1. Constitutional Amendment Study and Consensus League of Women Voters of Maine League of Women Voters of Oakland, CA

2. LWVUS Program 2014 - 2016 Structures of Democracy 2 Redistricting Task Force Constitutional Amendment Study Money In Politics Review

3. Why Conduct Studies? 3 Consider all sides Members understand & agree Position for action

4. Why These? Why Now?  Redistricting Task Force  Constitutional Amendment Study  Money in Politics Review 4

5. PA-7, Washington Post Redistricting: Time to Gear Up for 2021

6. Constitutional Amendment  Why this study?  Public pressure to amend the Constitution  Balanced budget  Citizens United 6

7. Calls for Constitutional Convention Balanced budget – 27 states? Balanced Budget Forever http://balancedbudgetforever.com/progress/http://balancedbudgetforever.com/progress/

8. Who?

9. Money in Politics Review  Add picture

10. What’s Changed since Buckley? Mark Schmitt, CNN, 2/16/2015

11. What’s Changed since Citizens United?

12. Structures of Democracy  Redistricting – no deadline  Constitutional Amendment – 12/1/15  Money in Politics Review – 2/1/16 12

13. Study Process  Discuss the issues  Develop consensus  Submit the results 13

14. Final Steps  Compile results  Draft final position  LWVUS Board approves position 14

15. This consensus meeting Facilitator (discussion leader) Presenter(s) (content expert) Time keeper Recorder 15

16. What is Consensus?  Sense of the members  Not a vote! 16

17. Agenda  Welcome and Introductions  Orientation  Part 1: Constitutional amendment process  Part 2: Constitutional convention process  Part 3: Balancing questions  Wrap up and next steps

18. Ground Rules  Speaking time is limited -- use it fairly.  Everyone is encouraged to share views.  Every view has merit and will be respected.  Listen to learn and not to debate.  Disagreement is welcome.

19. Ground Rules - continued  Differences are useful to the learning process.  Direct criticism to the content and not the person.  Dissenters often hold the key to the wisdom of the group.  Relax and participate fully.

20. Constitutional Amendment Study  Scope  Three parts  How evaluate proposed amendment  Constitutional Convention  League process 20

21. Proposing Amendments under Article V EITHER  2/3 both Houses of Congress and 3/4 State Legislatures ratify OR  2/3 State Legislatures call for Convention and 3/4 State Legislatures ratify

22. Ratifying Amendments under Article V Specified by Congress EITHER  Ratified by Legislatures of three fourths of the States OR  Ratified by Conventions in three fourths of the States

23. Article V History  One Constitutional Convention — 1787  27 amendments since  All 27 amendments initiated by Congress

24. More on Article V  Not incorporated into body  Congress may set time limits on ratification  No Presidential approval required

25. Warm Up Exercise  Proposed amendments: likes and dislikes  Current study = process, not specific amendments

26. Constitutional Amendment  Part 1: Criteria for supporting or opposing a particular Constitutional Amendment 26

27. Part I - Considerations for Evaluating Constitutional Amendment Proposals 1. Which of the following five criteria (a-e) should or should not be a consideration in identifying an appropriate and well-crafted amendment?

28. Part I - Considerations for Evaluating Constitutional Amendment Proposals a) Whether the public policy objective addresses matters of such acute and abiding importance that the fundamental charter of our nation must be changed.

29. Part I - Considerations for Evaluating Constitutional Amendment Proposals b) Whether the amendment as written would be effective in achieving its policy objective.

30. Part I - Considerations for Evaluating Constitutional Amendment Proposals c) Whether the amendment would either make our political system more democratic or protect individual rights.

31. Part I - Considerations for Evaluating Constitutional Amendment Proposals d) Whether the policy objective can be achieved by a legislative or political approach that is less difficult than a constitutional amendment.

32. Part I - Considerations for Evaluating Constitutional Amendment Proposals e) Whether the public policy objective is more suited to a constitutional and general approach than to a statutory and detailed approach.

33. Part II - Aspects of an Article V Constitutional Convention It’s never been done! 33

34. Part II - Aspects of an Article V Constitutional Convention Lots of open questions!  What rules?  Who chooses delegates?  How many delegates? ... And more

35. Part II - Aspects of an Article V Constitutional Convention 2. Which of the following conditions (a-g) should or should not be in place for an Article V Constitutional Convention initiated by the states? 35

36. Part II - Aspects of an Article V Constitutional Convention a) The Convention must be transparent and not conducted in secret.

37. Part II - Aspects of an Article V Constitutional Convention b) Representation at the Convention must be based on population rather than one state, one vote.

38. Part II - Aspects of an Article V Constitutional Convention c) State delegates must be elected rather than appointed.

39. Part II - Aspects of an Article V Constitutional Convention d) Voting at the Convention must be by delegate, not by state.

40. Part II - Aspects of an Article V Constitutional Convention e) The Convention must be limited to a specific topic.

41. Part II - Aspects of an Article V Constitutional Convention f) Only state resolutions on a single topic count when determining if a Convention must be called.

42. Part II - Aspects of an Article V Constitutional Convention g) The validity of state “calls” for an Article V Constitutional Convention must be determined by the most recent action of the state. If a state has enacted a rescission of their call, that rescission should be respected by Congress.

43. Part II - Aspects of an Article V Constitutional Convention 3. Should the League oppose an Article V Constitutional Convention to propose amendments to the U.S. Constitution because of unresolved questions about the powers and processes of such a convention?

44. Part III – Balancing Questions Balance between League position  and a Constitutional Amendment or  an Article V Constitutional Convention 44

45. Part III – Balancing Questions 4. Should the League consider supporting a Constitutional amendment that will advance a League substantive position even if: a) There are significant problems with the actual amendment as proposed?

46. Part III – Balancing Questions 4. Should the League consider supporting a Constitutional amendment that will advance a League substantive position even if: b. It is being put forward by a procedural process the League would otherwise oppose?

47. Good work, everyone!  Congratulations on completing the League of Women Voters Consensus on the Constitutional Amendment Process