General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsConstitutional Convention
I read that there is a Republican push to have a Constitutional Convention to rewrite the Constitution as an authoritarian document. I think that if they try to do that, it is possible that some (many? all?) blue controlled States might secede. The Trump Regime is illegitimate. Since they are basically suspending the Constitution, then we are not obliged to follow it either. That means that States could be free to act independently.
The Trump Regime is repeatedly and willfully in violation of the U.S. Constitution. They have usurped the funding and budgetary powers of the Congress. They are usurping the legislative powers of the Congress by making "law" with Executive Orders that are diktats. They are dissolving federal agencies established by the Congress that only Congress has the right to defund or dissolve. They are in open defiance of the Judicial Branch and the Courts. They are in violation of the Amendments that provide Due Process and against Illegal Searches and Seizures. They no longer abide by the Constitution so their Authority is Null and Void.
Since their Federal Government is therefore legally defunct, the powers, rights, and responsibilities of government to protect the lives and rights of citizens should naturally devolve to the States. All Democratically controlled States should prepare charges against all Trump Regime agents that violate State Laws. That includes kidnapping people off of the streets with no due process.
If the Trump Regime is creating a fascist Federal State, free States have a right to resist and that might include secession. Seceding States would naturally ally with each other, and with former friendly nations like our neighbor Canada and the European nations. I hope that we can maintain the Union and prevent a Fascist Government from being established, but the dissolution of the Union and Civil Conflict might occur if Trump and his Allies try to rewrite the Constitution to formally establish a Dictatorship and Authoritarian Government.
= new reply since forum marked as read
Highlight:
NoneDon't highlight anything
5 newestHighlight 5 most recent replies
markodochartaigh
(2,759 posts)Constitutional Convention for decades. It would take 34 states to call it and they have 28. It is unlikely that they could get 34, but they are trying to include states which called for it decades ago. I don't worry too much about it, unless the Republicans get the SAVE Act or something similar passed, maybe get Trump's dream of a single day election passed, or find some other
way to abuse the electoral system and turn six purple states electorally red. If they do succeed look for a Constitution which says life starts at birth, marriage is between a man and a woman, the federal budget must be balanced, labor unions are illegal, and things like that.
https://www.commoncause.org/articles/a-constitutional-convention-with-no-guardrails-is-a-real-possibility-we-must-stop-it/
https://www.commoncause.org/articles/a-constitutional-convention-with-no-guardrails-is-a-real-possibility-we-must-stop-it/
CitizenZero
(920 posts)Thanks for the response and the link. Also included in a Trump Constitution would be the absence of a Bill of Rights. No Free Speech, No Free Press, No Due Process. It would be a Constitution for a Fascist Police State. We have got to stop them.
regnaD kciN
(27,005 posts)…used by certain groups to raise funds.
Nothing that such a convention could come up with could become part of the “new Constitution” without being ratified the same way as standard amendments – by a vote of 3/4 of the states. If one thinks anything even remotely radical would pass that test, one is living in fantasy land.
Why would Trump and his gang of criminals even abide by those rules? They are already in defiance of the actual Constitution. If they manage to hold such a Convention, they could just declare that the new Constitution does not need to be ratified by 3/4 of the states. I do not think that this is beyond the plans of the Trump Regime. Russell Vought and his Heritage Foundation cronies only follow the law and the Constitution when it suits them. They defy the law and the Constitution when it is inconvenient to their fascist plans. They could just hold a sham convention to cover for the establishment of a new Christo-fascist Constitution. So I am not quite so sanguine about this as you seem to be.
regnaD kciN
(27,005 posts)…is itself enshrined in the Constitution, complete with the requirement for state ratification. Under the Constitution, those can’t be changed.
It seems like what you’re asking is, “what if Trump decides to ditch the Constitution and rule by decree?” I agree, but, if Trump does this, why would he need a convention to do so.
CitizenZero
(920 posts)You wrote- "It seems like what you’re asking is, “what if Trump decides to ditch the Constitution and rule by decree?” I agree, but, if Trump does this, why would he need a convention to do so."
I would say for the same reason Putin has a sham election every once in a while. To provide the false appearance of law and democracy where there is none. A sham convention and a "new" Constitution that gives Trump absolute authority where he can say "see, I am abiding by the law and the new Constitution. My tyranny is not illegal".
So I understand your position but I think that this Regime is fully capable of doing something like a sham Convention. It would provide pseudo-legal cover for a fascist state. I would not put anything past these people.
RJ-MacReady
(423 posts)It still takes 38 states to ratify any new proposed amendments.