By Commenter Chris via GottaLaff
Chris e-mailed me the other day regarding the subject below, and I invited her to send me a full post on it. It's happens to be about, but not limited to, Connecticut and the effort to introduce ballot initiatives, bypassing the state Constitution:
First, a little background: Connecticut amends its Constitution through conventions . They meet and propose whatever changes, which are then put before the electorate for approval. Any proposals approved by the voters become part of the Constitution.
So, November 4, 2008 being the first Tuesday after the first Monday in November in the even-numbered year next succeeding the expiration of a period of twenty years from the date of convening of the last convention, electors in Connecticut will vote on the ballot question:
"Shall there be a Constitutional Convention to amend or revise the Constitution of the state" as required by Article 13 of the CT Constitution. [Sec. 2] If a majority votes yes, then a convention must be held no later than one year after the date of the vote [Sec. 3]. If a majority votes no, a Constitutional Convention may be held in one of the intervening years [but not earlier than 10 years from the date of the last convention] at the request of a two-thirds majority in each house of the Legislature [Sec. 1]
That's how we do it and it's complicated for a reason.
This year, proponents of holding a convention want to put forth the proposal of changing Article 13 . They want to implement an "Initiative Referenda", which basically means doing away with the conventions and bringing proposed amendments directly to the voters, the way it's done in other states, such as California. I don't like it.
For the record, I live in California, and I don't like it either.
Our Constitution has been around longer than the US Constitution and it's supposed to be difficult to change it.
It's supposed to be a deliberative process, rather than one that is subject to popular whims and fears, which is what direct initiative will bring us.
The proponents say that they will push for an agenda to amend the Constitution to provide for limiting property taxes (how well did that work out for ya, CA?). They also want hard changes to the Constitution for immigration reform, a three-strikes law, ethics reform, eminent domain reform, term limits, a recall provision, and "More!!! Much More!" .
All of those things (except eminent domain – which does need reform) can be accomplished by the Legislature. We don't have to change the Constitution for them, except maybe the recall provision, which I'm not convinced is a good idea anyway.
And then there's gay marriage. The CT Supreme Court decision earlier this month made direct initiative imperative if the voters want gay marriage banned. Richard Blumenthal, CT Attorney General, said that the court was the final arbiter and the decision would be respected.
Jodi Rell acknowledged that banning gay marriage was a fight she could not win. The decision was based on the equal protection under the law clause of the Constitution, so any amendment would have to address that. Do we really want to screw with equal protection? Do we really want one segment of the population deciding what rights another segment is allowed to have??
A major point of the Constitution is to protect the individual from the tyranny of the majority!
There are others ideas out there which could find their way onto the ballot from initiatives - things we haven't thought of yet. And every popular whim that can gather enough signatures on petitions will make it to a ballot in November. We could be taking a lot of the decision-making power out of the hands of the people we've elected to make decisions about the way the state is run.
After writing all this, it is clear to me that my opposition to the ballot question isn't about amending the Constitution; it is against direct initiatives.
It is an argument best given when the question is about amending the Constitution to allow for Initiative Referenda. But still, I'm voting NO on the ballot question, just to be safe.
I completely agree with Chris. We have had election after election in which we vote on initiatives that are worded badly, are too convoluted for many to understand (I believe Rachel Maddow made that point last night), and most importantly, should never have made their way on to the ballot.
Chris's heartfelt and intelligent e-mail to me was too important to gloss over, and I'm thrilled to have been able to share it with you.