The Constitutional Convention: Invite Everyone

Joe Mathews's picture
Journalist and Irvine senior fellow at the New America Foundation. He is co-author of California Crackup: How Reform Broke the Golden State and How We Can Fix It (UC Press, 2010).

As a reporter, I spent a good amount of time sneaking into places where I wasn’t supposed to be. Humankind, especially the sub-species known as newspaper editors, have a fascination with exclusive places and events, after all. My experience – over and over – was the same. The story was always better when I could NOT find a way inside. The mystery – and the fact that I could write about the secrecy of the particular event or meeting – made it more interesting. When I managed to sneak in and witness what happened, the story often proved to be a letdown: the negotiation or party was always far more boring in reality than in the imagination.

Which brings me to the ongoing debate about who should be permitted to serve as a delegate at a state constitutional convention. Should delegates be elected in some form? Should regular voters be delegates, chosen at random or through some other kind of system? Views are being expressed and opinions are hardening. Supporters of elections suggest that bringing in random voters would create a chaotic disaster. Supporters of using random voters fear that special interests would dominate elections.

Here’s a simpler way to do it (which was first suggested to me by a very smart and experienced California political consultant with no ties to the convention): Open up the convention to anyone who wants in.

That’s right. Let’s try Athenian democracy.

You want to be a delegate? If you’re a registered California voter who is willing to pay for your travel, volunteer your time and show up for every meeting, then you should be able to be a delegate. California voters are the authors of every word in the California constitution, so any voters who wants to rewrite the document should be invited to show up.

Some might say that such a convention would devolve into a too-big free-for-all, sort of the California version of Andrew Jackson’s inauguration. I doubt it. As long as a rule was put in place that required each delegate’s attendance at every meeting (skip a meeting and you’re kicked out), you wouldn’t have too large a group. And the benefits of such an approach are great. Much of the fear about convention delegates is a result of concern that the rules would be used to exclude certain people, viewpoints, and interests. If the convention is truly open, those concerns would melt away. (Yes, one could say that requiring people to pay their own way is a form of economic discrimination that would favor well-financed, organized groups. But by the same token, the unemployed might be over-represented, since they have the kind of free time to devote themselves to this).

If the convention feels like an exclusive party, people will want in (and you’ll create politically poisonous resentments). But if the convention looks like what it should be – a serious chore for delegates – the only problem may be convincing enough people to show up.

What venue is big enough for the first day?

Besides the good points in the previous comment, the convention would be heavily weighted toward retired people who live in close proximity to the venue. Also, although a requirement to attend every session might reduce attendance over time, that wouldn't get anyone kicked out the first day. Where are you planning on having this open-to-everyone convention? Is ARCO Arena big enough? Perhaps you'll have to go for an outdoor venue like the LA Colosseum? There are only a few cities in California big enough to take on a national political party convention, and this seems like a bigger operation. And then there are the practical problems of operating a meeting of tens of thousands. Is every participant going to be entitled to speak on every question before the convention? Or are they at least entitled to speak on the proposed rules of convention procedure? There's lots of opposition out there to a constitutional convention. How easy do you want to make it for the oppenents to make it impossible for the convention to accomplish anything? (Or is that the whole point of this piece?)

Economic discrimination

Opening a constitutional convention to anyone who can pay their way would be, as you rightly note, economic discrimination that would in fact not be counterbalanced by the unemployed, as you posit.

The majority of the unemployed would, obviously, not be able to pay their way because they're not making any money. So they would not be able to counterbalance the under-representation of low-income citizens. On the other hand, corporations would have more than enough money to load up the convention with their agents; all they need to do is reassign all their lobbyists in Sacramento. While the average citizen would have to take leave from their job to participate, lobbyists would in fact be doing their job by participating.

This proposal would guarantee an unrepresentative convention. A potential way to remedy this problem while maintaining the open-to-anyone structure would be some type of convention voucher that supplies the funds for anyone who would like to the convention and can prove that financial hardship would prevent them from going otherwise. There would also need to be an extremely extensive publicity campaign, both in terms of time and reach, to make sure that every Californian knows about the convention.

All in all, the random "jury selection" method would likely be much less complicated and probably achieve a similar result. I do sympathize with your desire to have truly engaged delegates but it may not be possible.



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