Unconventional Politics: The Campaign for a Balanced-Budget Amendment Constitutional Convention in the 1970s

1998 ◽  
Vol 32 (3) ◽  
pp. 421-445 ◽  
Author(s):  
IWAN MORGAN

The drive to enact a constitutional amendment requiring balanced federal budgets has been a defining issue of American politics in the final decade of the twentieth century. Supporters of this measure deemed it the only way to break the cycle of huge deficits that inflated the national debt to almost unmanageable proportions in recent years. In 1995, 1996 and 1997 only the Senate's narrow failure to deliver the requisite two-thirds majority – latterly by a single vote – prevented Congress proposing an amendment for ratification by the states. Nevertheless the balanced-budget amendment campaign is not a product of the deficit-conscious 1990s. It originated in the 1970s as a movement by the states to impose fiscal discipline on the federal government. Between 1975 and 1979 thirty states petitioned Congress for a convention to write a balanced-budget amendment. The convention method of constitutional reform had lain unused since the Founding Fathers devised it as an alternative to congressional initiative, but the support of only four more states would have provided the two-thirds majority needed for its implementation. The states' campaign stalled at this juncture in the face of opposition from the Carter administration and congressional Democrats. By then, however, it had done much to popularize the balanced-budget amendment and make it part of the nation's political agenda.This article seeks to analyze the development of the balanced-budget amendment constitutional convention campaign and to assess its historical significance. Aside from its relevance to today's fiscal politics, the movement merits attention as an important episode in the history of the 1970s, an era when economic problems at home and defeat abroad underlined the limits of America's prosperity and power. In this troubled time, popular confidence in the nation's political leaders underwent marked decline. The Watergate scandal, failure in Vietnam and economic stagflation created doubts about their trustworthiness and competence to deal with America's problems. The budget revolt by the states was a manifestation of this anti-Washington mood. In style as well as substance, the campaign challenged conventional politics: it manifested distrust in elected leaders to manage public finances without constitutional restraint and sought to bypass establishment control of the orthodox forms of politics through adoption of an untested process of constitutional change. In many respects the drive for a balanced-budget amendment convention was an expression of the same populist impulse that was the mainspring of Jimmy Carter's campaign for president in 1976. The former Georgia governor's status as a political outsider untainted by previous connection with Washington had been his greatest electoral asset, but in office this man-of-the-people aligned himself with the nation's political establishment against the convention campaign. Analysis of Carter's response to this movement casts light on the ambiguity and complexity of his presidential politics.

Legal Studies ◽  
2016 ◽  
Vol 36 (1) ◽  
pp. 75-92
Author(s):  
Ian Cram

How easy ought it to be to enact constitutional amendment? In the absence of constitutionally prescribed procedures, fundamental reforms in the UK can often appear hurried, under-consultative and controlled by transient political majorities. In the recent referendum on Scottish independence, the NO campaign's promise of additional powers to Holyrood in the face of a possible ‘Yes’ vote appears to fit this pattern (even if, for reasons of political sensitivity, it was not driven directly by members of the Coalition government). A recent sample of concluded constitutional reforms, including the Constitutional Reform Act 2005, the Constitutional Reform and Governance Act 2010 and the Fixed-term Parliaments Act 2011, have drawn criticism from within Westminster on the grounds of defective process. Specific options to improve pre-parliamentary and parliamentary stages of constitutional reform have been proposed with a view to attaining principled procedures of constitutional reform removed from executive control that signal attachment to process values such as wide and effective consultation, deliberation outside and inside Parliament, and informed scrutiny. The foregoing prescriptions for remedying defective processes may, however, be said in the ultimate analysis to retain a normative preference for a more formal, elite-managed vision of constitutional change that is premised upon a limited conception of the citizens' ‘informed consent’. In any case, in purely descriptive terms, top-down managed change does not capture the totality of patterns of past constitutional reform in the UK. In the nineteenth and early twentieth centuries, for example, radical grassroots campaigns for the extension of the franchise resulted ultimately in universal adult suffrage. More recently, the Scotland Act 1998 can be seen as the culmination of a civic society–led, deliberative engagement with ordinary voters over decades that offered an alternative vision of ‘bottom-up’ constitutional reform to that seen in more formal, elite-led processes of constitutional reform. The inclusive and participatory nature of the campaign for Scottish devolution marked out a radically different model of constitutional reform to that which has typified Westminster-style amendment and which is still largely directed by political elites. In such circumstances as prevail currently at Westminster, it is difficult to give much credence to claims that the outcomes of constitutional reform processes enjoy the ‘informed consent’ of the people.


Author(s):  
Esther Villadangos Seijas

El presente artículo se centra en el estudio de la gestación de la crisis económica en Irlanda y en el análisis de las respuestas constitucionales a la misma. En primer lugar se analiza el papel de la reforma constitucional, estudiando el mecanismo diseñado en los arts. 46 y 47 de la Constitución. El carácter preceptivo del referéndum ha reforzado la implicación social en un total de 23 reformas aprobadas hasta la fecha. De especial trascendencia, como reacciones constitucionales ante el contexto de crisis, podemos destacar la reforma de 2011 relativa a la reducción del salario de los jueces y la afrontada en 2012, como consecuencia de la ratificación del Tratado de Estabilidad. Un segundo contenido de este trabajo expone una «relativa» novedad en el panorama constitucional, la de la Convención Constitucional. Concebida como un órgano deliberativo y participativo, estamos ante un mecanismo que trata de paliar una común demanda de las democracias actuales de fomentar la participación social como complemento a las limitaciones de los cauces parlamentarios tradicionales, subyugados a demasiadas lealtades, partidistas, endogámicas que impiden el ejercicio de sus funcione de canalización de la voluntad popular en el seguimiento de los asuntos públicos.This article focusses on Irish answers to the economic crisis. The full force of the sovereign debt crisis has been affected Ireland from 2008. The failures in the policy-making and regulatory systems have caused a critical eye on traditional ways of doing business in the political system and the public service. The paths that Ireland has followed are two. First, the constitutional amendment mechanism. It pays attention to constitutional precepts that ruler this constitutional reform, mainly articles 46 and 47. The referendum has developed a key element in this system. Ireland has developed 23 constitutional reforms nowadays. The second important element is a Constitutional Convention. This body will allow a group of randomly selected citizens to deliberate and make recommendations upon a number of areas of political reform. Many of the changes envisaged offers an space for reflection about the viability of a macro political and constitutional change strategy that the bailout require.


2004 ◽  
Vol 3 (2) ◽  
pp. 337-369 ◽  
Author(s):  
David Koh

AbstractIn the drama of negotiation of state boundaries, the role of local administrators as mediators is indispensable. They mediate between state demands for more discipline and societal demands for more liberties. Their ability and willingness to enforce determines the extent of state power. They are a particular type of elites chosen by the state to administer; yet often they have an irrational and morally corrupt relationship with their subjects. The questions that arise then are: When do the local administrators decide to or not to enforce the rules? What considerations do they hold in the face of contradicting demands for their loyalties? This paper seeks answers to the above questions by examining state enforcement of its construction rules in Hanoi after 1975, in which the ward, a level of local administrators in the urban administration landscape, plays an important role in holding up (or letting down) the fences. I will examine the irrationality of the housing regime that led to widespread offences against construction rules, and then show why and how local administrators may or may not enforce rules. This paper comprises two parts. The first part outlines the nature and history of the housing regime in Vietnam and the situation of state provision of housing to the people. These provide the context in which illegal construction arises. Part Two looks at illegal construction in Hanoi chronologically, and focuses on important episodes. The theme that runs through this paper is the role of local administrators in the reality of illegal construction.


Author(s):  
Aurelian Craiutu

This chapter examines political moderation in the writings of Jacques Necker, with particular emphasis on his views on constitutionalism. Necker occupies a special place in the history of political moderation. He defended the principles of constitutional monarchy successively against the king, the nobility, and the representatives of the people. Necker's works, composed at different stages of the French Revolution, articulated a political agenda revolving around the idea of moderation in opposition to arbitrary power and violence. The chapter first provides an overview of Necker's ideas before discussing his theoretical statements on reforming the Old Regime. It then explains Necker's trimming agenda and the consequences of immoderation before turning to the French constitution of 1791 and Necker's critique of the constitutions of 1795 and 1799. It also explores Necker's arguments regarding complex sovereignty, equality, and separation of powers.


2018 ◽  
Vol 15 (8) ◽  
pp. 74-81
Author(s):  
Agustinus Supriyadi

The theme is taken for this Jubilee is "Compassionate like God - Like the Merciful Father" (Lk 6:36).God is essentially show mercy, even declared himself the Almighty through His mercy. We must realize that God's mercy was not a sign of weakness, but a sign of power. Since the Old Testament, God invites each individual to reflect on his mercy, as proclaimed by the prophet Zephaniah. God has to get rid of the punishment that fell upon His people (Zephaniah 3:15). God is also present in the midst of His people (Zephaniah 3:17) expressed his compassion and solidarity. Moreover, God refurbish the people with His love (Zephaniah 3:17). God's mercy is transformed and entered into the history of mankind, in the person of Jesus Christ. He is the perfect face of God's mercy. Finally, everyone is called to show the face of the compassion of God through everyday life. God's love is so great that it revealed first of the works of creation. His love for man revealed in action by creating the universe and it is all provided for humans. Because after all there (the earth and its contents) God created man in the image of Himself.


1958 ◽  
Vol 14 (4) ◽  
pp. 340-355 ◽  
Author(s):  
Kenneth Scott Latourette

The Great Seal of the United States, designed in the early days of the Republic, has on it symbolism whose significance is often overlooked. On one side is an eagle which grasps with one talon a branch and with the other a sheaf of arrows. Above its head are “E Pluribus Unum” and thirteen stars for the original states bound together in one nation. The other side has on it an unfinished pyramid. The foundation bears the number MDCCLXXVI. Above the pyramid is the eye of God flanked by the words “Annuit Coeptis,” namely, “He smiles on the undertakings.” Underneath is the phrase “Novus Ordo Seculorum,” meaning “New Order of the Ages.” Here succinctly is the vision which inspired the founding fathers of the new nation. The thirteen colonies had become one, prepared to face together the exigencies of the future, whether for preservation in self-defense or for cooperation in the arts of peace. Here was an attempt at building something novel in the history of mankind—a new and ordered structure. That structure, as yet incomplete, was based upon the Declaration of Independence, with its best-remembered phrases: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain inalienable rights, that among these are life, liberty, and the pursuit of happiness—that to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed.” Here is “the American dream.” As “four score and seven years” later Abraham Lincoln even more briefly described it, the new nation was “conceived in liberty and dedicated to the proposition that all men are created equal” and its success or failure was a test whether “government of the people, by the people, for the people” could “long endure.” To that dream faith in God, in His creative activity, and in His sovereignty was basic.


1972 ◽  
Vol 4 (2) ◽  
pp. 175-185 ◽  
Author(s):  
D. R. Brothwell ◽  
M. J. R. Healy ◽  
R. G. Harvey

Although the face is one of the most variable parts of the human physique, there is little recent work on this region. Consequently, there is a need for an appraisal of the variation, new thinking as regards the methodology of recording and analysis, and further thought as to the possible applications of such methods. The present exploratory study uses information derived from standardized photographs, to try to elucidate the affinities—and thus the population history—of the people of Tristan da Cunha and the Ainu of Japan. The methods used have also permitted a consideration of within-group variation from the point of view of family differences and varying degrees of admixture. The potential biosocial as well as anthropological value of this type of investigation is discussed.


2017 ◽  
Vol 42 (03) ◽  
pp. 677-710 ◽  
Author(s):  
Bui Son ◽  
Pip Nicholson

Based on Chinese constitutional analysis, political science, and law and society studies, we argue that work extending the application of popular constitutionalism to authoritarian states applies in Vietnam, as popular constitutionalism targets sites relevant to constitutional reform. We contend that popular constitutionalism located in authoritarian states requires three factors: a tradition of activism, space for reformist and pragmatic dialogue targeting constitutional change, and the political need for legitimacy. This article analyses activism in Vietnam, focusing on the lodging of Petition 72 with the Constitutional Amendment Drafting Commission in 2013, and the resulting responses. We conclude that this activism was pivotal in advocating for new constitutional norms, evidencing popular constitutionalism in Vietnam. The long history of Vietnamese scholar activism, the relative space for governance debates, and the political need for legitimacy made this possible. We also note that popular constitutionalism faces constraints in authoritarian states, which may shape its trajectory.


2016 ◽  
Vol 110 (1) ◽  
pp. 9-48 ◽  
Author(s):  
Devika Hovell

“For hard it is for high and stately buildings long to stand except they be upholden and staid by most strong shores, and rest upon most sure foundations”—Jean Bodin, The Six Books of a Commonweale (1576)It has been said of the redemptive quality of procedural reform that it is “about nine parts myth and one part coconut oil.” Yet, as the recent history of the United Nations shows, failure to enact adequate procedural reform can have damaging consequences for an organization and its activities. In the targeted-sanctions context, litigation in over thirty national and regional courts over due process deficiencies has had a “significant impact on the regime,” placing it “at a legal crossroads.” In the peacekeeping context, the United Nations’ position that claims in the ongoing Haiti cholera controversy are “not receivable” has been described in extensive and uniformly critical press coverage as the United Nations’ “Watergate, except with far fewer consequences for the people responsible.” Complacency in the face of allegations of sexual abuse by UN blue helmets led to the unprecedented ousting of a special representative to the secretary-general in the Central African Republic. Economizing on due process standards is proving to be a false economy.


Religions ◽  
2021 ◽  
Vol 12 (8) ◽  
pp. 596
Author(s):  
Andrei Constantin Sălăvăstru

French Protestantism has remained famous in the history of political thought mostly for its theories regarding popular sovereignty and the right of the people to resist and replace a tyrannical ruler. However, before the civil wars pushed them on this revolutionary path, French Protestants stressed the duty of obedience even in the face of manifest tyranny. The reasons for this were ideological, due to the significance placed on St. Paul’s assertion that all political power was divinely ordained, but also pragmatic, as Calvin and his followers were acutely aware of the danger of antagonizing the secular authorities. More importantly, they were fervently hoping for the conversion of France to the Reformation and, in their mind, the surest way such a process could take place was through the conversion of the king and the royal family. Therefore, Protestant propaganda of that time constantly urged the most important French royals to convert to the Reformation, and, for this purpose, they deployed a language full of references to the pious Biblical rulers who led their people towards the true faith—whom the addressees of these propaganda texts were advised to emulate, lest they incur God’s wrath. This paper aims to analyze the occurrences and the role of these references in the Protestants’ dialogue with the French monarchy.


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