfect Democracy.
Our Partners
We partner with a variety of organizations and businesses in our community to provide comprehensive mental health services to those in need.
Perfecting Representative Democracy
A government with a system of representation is only a “representative democracy” if all the elements of a true democracy are in place. Citizens must have equal representation and the will of a majority of the people must be reflected in the acts of representative assemblies.
The best way to perfect a system of representation is to implement a system of Personal Representation that allows every citizen who is eligible to vote to assign a proxy to any one member of each legislative body that governs them, and then allows each member of that legislative body to cast a number of votes equal to the number of proxies they have been assigned (plus one for themselves) on everything voted on in a legislature. Citizens should also be able to reassign their proxies at any time. That will allow Politically Active Citizens to vote (albeit indirectly) on every issue of concern to them
Implementing systems of Personal Representation will instantly transform Congress and state legislatures into truly democratic institutions and bring a system of representation as close as possible to being a Perfect Democracy.
Unicameral Legislatures
Most other democracies have moved to unicameral legislatures. It's time for us to do the same.
The U. S. Senate was designed to be an "elite" assembly (originally elected by state legislatures instead of directly by the people) to give the wealthy a check on the will of the people. In a true democracy, absent a desire to check or limit the will of the people, there is really no reason to have a bicameral (two chamber) legislature. Nebraska implemented a unicameral in 1937 through a statewide referendum. It has proven to be more efficient and saved the taxpayers a lot of money. We should make Congress and the legislatures in the other 49 states unicameral legislatures.
Most of the other democracies that have moved from a bicameral to a unicameral legislature have simply abolished their upper chambers. The primary obstacle to abolishing the U. S. Senate is that the normal amendment process would require a two-thirds super-majority in the Senate to propose the amendment that would abolish the Senate (and do away with the lucrative and prestigious positions to which they have been elected). A constitutional convention is, at present, the only other way to enact any amendment abolishing the Senate or merging it with the House.
A proposal to merge the House and Senate might get more support in the Senate if we retain the concept (and titles) of both senator and representative with senators having more power than representatives. That could be accomplished through a system of Personal Representation (with proxies) with the members of Congress who have been assigned the most proxies nationwide holding the office of senator and the members who hold the most proxies in each congressional district serving as representatives.
If we do not move to a unicameral Congress, we will need to find some other way to democratize the U. S. Senate.
The U. S. Senate is, in and of itself, the most undemocratic element in the form of our government, with equal representation for states resulting in grossly unequal representation for the people of the larger states. Equal representation for the states in the Senate was “The Great Compromise” between the larger, more populous states (that wanted representation to be based on population) and the smaller states (that wanted to retain the equal representation for each state that they enjoyed under the Articles of Confederation). It was an unfortunate compromise, made necessary because the small states threatened to leave the convention (and the union) if they were denied equal suffrage in one house of Congress.
At a minimum, we need to extend a system of Personal Representation (using proxies) to the Senate. That would make both the House of Representatives and the Senate considerably more reflective of the will of the people, which would presumably put an end to endless gridlock. It would also introduce an unnecessary redundancy. That might be necessary at least temporarily to get the necessary amendment enacted.
Any of these alternatives (abolishing the Senate, merging it with the U. S. House of Representatives to make Congress a unicameral legislature, or implementing a system of Personal Representation (with proxies) in the Senate will require a constitutional amendment.
Amendments merging the Senate with the House of Representatives should be also be adopted in state governments. The primary reason we have a Senate at the federal level was to appease the small states at the Federal Convention of 1787. Our legislatures are also modeled on Great Britain's. We don't need a Senate to block the will of the people. We need a Congress and state legislatures that reflect the will of the people.
Note: This proposed reform is incorporated in the federal version of a Personal Representation Amendment.
Perfecting Direct Democracy Amendments
The details of Perfect Democracy Amendments will vary from state to state and at the federal level, but in general, will make it easier to call referendums and use the initiative in the states that already provide for them, and will extend the use of referendums and the initiative to the federal government and to the twenty-four states that do not yet have provisions for them.
The most obvious ways to make it easier to call referendums and use the initiative are by allowing citizens to “sign” petitions electronically (by submitting Statements of Support through Online Accounts for Politically Active Citizens) or by reducing the number of signatures required to call a referendum or put a proposal on the ballot.
These reforms are universal and foundational.
These reforms were first proposed in Europe and America in the 19th century. The false friends and true enemies of democracy have managed - so far - to keep them from being adopted in most communities, states, and countries. We will need to unite in support of those reforms to get them enacted.
Since no nation in the world has yet created a Perfect Democracy, every nation in the world would benefit from implementing systems of Personal Representation and enacting Perfect Democracy Amendments. Once these reforms are in place in a community, state, or nation, it will be easier for citizens to enact the additional legislation needed to make a government a true democracy by removing antidemocratic provisions from constitutions, repealing any laws that create flaws within a democracy, and repeal any policies that create flaws within a democracy.
Majority rule is the essential element that makes a government a true democracy. An equal vote and equal representation, and the supremacy of the legislative power are essential components of majority rule. The additional elements necessary to make a government a Perfect Democracy involve making it easier for citizens to be well-educated and well-informed and respectful of the rights of others. Advances in technology have made it easier to do that.
Democracy and Technology
Implementing systems of Personal Representation and enacting Perfect Democracy Amendments will make a community, state, or nation a true democracy.
The third and final element in the Democracy Trifecta is to take full advantage of advances in technology to share information and knowledge, make civic engagement easier, and make the deliberative phase of democratic decision-making as inclusive, respectful, and productive as possible.
The likelihood of our success in enacting the necessary reforms will be greatly enhanced by taking full advantage of the internet and other forms of technology to alter the culture of civic interaction. We will never be able to completely eliminate anger, fear, and hated, generated by misinformation, disinformation, and outright lies. The false friends and true enemies of democracy will always utilize those methods as the means of attempting to keep us divided. Those of us who want to see civic engagement become more inclusive, respectful, and productive, need to understand that the key to success in that regard is to be more open and respectful ourselves as we engage in a campaign and a movement to make America a Perfect Democracy.
Newton Minnow, during his tenure as Chair of the Federal Communications Commission, described television as a "vast wasteland". But even then, there were oases of art and education scattered throughout that vast wasteland. The same is true of the internet today. We need to take full advantage of opportunities to share useful knowledge and information, to interact in a positive and respectful manner, and perhaps most importantly, to create online accounts for Politically Active Citizens that will provide an easy and secure method for citizens to sign initiative petitions, call referendums, and assign and reassign proxies within a system of Personal Representation.
We need to engage with each other in a positive and respectful manner as we work together to create a political system that facilitates seamless interactions between direct and representative democracy, repeal antidemocratic provisions from constitutions, and address flaws in the way we conduct elections.
We refer to the additional legislation needed to make America a Perfect Democracy as "The Democracy Agenda".
Note: The exact nature and the details of the reforms that are needed to make a government a Perfect Democracy vary from state to state within the United States. The following is the Democracy Agenda the federal level.
The Democracy Agenda
Note: The exact nature and the details of the reforms that are needed to make a government a Perfect Democracy vary from state to state within the United States. The following is the Democracy Agenda the federal level.
Ranked Choice Voting
As the name implies, Ranked Choice Voting (RCV) is a method of voting that allows voters to cast votes for more than one candidate and rank their choices in order of their true preferences. If the candidate who is your first preference does not win, your vote is transferred to the candidate who is your second preference. If that candidate does not win, your vote is transferred to the candidate who is your third preference. Ranked Choice Voting not only gives voters more choices, it increases the chances that a candidate you support will be elected.
When used in an election where there is a single winner (an executive office, such as president, governor, et cetera, or for seats in a legislature with single-member districts) the tabulation method for RCV ensures that winning candidates have the support of a majority of the voters (at some level of preference) instead of just a plurality (the most votes, even if that is less than a majority). This is in harmony with the primary principle of democracy – majority rule.
Ranked Choice Voting is even more powerful when combined with multiple member districts or at-large elections for constituting legislative bodies because it results in proportional representation – with political parties or other collections of like-minded voters holding a percentage of the seats in a legislature equal to the percentage of the votes the top candidates from each party receive in an election. Legislatures with proportional representation more accurately reflect the will of the people – one of the primary principles of democracy.
In addition to eliminating wasted votes and the spoiler effect, research has shown that when combined with legislative districts of five or more members, Ranked Choice Voting neutralizes the effects of gerrymandering.
Ranked Choice Voting can also be used to give voters a range of choices when voting on legislation where that would appropriate (various dollar figures for minimum wage, et cetera).
Direct Election of Presidents (With RCV)
Avoiding a foreseeable constitutional crisis
A majority of voters in America support replacing the Electoral College with direct election of the president by the people. That would be an improvement and would avert a potential constitutional crisis. Adding Ranked Choice Voting and all the benefits of RCV would be a major improvement.
All the candidates listed on the sample ballot (right) were on the ballot in one or more states in 2020. There are many minor party and independent candidates on the ballot in most presidential elections, but without ranked choice voting, voters who cast their ballot for alternative candidates are almost certainly casting "wasted votes". If enough votes are cast for alternative candidates the "spoiler effect" may lead to the major party candidate, who would have won in a head-to-head match-up, losing in the Electoral College, as has happened in two recent presidential elections - in 2000 and 2016.
Candidates for President (on the ballot in one or more states) in 2020.
A candidate who wins the most votes losing the election is blatantly undemocratic. It is time to abolish the Electoral College and move to direct election of the president and vice-president by the people. Including Ranked Choice Voting in the process will ensure that the winning candidate has the support of a majority of voters (at some level of preference).
Replacing the Electoral College with direct election of the president using Ranked Choice Voting will also avert a potential constitutional crisis.
Within the system that has been in place since 1804, if a minor party or independent candidate were to actually win enough electoral votes to prevent any candidate from winning a majority of the electoral votes, that would trigger the even more anti-democratic process provided for in the 12th Amendment. The House of Representatives would elect the president, with each state having a single vote, regardless of population. And the Senate would elect the vice-president through a similar method.
The only time that has happened, so far, was in the election of 1824. Andrew Jackson received a plurality, but not a majority, in both the popular vote and the Electoral College. Henry Clay, who came in fourth, was eliminated. He threw his support to John Quincy Adams (allegedly in exchange for being named Secretary of State – a deal that was labeled the “corrupt bargain”). Adams, who had finished second in both the popular vote and the Electoral College, became the president. Jackson had his revenge four years later, when he won the presidency.
We have, so far, avoided a repeat of what happened in 1824. If our luck runs out, it will trigger a serious constitutional crisis.
Amending our Constitution to provide for direct election of the president using ranked choice voting will not only give voters more choices, without triggering anti-democratic procedures, and ensure that the winning candidate has the support of a majority of voters (at some level of preference), it will also allow us to eliminate primary elections (saving a considerable amount of money.
Repeal the Uniform Congressional District Act
The Uniform Congressional District Act requires that all members of the U. S. House of Representatives be elected from single-member districts. Repealing the Uniform Congressional District Act is necessary to make Ranked Choice Voting with multiple member districts possible.
Research has shown that single-member districts contribute to gerrymandering, which effectively renders many citizens’ votes meaningless, requiring all members of the U. S. House to be elected from single-member districts violates the principle of an equal vote.
The federal government guarantees “a republican form of government” to the states in Article IV, Section 4. Single-member districts result in a form of government that is not “republican” (as defined by James Madison and others). To make state governments more “republican”, Congress should require multiple-member districts or at-large elections using selection by proxies or ranked choice voting in states with more than one representative in Congress and in state legislatures.
At the very least, Congress should repeal this act to enable states to neutralize the effects of gerrymandering and give voters more choices regarding who will represent them in Congress by electing representatives at-large or from multi-member districts using ranked choice voting.
Veto Referendums and/or Veto Overrides by a Simple Majority
Allowing one person (a president or a governor) to negate the votes of a sizable majority of the members of Congress or a state legislature, if support for a bill is even one vote short of the two-thirds super-majority in both the House and the Senate (as currently required to override a veto) is extremely undemocratic, violating the principle of majority rule.
In a true democracy, the role of a president or governor is to simply carry out (execute) the laws that have been enacted by the people and by the legislature. If we continue to allow a president or governor to veto legislation, to be consistent with the principle of majority rule, the legislature should be able to override a veto by a simple majority vote. We could also continue to allow presidents and governors to review legislation that has been enacted by the legislature, share their concerns, when they have concerns, and encourage the legislature to reconsider the legislation, but stop short of allowing presidents and governors to veto legislation.
In a true democracy, the power to veto legislation is properly vested in the people. Whenever it appears likely that Congress or a state legislature has enacted legislation that does not have the support of a majority of the people, veto referendums should be conducted, with every voter having a single vote, and the votes of a simple majority deciding whether legislation is approved or rejected. Calling veto referendums should be a simple and relatively easy process. The power to call a veto referendum could be shared with a super-minority of one-third or more of either house of a legislature (or a unicameral), the people (through the initiative), or a president or governor.
People already have the power to veto legislation by calling a veto referendum in some states. We should extend that power to the people of America and to the states that do not provide for veto referendums.
Note: This proposed reform is incorporated in the Personal Representation and Perfect Democracy Amendments.
Make Judicial Reviews Advisory
Supreme Court Justices should be able to share their opinions, but not unilaterally nullify acts of Congress.
The power of the Supreme Court to nullify acts of Congress that have been signed into law by the president is not included in the Constitution. The power of "Judicial Review" is a power the Supreme Court gave itself early in our nation's history. Allowing a handful of Supreme Court Justices to unilaterally "veto" legislation through "Judicial Review" makes the judicial branch supreme rather than the legislative power.
The Supreme Court of the United States and the Supreme Courts in the states should have the power to notify representative assemblies of their opinion with regard to legislation being "unconstitutional" and offer suggestions for how to address their concerns. Representative assemblies should have the option of addressing or ignoring those concerns by a majority vote of the members.
The Power to Grant Pardons
Allowing one person to set aside convictions for crimes is a formula for corruption, placing too much power in a single person. Lord Acton's assertion that "Power tends to corrupt and absolute power corrupts absolutely" applies here.
The House of Representatives (both in Congress and in state legislatures) should have the power to grant pardons or commute sentences, by majority vote. (Ideally, within a system that includes Proxies for Citizens.)
Note: This proposed reform is incorporated in the Personal Representation and Perfect Democracy Amendments.
Corporations are not People
Corporations are not mentioned anywhere in the Constitution. Corporations are not people. They are a form of business organization. The fact that five misguided, dark-robed Supreme Court Justices declared that corporations are people, with the same natural rights as human beings, does not make it so. The corporate form of business organization enables companies to reap enormous profits, grow very large, and become very powerful. We must prevent that power from being used to take control of our government.
[A joint resolution (H.J. Res. 54) has been introduced in the U. S. House of Representatives by Representative Pramila Jayapal. It currently has 75 cosponsors.]
The Details of a Constitutional Convention
Article V of the U. S. Constitution includes a provision for amendments to be proposed by means of a constitutional convention to be convened “on the Application of the Legislatures of two thirds of the several States” but does not include any details regarding how delegates to that convention would be chosen or how the business of the convention is to be conducted. If an Article V Convention is called without those details already in place, it will precipitate an unnecessary and avoidable constitutional crisis.
Several separate campaigns are actively seeking to call a convention, each of them calling for competing limitations on the amendments that can be proposed or considered at a convention. Twenty-eight states have adopted resolutions calling for a convention. That is only six short of the number required. It is not clear if Congress is required to call a convention if there are different limitations in some of the resolutions or if states legislatures have the power to set limits on the amendments that can be proposed the delegates to an Article V Convention.
The delegates to the Federal Convention of 1787, immediately upon convening, decided to disregard the language in the resolution that called the convention limiting them to do proposing nothing more than revisions to the Articles of Confederation. The delegates to an Article V Convention could presumably do the same thing.
Our greatest blessing, as Americans, is that we can change the form of our government peacefully, using ballots instead of bullets. (Although the amendment process is among the most anti-democratic provisions in our Constitution.). An Article V Convention is likely to be the best means of enacting the amendments needed to remove the other anti-democratic provisions from our Constitution. Absent legislation detailing a democratic process for electing delegates and conducting the business of the convention, there is good reason to fear an Article V Convention. With a democratic process in place, there would be good reason to celebrate a convention.
This is another reform needed to avert a foreseeable constitutional crisis. It could be enacted as an amendment to the Constitution or as legislation.
Here is a draft of proposed legislation:
The Details of an Article V Convention
Delegate Selection and Conducting Business at an Article V Convention
Upon receipt of valid applications from the legislatures of two thirds of the several states calling for a convention, Congress shall call an election of delegates to that convention on a date not less than five months nor more than six months after the required number of applications are received. Any applications for an Article V convention that include limitations on the nature of amendments that can be proposed by delegates to a convention shall be rejected as invalid.
At that election, the citizens of each state shall elect a number of delegates equal to the number of representatives each state is entitled to in the United States House of Representatives. Each delegate shall be eighteen years of age or older. No person holding public office shall be eligible to serve as a delegate. Citizens seeking to serve as a delegate shall be nominated by nominating petitions only, which shall be signed by a number of citizens of the state in which the citizen seeking to serve as a delegate resides, totaling one tenth of one percent or more of the number of voters who voted in the most recent state-wide election in that state. Notarized copies of the nominating petitions shall be submitted to the Secretary of State of the state in which they reside unless a different public official is designated by the legislature of a state. Nominating petitions must be submitted at least 60 days before the election of delegates.
All such candidates shall be voted for on a ballot providing for voters to rank a minimum of five candidates, in order of preference. Votes shall be tabulated as follows:
The delegates so elected shall convene in Washington, D. C. on a date designated by an act of Congress, not less than 30 days nor more than 60 days after their election. The facilities of the House of Representatives shall be made available for the convention and the delegates.
Upon convening all delegates shall take an oath to discharge faithfully their duties as delegates to the convention.
Congress shall provide the funds necessary to reimburse delegates for reasonable and customary expenses related to attending the convention.
A majority of the delegates shall constitute a quorum for the transaction of business. Delegates shall be free to propose a constitution or amendments to the present constitution, irrespective of any limitations or restrictions included in applications from the several states calling for an Article V convention.
No constitution or amendment to the present constitution shall be submitted to the people of the United States of America for their ratification or rejection unless by the assent of a majority of all the delegates-elect, the yeas and nays being entered on the journal of the convention.
The delegates to the convention may appoint such officers and employ such assistants as it may deem necessary and fix their compensation. Delegates may make provisions for the printing of documents, journals, proceedings and a record of its debates, and appropriate money for the expenditures incurred.
The sessions of the convention shall be open to the public. The convention shall determine the rules of its own proceedings, choose its own officers, and be the judge of the election returns and qualifications of its delegates. In case of a vacancy by death, resignation, or other cause, the vacancy shall be filled by the last candidate eliminated during the tabulation of ranked choice votes.
Any proposed constitution or constitutional amendment adopted by the convention shall be submitted to a vote of the people of the United States of America at such time, in such manner, and containing such separate and alternative propositions and on such official ballot as may be provided by the convention, at a referendum conducted not less than 60 days nor more than six months after the adjournment of the convention. Upon the approval of the constitution or constitutional amendments the same shall take effect at the end of 30 days after the referendum. The results of the referendum shall be certified and proclaimed by the House of Representatives.
Conduct Business Democratically in Legislatures
Rules and established practices in both houses of Congress and state legislatures empower minorities and, in some cases, even individual members to block action on legislation.
The filibuster is the most notorious example. Requiring a super-majority of 60 votes in the U. S. Senate to even discuss or debate, let alone pass, legislation has been one of the primary reasons that critical problems and issues are rarely addressed by Congress. Getting rid of the filibuster requires nothing more than electing senators who believe in majority rule (democracy) to a majority in the U. S. Senate.
When Champions of Democracy hold a majority of the seats in a legislative body, they will be able to accomplish this reform without any further assistance from Politically Active Citizens.
Join the Campaign to Make America a Perfect Democracy
Communication is vital within a broad-based grassroots movement. We are compiling a data base of pro-democracy activists and voters. To join the campaign to make America a Perfect Democracy, please provide your email address. Your information will not be sold or shared. You will not receive emails or text messages soliciting financial contributions.
The material on this website is adapted from a soon to be published book: Government by the People: Perfecting Democracy in the 21st Century by Winston Apple.
Content is Copyright 2025 Gary Winston Apple, unless otherwise noted..
Permission is granted to share with proper attribution. All Rights are Reserved.
This website is paid for by Perfect Democracy - a 501(c)4 political action committee.