Insiders behind the opposition to Constitutional Convention


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ri constitutionLike the rest of us, I’ve seen the expensive ads telling us not to vote for a constitutional convention, which is Question 3 on the ballot Tuesday.  What these ads don’t say is how consistently insiders are backing the effort to stop a convention.  The role of insiders has gotten far too little coverage in the media.

I recognize that many of those opposed to a convention are not insiders.  I know a lot of the people doing the grunt work on the anti-constitutional-convention campaign, and I can vouch for the fact that they’re not insiders.

Rhode Islanders are split on the issue, though polling suggests more of us are in favor of having one, including many good-government people such as former Common Cause director Phil West, and many progressives such as those who founded Just Reform Rhode Island, a group I belong to.  So it’s true, if you’re looking for non-insiders, you can find them on both sides of the issue. But it’s significant where the biggest insiders stand, and they’re not as split as we are — they’re backing the opposition to the convention.

Let’s start with the top politicians.  We are told by anti-convention people that we should vote against a convention because it could be controlled by top politicians, like the Speaker of the House.  Well, if that was true, you would expect politicians to be favoring it. They’re not.  Speaker Mattiello opposes a convention.  Not a single top politician in the state is in favor of it, and they try to get voters to turn it down (example1, example2).

In fact, conventions shift power away from top politicians and toward the voters.  If there’s no convention, politicians can continue passing bad laws and rejecting good ones, and the voters never have a say.  But a convention is different.  While in ordinary times most State House politicians get re-elected easily without even having any opponents, a constitutional convention attracts more candidates.  If you were a political insider wanting to keep your friends in power, you’d prefer leaving things to the General Assembly, where year after year it’s pretty much the same career politicians elected and doing each other favors, and you’d fear the reforms that could be passed in a constitutional convention where it’s easier for decent people who aren’t career politicians to be elected.

We, as regular people, have goals that are the opposite of political insiders’ aims.  After the 38 Studios scandal and the police raid on the State House, we want to see more democratic accountability, and insiders naturally don’t like the good things that are likely to be pushed forward in a convention by a public which is eager for positive change.  What comes out of a convention will not make the insiders stronger, it makes them weaker and makes the people stronger.  Another advantage of a convention is that a convention doesn’t have the General Assembly’s ability to pass laws on its own.  Every change that the convention proposes must go to the voters, and will not take effect unless voters say so.  So, compared to the General Assembly, a convention offers more safeguards against bad laws.  That’s especially true in 2014 Rhode Island, where the voters not only want reform but also support progressive values, much more so than our politicians.

In case anyone thinks insiders like Mattiello secretly want a convention, their actions speak even louder than their words.  Mattiello and other top State House politicians appointed a “preparatory commission” this summer to produce a report on the possibility of a convention, and Mattiello chose a convention opponent to help run the commission.  The commission held only a few hearings in the State House in Providence, without visiting the rest of Rhode Island.  Its final report only briefly discussed what a convention could do, and estimated the cost of a convention as $2.5 million: a surprisingly high estimate, considerably more than the costs for the 1973 and 1986 conventions even after accounting for inflation.  Next, this report was edited down, in the version sent to voters in the Voter Information Handbook, so that it said nothing at all about what topics a convention could address and only told voters about the convention’s cost, again using the unusually high estimate of $2.5 million (which is still only $2.40 per person).  When our political elite dwells on the minor cost as an argument against change and accountability, it’s a telling sign.

A couple of people involved with the anti-convention campaign have posted articles on RI Future, highlighting a press conference where 3 former delegates to the 1986 convention tried to convince us not to have another convention (article1, article2).  It’s worth noticing that these 3 former delegates at that press conference trying to stop a new convention are all people who have developed strong insider connections.

Two are former RI state senators (one became the Senate Minority Leader), and the third was appointed by notoriously corrupt mayor Buddy Cianci to a judgeship (and later promoted by Cianci to chief judge).  Now, I don’t know what was going through these 3 people’s minds, and I don’t want to trash their motives.  The fact that a person has insider connections doesn’t necessarily mean that he or she isn’t an honorable person. But on the other side, I think it’s reasonable for Rhode Islanders who are concerned about the future to not accept things just because an insider-y group says so.  And the fact is that these 3 well-connected people don’t speak for all former delegates.  It’s significant that so few of the former delegates were willing to join in that message — I’ve talked to other former 1986 delegates who have learned from the 1986 convention and now want a new convention to do things better.

It’s true that the 1986 convention had flaws: there wasn’t enough public organizing in advance of the 1986 convention to keep things out of the insiders’ hands.  (My group, Just Reform Rhode Island, is already working on that.)  And it’s also true that the last convention was held in 1986, when Rhode Island was in a much different place politically than it is now — for instance, Rhode Island voters are now pro-choice by huge margins.  We’re now faced with a choice: we can either vote down Question 3 and stay closer to the constitution written in 1986, when Rhode Island was very different, or else vote for a convention as an opportunity to move the constitution to something that better fits the values that Rhode Islanders now have 30 years later.  What does it say when 3 of the people who had the privilege of being involved in writing the 1986 constitution, and then later developed insider ties, are telling us not to try changing their work now?   I can’t speak for why they’re saying that, but to me, their anti-convention message doesn’t cut it.

The insider effort against the convention isn’t limited to politicians.  Take RIPEC, the Rhode Island Public Expenditure Council, a group whose board is largely made up of big businesses (some of them based out-of-state) and those with political clout.  They’re always given a very respectful hearing at the State House, more so than people who are trying to voice the concerns of the rest of Rhode Island.  RIPEC issued a report on Question 3 that didn’t directly say “Vote No on a convention”, but does repeatedly hint that a convention may not be a good idea.  The fact that these economic super-insiders are leaning against a convention is worth noting.

In fact, it’s seriously misleading when the anti-convention campaign says that a convention would mean “wealthy special interests” would take over.  In reality, the anti-convention forces are the side with the most money.  They’ve spent over $140,000 trying to stop a convention from happening, about twice as much as was spent on the pro-convention side, according to Board of Elections filings.  Not all of the groups contributing to that $140,000 are bad.  But one of their biggest donors, for instance, is an organization administered by the Senate Majority Leader, Dominick Ruggerio: it’s called the New England Laborers’ Labor-Management Cooperation Trust.  Despite the word “Laborers” in its name, it’s not strictly a union group, but is a kind of combo labor-business-political insider lobbying hybrid, with half its trustees coming from business and half from labor people. This group runs mostly on business contributions, but it’s administered by the Senate Majority Leader, and it has already spent $10,000 trying to stop a convention.

If you look at the expensive ads paid for by the anti-convention campaign, they never mention that Senate Majority Leader Ruggerio’s group is backing them.  Rhode Island law requires political campaign ads to include information about who is behind the campaign, so that voters can learn who is backing or organizing a campaign without having to go look up little-known filings.  Until a few days ago, the anti-convention campaign simply left out all of these required disclosures from all their ads.  After the Board of Elections found they violated the law, they started adding more information, but they still don’t mention that Majority Leader Ruggerio’s group is one of their top donors.  Their list of top donors includes several more innocent-sounding groups instead.  On the whole, I think this persistent lack of disclosure shows a terrible attitude towards voters’ right to know.

It’s ironic that the anti-convention people act like they’re in favor of good government, and stir up fears of big money trying to buy the system, without doing what real good-government people do and showing an open attitude towards disclosing the issues related to their own finances.  In reality, screaming that “wealthy special interests” will buy a convention misses the point: the real problem is that the system we have is already dominated by these wealthy interests.  Big money can do very well if there’s no convention.  What a convention does bring is a chance for the people to have more of a say.

If big money at the national level wanted a Rhode Island convention, or if big money at the state level did, why wouldn’t they spend their cash here and make a difference?  The fact is that the insiders and the fat cats are fairly satisfied with how things are.  Most of them are aware that they face more risk of losing than gaining if a convention did give voters the opportunity to have a say in how the system works.  Don’t just take my word for it: the money speaks for itself.  The idea that a convention could be a tool for wealthy special interests is backed up only by a little talk, not by serious money.  No investor out for mere gain has decided to treat financing a pro-convention campaign as a reliable investment, because voters are quite likely to use a convention to rein in the abuses of the well-connected.

So it’s clear where the insiders stand, the politicians as well as the financial backers.  As for the rest of us, we’re unfortunately split on a convention, and it would be better if more of us start taking this opportunity to promote the positive changes that the insiders are resisting. I know there are some who are honestly against a convention, and it certainly isn’t true that those against a convention are all bad people.  But to suggest that a convention is a tool for insiders and the wealthy is a misleading, expensive falsehood.  It’s a tool for us, if we prepare for it right, and those with too much clout are right to fear it.

Conley no stranger to Con-Con ‘sleight of hand’


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NoConConAdThere is no greater irony than Patrick Conley claiming that opposition to a Constitutional Convention is rooted in “political paranoia,” (“History shows there is no need to fear Constitutional Convention,” October 31, 2014) while extolling the purity of the Constitutional Convention process. By Mr. Conley’s own confession, it was only through “sleight of hand” – his own – that “the most significant substantive alteration ever made in the state constitution” occurred.

In his book, “Rhode Island in Rhetoric and Reflection,” Mr. Conley notes that the 1973 Constitutional Convention was to be limited to “the consideration of certain definite topics.” Feeling he knew better than the people who made the rules, Mr. Conley determined the convention should, in fact, force the electorate to decide every ten years whether or not a convention should be held. Because this was not on the list of approved topics, Mr. Conley stretched the rules of the convention in defining his amendment – claiming it was a revision of election law – placed a misleading title on his document, and bypassed the agreed-upon rules of the Convention. Yet, Mr. Conley promises us that this cannot happen again, with much more dire results for civil rights and civil liberties.

In addition, we question Mr. Conley’s assertion that he “did not see any inordinate influence from” legislators and special interests during his participation in the 1986 convention. Again, in his own book, Mr. Conley writes of being chosen as general counsel for the 1986 convention by convention president Keven McKenna, but that “an irate Speaker [of the House] Smith called President McKenna with an ultimatum: either general counsel Conley goes or your convention funding goes. Thus ended, at least for now, my paid career as a constitutional reformer.” Mr. Conley promises a convention similar to that in 1986. As do we; the difference is that we have provided Rhode Islanders with the truth about the 1986 convention, and what a 2016 constitutional convention would be.

Mr. Conley’s tales of the “sleight of hand” and politics run amok of the Constitutional Convention are just one more reason voters should reject Question 3.

Hillary Davis – Policy Associate at American Civil Liberties Union, Rhode Island Affiliate

Conley’s history wrong on Con-Con, civil rights


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NoConConAdThose advocating for a Constitutional Convention who are saying that there is no threat to human and civil rights ignore our history. The pledges of these reformers ring hollow to those involved in the fight to protect women’s reproductive health care decisions. By dismissing this concern, “So much for conventions as threats to civil rights” (Patrick Conley “History shows: Don’t fear Convention”, October 31), Conley forgets what dedicated advocates for women’s equity never can.

The 1986 Convention proposed two amendments to the electorate that treat women as though they are incompetent to make medical decisions without the interference of the state. The “fetal personhood” amendment was rejected by the public, a story told as a testament to the wisdom of RI voters. The second and more insidious amendment was packaged as expanding free speech rights, yet included this line now in our Constitution: “Nothing in this section shall be construed to grant or secure any right relating to abortion or the funding thereof.” This is why women’s health advocates are concerned. The 1986 convention took away rights recognized as protected by the US Constitution.

This is not “political paranoia or constitutional constipation” as Conley would lead you to believe. Organizations such as the ACLU, RI National Organization of Women, the RI Chapter of the National Association of Social Workers and Planned Parenthood are hardly the political insiders concerned about losing influence in the General Assembly. If we want to reform our system of government, let’s do it in a way that does not pose a risk to people’s rights.

Jamie Rhodes of Warwick, is also the Rhode Island Policy Director for Planned Parenthood of Southern New England.

’86 Con Con delegate Roberto Gonzalez warns against Question 3


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RobertoGonzalez2“Shall there be a convention to amend or revise the Constitution,” will ask Question 3 on Tuesday’s ballot. Citizens for Responsible Government (CFRG), a diverse coalition of organizations united to oppose Question 3, has been working diligently to spread the word why the answer should be no.

A Constitutional Convention, or a Con Con, would be dangerous for the citizens of Rhode Island, especially for minorities and women. Question 3 must be rejected!

On October 21, CFRG held a press conference featuring 3 former delegates from the 1986 Con Con. Former Senate Minority Leader, Lila Sapinsley, former Senator Thomas Izzo, and lawyer and former Housing Court judge, Roberto Gonzalez, Esq. warned against convening another Con Con. Mr. Gonzalez stated, “All the good government stuff went out the window. Just about all.”

Most people do not realize that this wasn’t the first time Mr. Gonzalez had spoken out against a Con Con.

This past August, the Constitutional Convention Bi-Partisan Preparatory Commission held public hearings where testimony could be given for or against a Con Con. As campaign manager for CFRG, it was my duty to submit testimony for our coalition partners whenever they were unable to attend in person. A delegate to the 1986 Con Con and former Housing Judge, Roberto Gonzalez, Esq., provided me with a written statement which I read to the commission. His powerful experience as a delegate warns strongly against the convening of another Con Con. As we approach Tuesday’s election, I felt that it was necessary for me to share this testimony with the public.

 

August 19, 2014

Written Testimony of Roberto Gonzalez, Esq. to the Constitutional Convention Bi-Partisan Commission

Greetings Honorable Members of the Constitutional Convention Bi-Partisan Commission. My name is Roberto Gonzalez. I am a resident of the City of East Providence. I served as a delegate to the 1986 Constitutional Convention. I was just finishing law school at the time, and was full of idealism and had a burning desire to serve. I cannot begin to tell you how disillusioned I became with the 1986 Con-Con process and especially with the end result.

We elected a President to the Convention, Attorney Kevin McKenna, that had been hand-picked and strung out on puppet strings by the then Speaker of the House, Matt Smith. Nothing moved during the convention without Matt Smith’s authorization. He essentially controlled the entire process from beginning to end, including establishing the rules under which we operated.

At the risk of sounding sacrilegious, and with no disrespect intended to the Constitutional Convention Bi-Partisan Commission members who are now part of the GA leadership teams, and who I am sure are working hard on this issue, I have to tell you that the 1986 convention was hijacked from the citizens of Rhode Island. While some delegates deliberated in good faith the outcome of the convention had been predetermined by the then powerful Speaker Smith, who were in turn controlled by the same special interests that control the House Leaders today. Many, if not most of the delegates, were family or friends of those in power. It was never a convention of the People to improve government, but rather a convention of special interests. I am sure that if the good citizens of this State choose to have another convention the exact thing will happen.

Instead of debating good government amendments, the convention will become bogged down with a plethora of polarizing social issues, such as: gun control, abortion, voter ID and immigration. There is nothing to stop the delegates from putting measures on the ballot that will reverse the recent gains by progressives, and good government groups.

After all is said and done the voters will ultimately defeat most of the proposed amendments, but only after several million tax-payer dollars are misappropriated from programs for education, housing, and infrastructure development. Are we not better off putting these funds to work for the People of our State?

Tobin, Stenhouse backpeddle on ‘thorny cultural issues’


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Is Bishop Tobin now doing the same thing he accused Gina Raimondo of?

TobinBishopThomasBishop Tobin, despite a lengthy career of advocating against abortion and marriage equality, has said that in the event of a constitutional convention being held in Rhode Island, he didn’t “think it would or should deal with cultural/moral/religious issues. These particular, discrete issues are better dealt with in the normal legislative process.”

The Bishop’s statement stands in stark contrast to his earlier statements regarding marriage equality, which he said should be placed on the ballot for a popular vote, “We will continue to oppose efforts to redefine the institution of marriage in Rhode Island… The citizens of Rhode Island have a right to vote on this crucial issue.’’

One wonders if Bishop Tobin’s backing off on the issue of abortion, as pertains to a ConCon, represents “an inexcusable lack of moral courage” and an abandonment of “teaching of the Church on the dignity of human life for the sake of self-serving political gain” as he recently said of Gina Raimondo when she announced her position on abortion.

Why would Tobin, so dedicated to changing the laws regarding abortion (and marriage equality) give up a potentially powerful tool that might help him accomplish his task? Does Tobin intend to go so far as to oppose any potential resolutions passed by a ConCon that sought to deal with “cultural/moral/religious” issues in a way the church favors? Can you imagine the Bishop taking a stand against an amendment limiting reproductive of LGBTQ rights if one were to make it through the ConCon?

I can’t.

017frontMeanwhile, Mike Stenhouse, of the Rhode Island Center for Freedom and Prosperity, a group devoted to crank economics, has pledged to not “support any amendment in a convention that would infringe on individual rights,” despite a line in the Center’s own report that said a ConCon could, “Resolve some thorny cultural issues – one way or another – through the mechanism that most clearly represents the will of the people.” (page six)

Stenhouse’s attack on Jim Vincent of the NAACP and Steve Brown of the ACLU for pointing out the actual words found in the Center’s report rings false. Stenhouse maintains that, “Any honest reading of this section clearly shows that the Center was not taking a position on those topics. Nor is the Center aware that any pro convention organization has publicly suggested that social or cultural issues should be a convention topic.”

So what does “resolve thorny cultural issues” mean to Stenhouse? It’s hard to know, but Stenhouse defender Justin Katz, in a piece entitled, If not on the Ballot, Where? attacks Vincent and defends the Center’s statement by saying, “Look, cultural issues have to be resolved.” In other words, thorny cultural issues are up for discussion in a ConCon, no matter what Stenhouse says.

Maybe the Center should get its messaging straight.

Whereas Tobin serves the Catholic God, Stenhouse serves the God of the Free Market, whose invisible hand makes the rich richer by picking the pockets of the poor. Stenhouse pledges not to support any amendments that might infringe on individual rights, but the term “individual rights” does not equate to civil rights or human rights. The term “individual rights” is much narrower than that.

Individual rights are not group rights. Individual rights are not environmental rights. Under this narrow conception of rights, corporations are individuals, unions are not. The concept of individual rights is often advanced as a way of avoiding the obligations our rights impose on us. Under this view, everybody is responsible for their own rights, not the rights of others.

Human rights, on the other hand, are understood to be “interrelated, interdependent and indivisible” and to apply to “individuals or groups.”  Stenhouse and the center are cautious to avoid terms like human rights and civil rights because these terms carry a moral, ethical and historical weight that is bigger and more expansive than the narrow limits the narcissistic, Objectivist term “individual rights” allow for.

Human rights are both rights and obligations. When we talk in terms of human rights, we call on the power of states to enforce and enhance those rights. Stenhouse and the Center prefer a world of limited government that is unconcerned with human rights and is concerned only with the narrow limits of individual rights. Civil rights legislation that forces bigoted shopkeepers to serve hated minorities are not allowed under this formulation.

Finally, it’s easy for Bishop Tobin, Mike Stenhouse and the members of Renew RI to pinky swear that they will not go after what they call “thorny cultural issues” because they don’t control all the forces in and out of Rhode Island that may involve themselves in the process. Further, their promise to not involve themselves in such issues are limited and conditional.

So it all comes down to this: Do you trust them?

Former ConCon delegates agree: It doesn’t work


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Delegates from the 1986 Constitutional Convention recalled their experiences and urged against convening another convention in 2016 from the steps of Garrahy Judicial Complex where several ConCon meetings were held in the 1980s. The three speakers were united in their opinion that the ConCon is not the tool for tackling issues of governmental reform, and in fact does pose a threat to civil liberties. Further, a new ConCon will almost certainly be captured by special interests, in much the same way the last one was.

Lila SapinsleyLila Sapinsley, former delegate to the 1986 Constitutional Convention and former Senate Republican Minority Leader, said:

“In 1986 when a Constitutional Convention was approved I eagerly ran for delegate. I naively thought that if delegates ran without party labels the convention would be free of politics. However, my hopes were dashed when I saw that since candidates ran from House districts, the convention was a mirror image of the House of Representatives. Delegates, if not directly connected to party leaders, were family or friends. The Speaker of the House controlled the convention. If delegates to the 2015 convention are elected by existing electoral districts we will again have a duplicate of the legislature. Let’s concentrate on electing better representatives and forget about an expensive duplicate of the General Assembly.

Roberto GonzalezEast Providence resident Roberto Gonzalez, also a former delegate, stated:

“The 1986 convention was hijacked from the citizens of Rhode Island. While some delegates deliberated in good faith, the outcome of the convention had been predetermined by the then-powerful House Speaker, who was in turn controlled by the same special interests that have controlled House leaders in recent history. Many, if not most of the delegates, were family or friends of those in power. It was never a convention of the people to improve government, but rather a convention of special interests. I am sure that if the good citizens of this state choose to have another convention, the exact thing will happen. Instead of debating good government amendments, the convention will become bogged down with a plethora of polarizing social issues such as gun control, abortion, voter ID, and immigration. There is nothing to stop the delegates from putting measures on the ballot that will reverse or dilute the civil rights gains that have been so difficult to obtain.”

Tom IzzoTom Izzo, another former delegate, said:

“The process of electing delegates alone impacts the potential for a ‘purer, freer and more open deliberation’ – a process where, while non-partisan, does not allow for a real vetting of the candidates’ qualifications. In most instances–though not running–sitting representatives hold inordinate sway, and special interests can leverage their greatest influence. These special elections, as in most primaries, have a very low voter turnout, and candidates must depend on these special interests to get elected. While there were a few positive outcomes from the last convention, I do not believe the time, the financial cost, the potential negative impact on civil rights, and most importantly the virtually unlimited impact of special interests, especially in light of recent rulings regarding campaign spending, warrants or justifies the calling of another convention.

There is no reason to think that a Constitutional Convention held today will be any different from the 1986 experience, and a number of reasons to think that the results of a new convention will be worse. Since 1986, the influence of money on politics has exploded. The present Speaker of the House is no less powerful than his 1986 predecessor, and is potentially more powerful. No changes have been made to the selection process of delegates that might prevent a convention from being hijacked again.

Promises from proponents that this Constitutional Convention will be different are meaningless. They have no more control over the proceedings and outcomes of a ConCon than I do. Across the country, no state has held a ConCon since the one held in Rhode Island in 1986, for all the reasons the former delegates outlined above.

Why should Rhode Island be the only state not to learn from its mistake?

Why the left should embrace a ConCon


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ri constitutionSome progressive groups and labor unions are actively opposing holding a constitutional convention. Indeed, I just got a letter for the head of the RI Federation of Teachers to that effect. It seems there was no rank and file input into that decision. Similarly as a member I had no input into the ACLU decision to oppose.
This is a disappointment, as Rhode Island is not doing that well, especially for working people, and much of the public is cynical about government, disengaged from civic activity and the political process. This is not in our interest as ultimately we need a more positive attitude to get the public support needed for government programs.
A constitutional convention can address this by reforms getting at the who-you-know insider system, Assembly procedures allowing midnight sessions with rules suspended, judicial selection abuse, 38 Studios type end runs around voters, fair redistricting, campaign finance, ethical requirements on legislators. It can build democracy, especially if voter initiative is approved, as it almost was the last time. The RI Sierra Club chapter had supported VI because of our experience elsewhere where it was used to pass environmental legislation, including CA coastal protection that real estate interests had blocked in their Assembly, and “bottle bills” blocked here by the throwaway industries. Indeed much of the energy these day on voter initiative is in the progressive direction, raising minimum wages, paid sick days, labeling GMO food, repealing anti-labor laws, expanding a bottle bill, but many of our progressives seem not to have caught up with that.
Civil rights is a legit concern, but I see little threat voters will restrict the rights of minorities in RI. MA is similar to RI but though they have voter initiative, this has not been a problem. Indeed a constitutional convention or VI could EXPAND rights such as the right to privacy, rights of the terminally ill, rights of children to an adequate education (recently ruled not now a constitutional right,) the right to vote, maybe even improved rights to shoreline access.
As for reproductive freedom, it is a big factor in my support for a con-con in hopes of getting Voter Initiative which of course the Assembly would never voluntarily give up any power and allow. Think ahead. If the GOP wins the next election, a shift of 1 US Supreme Court justice could overturn Roe v Wade, not an unlikely prospect. What are our prospects in the Assembly then, especially with Mattiello and Paiva-Weed in charge? Very low. Pro-choice people would be much better off with the voters, but without VI we’d have no recourse.
I think it would damage the union movement and the progressive community if they are seen as being afraid of the people voting, especially as Rhode Island voters consistently support infrastructure, transit, and public higher education investments, facilities for veterans and the disabled, and environmental protection, even voting pro-choice when that was once on the ballot. We have a small progressive group, Just Reform RI, that is advocating for the constitutional convention, we are developing a website www.justreformri.org and a “civil rights pledge” asking candidates for any convention to sign pledging not to reduce the civil rights of anyone. Please consider meeting with us as appropriate. Lets give democracy a chance!
Barry Schiller

What does GoLocal’s purported Con-Con poll really show?


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DSC_5289GoLocal ran a story claiming that a Center for Freedom and Prosperity poll indicates that Rhode Islander’s strongly favor holding a Constitutional Convention. But the poll, as released, doesn’t show that at all. What the poll demonstrates is that 70% of likely Rhode Island voters think “things” are on the “wrong track” in the state, that 59% think the economy is the most important problem we are facing, that 77% believe that our political leadership deals with problems inadequately, and 79% believe that state government is more geared to “special interest groups.”

How is this news?

These results are hardly surprising given the state of the economy and government. Based on these poll results, Center CEO Mike Stenhouse urges voters to approve a Con-Con to address these issues, but the poll does not demonstrate that voters favor a con-con as a remedy. In fact, it seems that the results of the poll that might deal with a con-con, Q.8-Q.18, have been withheld from the public. You can view the poll here, and see plainly that the questions jump from Q.7 to Q.19.

In other words, the information released is only what the Center wants you to see, not a real picture of likely voter attitudes.

Some results from Q.16 were released by the Center. These are statements from participants on why they favor holding a Con-Con, but question 15, which perhaps asks participants if they favor a Con-Con, is not included. There are 96 statements in support of a Con-Con listed, out of 516 participants interviewed and weighted for this poll. If this is everyone in favor of a Con-Con, that’s less than 20% support. Even if this is only half of the support the poll found, we’re still left with less than 40% favoring a Con-Con.

Had the poll indicated a majority of likely Rhode Island voters were in favor of a Con-Con, the Center would certainly have included this in the poll results they released. In the absence of the full poll results, we can only assume that the Center did not get the results they were looking for, and that GoLocal made a huge mistake in mischaracterizing the results.

Based on the information released by the Center so far, it’s obvious that Rhode Island voters see the Con-Con for what it is, a chance for special interests like the Center for Freedom and Prosperity to alter the Rhode Island State Constitution in favor of the corporate interests they front for.

Are you against Grover Norquist? Then you should be against a ConCon


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Brewster, Rodriguez and Araujo

Grover Norquist’s visit to Rhode Island makes it obvious that outside forces are sharpening their knives in preparation for a chance to carve up Rhode Island’s Constitution into bite-sized chunks. Perhaps even small enough to drown in a bathtub?

The progressive coalition against such a fate, the Citizens for a Responsible Government, held a press conference outside the Squantum Association minutes before Grover Norquist gave his short pep talk to those in support of a Constitutional Convention at a fundraising luncheon. Coalition spokesperson Pablo Rodriguez was joined by Kate Brewster, head of the Economic Progress Institute and Michael Araujo, business agent for the International Association of Theatrical and Stage Employees, Local 23.

Together the three speakers made a compelling case for why the very presence of Norquist, an out-of-state conservative lobbyist representing anonymous, big monied interests makes a compelling case against holding a constitutional convention.

“The poster child of wealthy out-of-state special interests is Grover Norquist,” said Pablo Rodriguez, who is also President of Latino Public Radio, “whose could use a Constitutional Convention as a vehicle to buy any issue he wants. If we allow a Constitutional Convention, we will essentially be handing the keys of our government over to people like Norquist and his billionaire friends.”

“The average Rhode Islander who is struggling to pay the mortgage, afford child care so they can get to work, or put their kids through college doesn’t have the time or the resources to fight wealthy, out-of-state special interests like Grover Norquist and his billionaire backers, the Koch brothers,” said Kate Brewster.

“Grover Norquist is a guy who once said, ‘My ideal citizen is the self-employed, homeschooling, IRA-owning guy with a concealed-carry permit,’” stated Michael Araujo. “Is this really who hard-working Rhode Islanders should be taking voting advice from?”

There is a reason that no state has held a constitutional convention since the last time we had one in Rhode Island, three decades ago. Big money wants to write the rules of our democracy, and corporate interests are served by weak governments that can’t afford to protect their citizens from being exploited.

Gov. Chafee is against a ConCon


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chafee weed foxGovernor Lincoln Chafee is opposed to a constitutional convention, he told me today, because delegate districts “mirror” legislative House districts. This, he said, gives House leadership too much influence in the process.

“When I served on ’85-’86 convention, it was run by the speaker,” Chafee said in a phone interview today. His first elected office was as a delegate to the last concon 30 years ago.

“The trouble is that the delegates’ districts mirror House (district) boundaries,” he explained. “They just have a whole apparatus behind them. They have people to call in every district, that they call every two years. Sure you can beat the machine, but it’s hard.”

During the ’85-86 concon, Chafee said he saw firsthand how House leadership exerted power during the convention. Rep. Matt Smith, of Providence, was speaker at the time.

“It left me wide-eyed,” Chafee said. “We would have a long discussion, looking at what other states did, and after all that input one of the speaker’s loyal votes say Madame Chair, I move the question, and it would get voted down.”

He also said a concon in today’s political atmosphere could be too easily influenced by outside spending. “A new phenomenon since I served is all the money that comes on these issues.”

Chafee said during the ’85-86 convention, he was pushing for the same issues during the ’85-86 concon that he thinks still needs to be reformed about Rhode Island’s governmental structure: executive powers. That year, he helped implement 4 year terms for governor, though the legislature also won four year terms through the convention, he said. But they didn’t manage to pass a line item veto, something that he feels is still a critical reform for Rhode Island.

“The spotlight and the heat are on the executive, meanwhile the executive branch doesn’t have any power,” he said. “The speaker and the Senate president can fly under the radar. If all the focus is on the executive, give them some power.”

Chafee said such unbalanced powers between the executive and legislative branches surely plays into the state’s frequent turbulence. “If you want to know why Rhode Island lags the country in so many ways, look at our structure of government,” he said.

When he fought for more executive powers at the ’85-86 concon, he said his motives were more political. “It was mainly because Republicans could get elected governor,” he said, noting that he was a GOP member at the time. He said Gov. Ed DiPrete gave him a $100 donation, and he spent about $1,000 campaigning as a delegate. “The minimum is you need something with your name on it to leave with people. It costs $300 to print a palm card.”

The governor acknowledged previously supporting the idea of another constitutional convention. “I might have said I was in favor of it but not until we change the way we elect delegates.”

If there were to be one, he said he would push for a line item veto, as well as a unicameral legislature, which he said could work efficiently in a state of Rhode Island’s size. He said he wouldn’t likely campaign to be a delegate. “Been there, done that,” he told me.

Where does Common Cause stand on ConCon question?


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Click on this infographic for a larger version.
Click on this infographic for a larger version.

On the November ballot, referendum Question 3 will ask voters; “Shall there be a convention to amend or revise the constitution?” While most people following Ocean State politics are focused on who will be the next governor of our state, or the next mayor of our capital city, question three bears watching too. The process for putting the referendum on the ballot every ten years was the result of a 1973 constitutional convention ballot initiative.

The first time the voters were presented with the new question (in 1984) they authorized a convention. The result was a two-year process that placed 14 questions on the 1986 ballot, eight of which were ratified by the voters. In 1994 and 2004 the voters rejected the referendum and no conventions were held as a result. Our organization, Common Cause Rhode Island, opposed the last two referenda but in 2014 we are not taking a position. Quite frankly, there are too many compelling arguments for and against a convention this time. Just a cursory review shows both sides to have compelling arguments.

Supporters of a convention point to important constitutional changes that they assert are needed in our state as the impetus for their efforts. They also rightfully point out that many of these reforms that limit legislative power could be much more difficult to achieve through the typical process whereby the General Assembly puts proposed constitutional amendments it would like on the statewide ballot.

Opponents of a convention point to the many important changes that have been put on the ballot by the legislature; including Separation of Powers, downsizing the legislature, elimination of the much abused legislative pensions, merit selection of judges, etc. They argue that a convention will be a creature of the legislature given that the election of delegates is based on state legislative districts, and that in 1986 many of them had deep ties to members of the General Assembly.

Opponents of a convention express legitimate concerns about the possibility that such a gathering might put restrictions on important civil rights and liberties up to a popular referendum. They point to amendments from 1986 that would have put restrictions on abortion rights (which didn’t pass) and imposed restrictions on bail for certain drug offenses (which did pass).

Supporters point to the fact that the people must approve any changes to the Rhode Island constitution that are placed on the ballot by a convention, and that the voters overwhelmingly rejected new restrictions on abortions in 1986. They argue that the U.S. Constitution contains sufficient protections for civil rights and liberties, and that those cannot be abrogated by the a state constitution.

We encourage the voters of Rhode Island to look closely at the arguments made against a convention by Citizens for Responsible Government, and for having a convention by Renew RI. Both coalitions have already been spending considerable resources to make their respective point of view heard. No doubt the coming weeks will see even more arguments by both sides of this question.

Common Cause is engaging a different type of education, one that is not focused on persuading anyone about the merits or dangers of a convention. Rather we are trying to explore what a convention might look like by digging into the archives from the 1980s and other sources. Here are a few quick facts:

There were an extraordinary 558 candidates for the November 5, 1985 election of 100 delegates to the constitutional convention. That election resulted in only 96,538 eligible voters casting a ballot. The convention held 11 statewide public forums and received over 1000 comments. After that they held 111 substantive committee meetings and took testimony at 34 public committee hearings. The result was 322 resolutions introduced by the delegates and vetted through six substantive committees. Fifty-six of the resolutions were debated in 10 plenary sessions. The result was 26 resolutions that passed and were consolidated into the 14 ballot questions proposed in 1986.

There is much more to learn about the 1986 convention. The Common Cause website contains five hours of video from a March conference we hosted with Roger Williams University School of Law, the Hassenfeld Institute for Public Leadership at Bryant University, and the League of Women Voters or Rhode Island. Included are talks by Professors Alan Tarr and Robert Williams from the Center for State Constitutional Studies at Rutgers University, perhaps the two leading authorities on state constitutions. Other materials we have added include information about the campaign finance from the election of delegates.

While the candidates you vote for on November 4th may be in office for four or eight years, changes to our state’s constitution may last for generations. In the coming weeks we hope you take the time to become educated about Question 3 and make sure on Election Day to go down the ballot and make your voice heard on this issue, no matter where you stand.

ConCon: A history


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Constitution-1842-title-pgRhode Island has had 11 constitutional conventions since becoming a state, according to State House Historian Tom Evans. But it wasn’t until the 1973 “concon” that holding one became a once-a-decade decision for voters.

“Prior to that, the General Assembly would call for it,” Evans said.

Following the 1973 convention, voters approved a referendum question “to require that a ballot question calling for a convention to amend or revise the Rhode Island Constitution be placed on the ballot at least every ten (10) years,” Evans wrote in this document. “If the General Assembly fails to place the question on the ballot at some time during any period of ten years, then the Secretary of State must place the question on the ballot at the next general election after the expiration of the ten-year period.”

And so, question 3 on this November’s ballot will ask Rhode Islanders if we’d like to have a 12th constitutional convention, a process by which we can amend the state constitution.

If approved, delegates will run for one of 75 seats at the convention. There would probably be a special election next year. Then, in a public debate akin to a legislative session, vote on questions to put before a vote of the people. Ideas have ranged from a line-item veto for the governor to a codified constitutional right to an equal education.

Click on this infographic for a larger version
Click on this infographic for a larger version

Advocates of a so-called concon in Rhode Island this year tend to be conservative, and tout it as an opportunity to reform government. Skeptics, including many influential progressive organizations like the ACLU and AFL-CIO, say a concon can be easily influenced by anonymous outside money. Many Democrats fear abortion rights would be vulnerable.

No state has held a constitutional convention since Rhode Island did in 1986, according to the Washington Post. The ’86 concon has been well-documented here, here and Common Cause RI has a page here. Voters have since rejected the idea twice. In 2004 it failed 48 to 52 percent, and in 1994 it failed 41 to 59 percent.

READ COMMON CAUSE EXECUTIVE DIRECTOR JOHN MARION’s CONCON POST.

History

The first constitutional convention in Rhode Island occurred in 1824, when Rhode Island was still governed by a charter from the king of England. The Ocean State adopted its first official constitution 18 years – and four such concons – later, according to Evans. “Bowing to increasing unrest,” he writes, the General Assembly called for a convention following the Dorr Rebellion.

In December of 1841, Thomas Dorr put forward what Evans calls an “extralegal … People’s Constitution” that was approved by voters 13,944 to 52 – and Evans writes that almost 9,000 votes were deemed ineligible. Earlier that year the so-called “Landholder’s Constitution” was rejected by voters 8,698 to 8,013. The first constitution was approved by the voters on November 21, 22 and 23 of 1842 by a near unanimous vote of 7,032 to 59, reports Evans.

Then constitutional conventions fell out favor with Rhode Islanders. There wouldn’t be another one for 102 years. Voters rejected a call for conventions in 1853 and 1882, Evans writes. And in 1883, the state Supreme Court issued an opinion that the state constitution can’t be amended via a convention.

In 1944, Rhode Islanders voted 15,683 to 524 to have a “limited” constitutional convention to address “voting rights for members of the armed forces and merchant marine,” Evans wrote.

During the 1950’s there were three conventions conventions. In both 1951 and 1955, delegates put forward pay raises for legislators and lifetime appointments for judges. Rhode Island voters rejected both measures both times. In 1951, a poll tax was repealed and “Home Rule Charter for Cities and Towns” was approved. Voters approved increasing the “Borrowing Power of the State” in 1951 and “Redevelopment for Off-street Parking” in 1955, according to Evans.

Former governor and Providence mayor Dennis J. Roberts would chair a constitutional convention that would begin in 1964 and not end until 1969. It put forward “approving a revised Constitution on December 4, 1967,” Evans wrote, which was then “overwhelmingly rejected by a vote of 17,615 yeas to 69,110 nays” in April, 1968.”

Citizens for Responsible Government forms to oppose Con-Con


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Hillary Davis
Hillary Davis, RI ACLU

A large and growing number of groups interested in civil rights and the democratic process started a campaign yesterday at the Old state House on Benefit St in Providence to defeat a Constitutional Convention. Speaking at the event and providing reasons to oppose a Constitutional Convention were representatives from six of the thirty groups that have so far signed on.

Citizens for Responsible Government spokesman Pablo Rodriguez, MD and President of Latino Public Radio said that a Con-Con is a threat to civil rights, “Across the country, issues like affirmative action, reproductive rights, gay rights, worker rights, senior citizen rights and immigrant rights have become fodder for expensive statewide campaigns mounted by well-funded, out-of-state special interests.”

“The 1986 Constitutional Convention quickly spiraled from ‘good government’ to abortion politics,” said Paula Hodges, Director of Planned Parenthood Southern New England. “Women should be very concerned.”

George Nee, of the RI AFL-CIO says that “A Constitutional Convention, for all intents and purposes, puts our Constitution up for sale.” Outside money may well flood our state in response to ballot measures, and opposing this will be expensive. “Our money can be better spent elsewhere.”

Speaking for the RI ACLU, Hillary Davis also outlined the dangers of a Con-Con, as did Michael S. Van Leesten, who has fought for civil rights in various capacities for over forty years.

The last speaker was Jennifer Stevens of Rhode Island Pride. “One year after winning equal marriage rights through our state legislature we remember our long struggle and recognize that the same groups and individuals who opposed gay rights, and funded our opposition, will wish to play a role in a constitutional convention,” she said, “Every Rhode Islander should be concerned about attempts… to roll back or stifle LGBTQ and minority rights.”

Full disclosure, the Humanists of Rhode Island, a group of which I am President, is a proud member of this new coalition. Also in the coalition are RI Alliance for Retired Americans, AFSCME, Central Falls Teachers Union, RI Commission for Human Rights, RI Commission on Occupational Safety and Health, RI Economic Progress Institute, Rhode Island Federation of Teachers and Health Professionals, Fuerza Laboral, IATSE Local 23, Jobs With Justice, National Association of Letter Carriers, National Council of Jewish Women RI, Providence Central Labor Council, Providence NAACP, RI National Association of Social Workers, RI NOW, RI Progressive Democrats, Secular Coalition for Rhode Island, UAW Local 7770, USW Local 16031, UWUA Local 310, UFCW Local 328, UNITE HERE, United Nurses and Allied Professionals, Warwick Teachers Union Local 915 and Women’s Health and Education Fund.

So far.

George Nee
George Nee, RI AFL-CIO
Jennifer Stevens
Jennifer Stevens, RI Pride
Michael S Van Leesten
Michael S. Van Leesten
Pablo Rodriguez MD
Pablo Rodriguez MD
Paula Hodges
Paula Hodges, Planned Parenthood

Pro-convention reasons against a constitutional convention: Balance of power


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Chartist Meeting
Chartist Meeting
Great Chartist Meeting, London 1848

The March 29 conference on the convention was perhaps the whitest crowd I’ve ever been in in my life. And I’m not exaggerating there. That to me is demonstrative of what’s going on in the debate about the convention.

Let’s stop and remind ourselves that constitutions do not change how power is distributed in a state. They merely change the rules by which that power is fought for. Since the Bloodless Revolution, the state’s power has been mostly distributed to an alliance of white middle-class men (both blue and white collar) in the Democratic Party.

But one of things that makes the Bloodless Revolution important is that it removed the last power structures supporting the old elite; the middle- and upper-class WASP males of the Republican Party that had previously dominated Rhode Island politics since its founding. In its heyday, that alliance was vicious in its hold on power, and seriously corrupt, winning us the “for sale, and cheap” moniker its successors are fond of repeating. Today, it often sounds anti-democratic in its approach to the regular Rhode Island voter.

Both alliances have been extremely privileged by their long grasps on power in the state. And much of the Pro-convention rhetoric isn’t about empowering the traditionally marginalized. Thus, one of the conference panel’s seven white men can ignore the very real evidence to the contrary and claim that there isn’t much appetite to restrict civil liberties in Rhode Island.

No, much of the Pro-convention rhetoric seems to be about increasing the power of the old elite, even if it’s not explicitly advocated (and you’d be foolish too explicitly advocate for that). Ethics control has the potential to root out ethical misconduct that will reflect poorly on established political power. A line-item veto will increase the power of the Governor’s office, one of the few veto points in RI that the Republicans have had any chance at controlling.

This is what I suspect will ultimately doom the chances of the convention. In a battle for political power between two over-privileged groups, the average Rhode Islander is the loser. By outright dismissing the needs and fears of the sub-dominant groups in Rhode Island (women, immigrants, non-whites, the poor) the Pro-convention side appears tone-deaf and out-of-touch.

I worry that even those who believe in good faith in a convention are ignoring the power dynamics that are inherent in any political system. We put great stock in the Constitutional Convention that brought forth the US Constitution, but we forget that its drafters would be abhorred at the extension of the vote we see today. Elbridge Gerry (whom the “gerrymander” is named after) warned that “The evils we experience flow from the excess of democracy.” Edmund Randolph supported him by saying “…that in tracing these evils to their origin every man had found it in the turbulence and follies of democracy.”

In our dealing with own constitutional convention we need to shun such thoughts. If the same people who wonder aloud whether Rhode Islanders who don’t reach some arbitrary level of “intelligence” ought to be able to vote then turn around and call for a convention it is clearly not because they have found some faith in the voters of this state. If the same people who call voters idiots for electing incumbents over and over again are supportive of a constitutional convention it is not because they suddenly believe in the ability of the people to select their own representatives. It is because they sense an opportunity. And their opportunity will come at the expense of the people.

Pro-convention reasons against a constitutional convention: Status quo bias


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Chartist Meeting
Chartist Meeting
Great Chartist Meeting, London 1848

One of the most common refrains I hear from Pro-convention people is the need for a line-item veto for the governor’s office. Others argue for the need to re-assert the Ethics Commission oversight over the General Assembly. And maybe it’s just me, but I do not foresee voters citing these as their top concerns when it comes to whether to hold a convention or not. On one hand we have the possible de facto outlawing of abortion in Rhode Island. On the other, the governor gets to decide which parts of the budget he’ll strike down.

Maybe if a governor ever bothered to veto the budget, the case for line-item could be stronger. Certainly, forcing an override is a dramatic turn of events. Had Chafee vetoed the budget last year, it’s possible the House leadership might’ve collapsed as the Sakonnet River Bridge tolls controversy exploded. Instead he signed the budget, and the facade of tranquility in the House survived until the Five Days in March.

But this is precisely the point; Rhode Island only thinks about hypotheticals in relation to how things are now. Call it a sort of status quo bias. What many in the Pro-convention camp are calling for weak sauce reforms to the current state of affairs. Thus, we suggest that the governor gain the line-item veto, but fail to call into question whether a governor is even required in Rhode Island. The drum is beaten for eliminating the ballot’s straight party option, but we never ask ourselves whether first-past-the-post is the best voting system we should have.

A more recently trumpeted problem in the state is the lack of trust Rhode Islanders have in their government. The line-item veto does not restore trust. Ethics oversight might boost trust, but it is unlikely to change the lack of transparency in state government. Furthermore, none of the commonly proposed structural changes increases civic participation in government. The Pro-convention movement needs to pause and consider what reforms will genuinely make the citizenry of this state more active and involved in our democracy. Half-assed modifications of the current system are going to be rightfully ignored.

Pro-convention reasons against a constitutional convention: The ‘unlimited’ convention


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Chartist Meeting
Chartist Meeting
Great Chartist Meeting, London 1848

One of the major stumbling blocks to supporting a constitutional convention is the fact that it’s an “unlimited” convention.

It’s important, as Prof. Robert Williams of Rutgers University told the March 29 Conference, to remember that state constitutions don’t function like the US Constitution. The US Constitution grants power to the federal government, whereas state constitutions restrict the powers of the state governments.

But all constitutions also lay out the civil liberties their citizens can expect. And both functions of the constitution are up for review. Of the 14 amendments to come out of the 1986 convention, about six pertained to civil liberties in some manner.

This is an important reason to fear the risk of the convention. Even if all the delegates campaign solely on the structural part of constitutional change, there’s nothing stopping them from throwing in civil liberties amendments as well. In all likelihood, these amendments won’t increase civil liberties, but rather weaken them for non-dominant groups; women, recent immigrants, racial/ethnic minorities, and the incarcerated.

One suggestion offered by Prof. Williams was to have a “limited” convention. It’s possible to write an amendment to the state constitution that allows a convention to be called that can only focus on structural issues of government. However, that would require a popular, grassroots effort to force the General Assembly to do so. Engaging in that effort would demonstrate good faith that Pro-convention side is responsive to the concerns of the Anti-covention side. That could do a lot to win support for a future convention.

Pro-convention reasons against a constitutional convention: Why now?


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Chartist Meeting
Chartist Meeting
Great Chartist Meeting, London 1848

The reason the debate about a constitutional convention is happening now is because RI is constitutionally obligated to do so. The 2014 election will mark 10 years since Rhode Islanders were last asked to have a convention. Since 1984, they’ve rejected it at each election. It’s unclear how they’ll vote this time.

To some extent, the pro-convention side has been portraying this as the last chance we’ll have for the next ten years. It’s imperative that we fix our problems through a constitutional convention, and that it be done by 2016. And while that’s a good case if you assume nothing else changes, it’s a weak reason to have a convention.

  • This is the first of a four-part series on a potential constitutional convention and why we should not have one this year. Read more later this week.

Legislators have the power to place the convention question on the ballot at any election. There’s many reasons why they will not, but a pretty obvious one is that there’s no constituent pressure to do so. And if there’s no constituent pressure, that means there isn’t a popular demand.

That’s a serious problem. While the convention might be the desire of outsider reformers who can’t get changes through the General Assembly, it’s not something they’re willing to push the General Assembly to do. Without that prior pressure and popular support, the pro-convention side looks less genuine in their desire to hold a convention to improve government and more like political opportunists taking advantage of a required process.

Regrouping and lobbying the General Assembly to place the convention on the ballot has numerous advantages. First, it helps build organizational capacity, which will be useful later for ensuring a serious reform faction among the delegates. Second, it enlists support before the question is required to be asked, forcing media coverage and public interest to happen before the year the question is placed on the ballot. Even if the effort is stymied for ten years, a concerted campaign will make the public far more receptive to a convention then if they’d been ignored.

McCutcheon decision another reason to avoid Con Con


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Steven Brown
Steve Brown, RI ACLU

Yesterday’s Supreme Court McCutcheon decision certainly means that the distorting power of money over what’s left of American democracy is not going to abate any time soon. Given this, perhaps we should think twice before opening the “Pandora’s Box” of a Constitutional Convention here in Rhode Island. At the forum held recently at Bryant University, Justice Robert Flanders Jr made the suspect claim that lobbyists would be at a loss to navigate the unknown corridors of power at a Con Con. Fortunately, Steve Brown of the ACLU quickly pointed out the paucity of this argument.

Lobbyists will be a part of the Constitutional Convention, were one to be held here in Rhode Island. Big money will enjoy yet another avenue to warp our politics and our society. Some say the risk is small, and the gains to be had are big. This is exactly what they tell you at Foxwoods, but gambling isn’t a sound economic plan or an intelligent political strategy.

Mattiello championing ethics reform is laughable


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Judge Flanders
Judge Flanders

Former Associate Justice of the Rhode Island Supreme Court, Judge Robert Flanders Jr., did not intend to get the biggest laugh at the recent forum on the possibility of a Constitutional Convention (Con-Con) being held in Rhode Island, but he did.

The forum, sponsored by the Hassenfeld Institute for Public Leadership at Bryant, the Roger Williams University School of Law, Common Cause Rhode Island and the Rhode Island League of Women Voters, was attended by over one hundred participants, most of whom were of the politically savvy sort interested in the possible consequences of a Con-Con.

Flanders got his (unintentional) laugh when he suggested that the Rhode Island House of Representatives, under the leadership of the new Speaker, Nicholas Mattiello, might champion ethics reform.

It should be noted that Representative Joseph Almeida, Speaker Mattiello’s choice for deputy minority whip, has already come under scrutiny from the Board of Elections and the Attorney General’s office for “a campaign-finance case involving Almeida’s “misreporting’’ of contributions and expenditures.” Apparently Mattiello was unaware of Rep. Almeida’s circumstances when he tagged him for his post and it is unknown what action Mattiello intends to take in light of these revelations, though the safe bet is “none.”

You can see the comment Flanders made in the video below. (I’ll have more videos from the forum on RI Future soon.)

“You Laugh,” said Judge Flanders in response to the laughter, “It seems improbable.”

Judge Flanders’ larger point was that without the threat of a Constitutional Convention, Speaker Mattiello will have no reason to tighten ethical standards, but if a Con-Con appears in the offing, and if the convention delegates seem willing to enact real ethics reform from outside the House structure, then Mattiello might be feel compelled to enact his own reform or risk looking weak and ineffectual on ethics.

Oddly, few people present at the forum seemed to think that Speaker Mattiello in particular or the General Assembly as a whole was much interested in doing the right thing and tightening ethical standards on their own. It is partly this lack of faith in the General Assembly that makes people support the panacea of a Con-Con in the first place.

John Marion on the history and possible future of the RI Con Con


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marion“I wish I could say, ‘Go read this book! There’s a great narrative of what happened in 1984-1986,'” says John Marion, Executive Director of Common Cause RI, “There isn’t a single volume that tells that story.”

Instead, Marion gave this terrific talk at the opening of a forum sponsored by the Hassenfeld Institute for Public Leadership at Bryant, the Roger Williams University School of Law, Common Cause Rhode Island and the Rhode Island League of Women Voters that sought to provide needed information to the public about the possibility of a Constitutional Convention in the next few years.

What will a Constitutional Convention look like? What issues are likely to be taken up? What will an election of delegates look like and what will this all cost? Marion attempts to answer these and other questions by examining the history of the 1984-1986 Constitutional Convention held here in Rhode Island, which is also the last Constitutional Convention to be held anywhere in the United States.

This might just be the best introduction to this important subject available anywhere.


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