Are we ready for a constitutional convention?

If approved by voters, delegates would be elected from each of the state’s 75 representative districts

Posted 10/29/14

As voters prepare to head to the polls, a coalition known as RenewRI is promoting a ballot question regarding whether to hold a constitutional convention.

The group’s organizers say the …

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Are we ready for a constitutional convention?

If approved by voters, delegates would be elected from each of the state’s 75 representative districts

Posted

As voters prepare to head to the polls, a coalition known as RenewRI is promoting a ballot question regarding whether to hold a constitutional convention.

The group’s organizers say the convention would provide a valuable opportunity to review issues of vital importance to the Ocean State and that concerns frequently voiced by opponents are unfounded.

“We haven’t looked at the constitution in 30 years,” said Robert Flanders, an attorney and former associate justice of the Rhode Island Supreme Court. “There are a host of substantive issues that doubtless any such convention would consider…We think the status quo is not serving us well.”

Question 3 on the Nov. 4 ballot asks voters to convene a convention, which would be the first since 1986. A 2004 push for a convention fell short at the polls.

The convention would involve the election in November 2015 of a representative from each of the state’s 75 legislative districts.

“The idea would be to have a people’s convention,” Flanders said, calling the 1986 gathering “broadly representative” of the state’s population.

Gary Sasse, founding director of the Hassenfeld Institute for Public Leadership at Bryant University, said supporters of the convention come from political spectrum, including members of both the Occupy Providence movement and RI Taxpayers

“It’s an interesting composition…you cannot describe them politically,” he said.

Once convened, the convention would operate in a legislative manner, considering and voting on proposals for constitutional changes. Any recommendations made by the convention would require voter approval to take effect.

“The convention itself can’t change the constitution,” Flanders said.

The organizers of the coalition point to a number of issues the convention could consider – ethics reform, term limits, a line-item veto, the electoral bracketing of the positions governor and lieutenant governor, changes in the judicial nomination process – but say the group itself is not advocating for specific issues or recommendations.

“We’re not sponsoring any set or subset of items,” Flanders said, although he said the broad hope is to “balance the playing field better” in terms of how power is distributed among the General Assembly, the governor’s office and the people.

Critics make several arguments against the convention. Some say it would put civil liberties at risk and welcome reactionary proposals, and suggest special interests and outside money would taint, if not control, the process. Others argue the process would be overly politicized, with the convention operating in essentially the same manner as the General Assembly – a comparison that critics mean to be unfavorable. Opponents also cite the cost of a convention and the associated process.

Organizers of RenewRI are quick to contest those arguments. Flanders said the group would ask delegates to pledge to protect civil rights during the process and pointed again to the fact that any proposal to make it through the convention would again be the subject to the will of voters.

In 1986 the convention made 14 recommendations. Of those, six were approved by voters and eight rejected.

“You’ve got safeguards all over the place,” Flanders said.

Sasse characterized convention opponents’ concerns over civil rights as “bogus.”

In terms of the argument regarding outside money and special interests, Sasse said that, to date, it has been groups such as Planned Parenthood and organized labor that have played the biggest role in the process as they marshal resources against Question 3.

“We’ve been getting pushback from organized labor,” he said.

“They’re really clinging fiercely to the status quo,” Flanders added.

RenewRI on Monday filed a complaint with the state’s Board of Elections asserting the group Citizens for Responsible Government, which is opposed to the convention, had violated election laws through two billboards, two websites and an online video.

The RenewRI organizers also pushed back against criticism of cost association with the convention. Flanders called it a “phony” issue, noting that each session of the General Assembly costs approximately $40 million.

“The potential rewards [of the constitutional convention] are so great, it’s well worth it,” he said.

Sasse said he opposed the convention in 2004 because several substantive proposals made it to the ballot.

“The system was working pretty well,” he said.

Now, Sasse sees a different landscape. He points to polling data that show most Rhode Islanders believe the state is on the wrong track and do not feel their government is working effectively.

“There’s been an increasing reluctance to address these issues,” he said. “Something needs to be done to restore confidence.”

Aram Garabedian, managing partner of Warwick Mall and a longtime fixture in Cranston politics, is also supporting the constitutional convention. He criticized what was provided on Question 3 through the voter handbook issued by the secretary of state’s office, specifically the lack of inclusion of a report outlining public testimony on potential issues to be addressed at the convention and what he says is an inflated cost estimate that is listed.

“This thing is missing a lot of information,” he said.

Garabedian also echoed Flanders’ point regarding opposition to the convention from those seeking to preserve the status quo.

“This constitutional convention, it’s an opportunity for the people,” he said, pointing to the 38 Studios debacle as the kind of matter that has fueled public dissatisfaction with the political process.

Ultimately, the organizers of RenewRI say the push for Question 3 has led to a worthwhile civic discussion – one they believe needs, and deserves, to be continued within the confines of a constitutional convention.

“Even if the amendments failed, it would be very good to have a discussion,” he said. “The timing’s right. It’s the right thing to do.”

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    YES---WE ARE

    Thursday, October 30, 2014 Report this