Special to the Americans
Feb. 25th, 2004 04:18 pm![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
jlhAnd anyone else who wants to know how this constitutional amendment business is actually going to work. Note that this is not a discussion of philosophy or belief, but of process. I think I'm on record as being pro-gay marriage because separate is not equal, and gay people are not dogs. So.
The US Constitutional amendment process.
Bush is proposing a constitutional amendment that specifies that marriage is between a man and a woman. A few things about this before we start panicking:
1. There is little chance that a constitutional amendment bill will reach the floor of the Senate before the November election, because precious few actually want to use this as an issue to run their campaign on. Voters may vaguely care, but they care more about jobs and terrorism.
2. The president actually has no role in the amendment process. Unlike regular legislation, amendments do not require a presidential signature. Of course, they have to pass both houses by a 2/3 majority, so that would override a veto anyway.
I doubt very much, at this point, that this is going to be a hot button issue in the presidential campaign this fall, mostly because Kerry isn't all that interested in talking about it.
Now, any constitutional amendment will have to pass with a 2/3 majority in both the House and the Senate, and not all Democrats agree on this issue. Note how difficult it is to override a presidential veto, and you will appreciate how high this hurdle is. All House seats, of course, are up for election this fall, and 1/3 of the Senate seats, so those elections will be more important than the presidential one in affecting the outcome of the amendment.
If the amendment is voted through, it must be ratified by 3/4 of the states. Usually the legislatures ratify them, but the states can also call a special convention if they want to. This means that you not only should know who your state senator/legislator/assemblyperson is, but where they stand on this issue. Most of these seats should also be up for election this fall, but it varies widely by state. The Amendment has seven years from the time it is passed through the US Congress to get ratified by 38 states.
Also, of course, if your state wants to amend its own constitution, that will start in the state legislature. What happens after that is up to your state constitution.
What does this mean to you? Two things:
1. Vote. Vote smart, and not just for the president, but all the way down the ballot. Local matters, a lot. In fact, the Christian Coalition gained the power it has in the Republican party by starting local, getting seats on town councils and school boards, and before you know it, they're outlawing the teaching of evolution in Kansas. If you're at school, either vote absentee at home, or vote at school. It's absolutely not too late to register!
2. Write to your Senators, your House Representative, your state representative, every single person who represents you in an elective body, and let them know how you feel. (Congress.org has a great way to see contact info and key voting records for both your US and your State representatives; all you need to know is your zip code!) Squeaky wheels get the grease, and that's very true in politics. Make some noise!
Also, remember that it is very difficult to amend the constitution, for good reason. Other than the first ten, which are the Bill of Rights and happened almost immediately, we have only had 17 amendments! 17, in over 200 years! And one was to outlaw slavery, one gave women the right to vote, one gave non-whites the right to vote, two were about prohibition--big, big stuff, we're talking here. The Equal Rights Amendment ran out of time before it was ratified by enough state legislatures, and that was about equality of gender under the law! So while we should be concerned, and fight, let's remember that this will be a very long haul, and all we really have to do is be spoilers. Such an overwhelming majority have to agree to an amendment that even if we have a simple minority, we can block it. Keep the faith!
The US Constitutional amendment process.
Bush is proposing a constitutional amendment that specifies that marriage is between a man and a woman. A few things about this before we start panicking:
1. There is little chance that a constitutional amendment bill will reach the floor of the Senate before the November election, because precious few actually want to use this as an issue to run their campaign on. Voters may vaguely care, but they care more about jobs and terrorism.
2. The president actually has no role in the amendment process. Unlike regular legislation, amendments do not require a presidential signature. Of course, they have to pass both houses by a 2/3 majority, so that would override a veto anyway.
I doubt very much, at this point, that this is going to be a hot button issue in the presidential campaign this fall, mostly because Kerry isn't all that interested in talking about it.
Now, any constitutional amendment will have to pass with a 2/3 majority in both the House and the Senate, and not all Democrats agree on this issue. Note how difficult it is to override a presidential veto, and you will appreciate how high this hurdle is. All House seats, of course, are up for election this fall, and 1/3 of the Senate seats, so those elections will be more important than the presidential one in affecting the outcome of the amendment.
If the amendment is voted through, it must be ratified by 3/4 of the states. Usually the legislatures ratify them, but the states can also call a special convention if they want to. This means that you not only should know who your state senator/legislator/assemblyperson is, but where they stand on this issue. Most of these seats should also be up for election this fall, but it varies widely by state. The Amendment has seven years from the time it is passed through the US Congress to get ratified by 38 states.
Also, of course, if your state wants to amend its own constitution, that will start in the state legislature. What happens after that is up to your state constitution.
What does this mean to you? Two things:
1. Vote. Vote smart, and not just for the president, but all the way down the ballot. Local matters, a lot. In fact, the Christian Coalition gained the power it has in the Republican party by starting local, getting seats on town councils and school boards, and before you know it, they're outlawing the teaching of evolution in Kansas. If you're at school, either vote absentee at home, or vote at school. It's absolutely not too late to register!
2. Write to your Senators, your House Representative, your state representative, every single person who represents you in an elective body, and let them know how you feel. (Congress.org has a great way to see contact info and key voting records for both your US and your State representatives; all you need to know is your zip code!) Squeaky wheels get the grease, and that's very true in politics. Make some noise!
Also, remember that it is very difficult to amend the constitution, for good reason. Other than the first ten, which are the Bill of Rights and happened almost immediately, we have only had 17 amendments! 17, in over 200 years! And one was to outlaw slavery, one gave women the right to vote, one gave non-whites the right to vote, two were about prohibition--big, big stuff, we're talking here. The Equal Rights Amendment ran out of time before it was ratified by enough state legislatures, and that was about equality of gender under the law! So while we should be concerned, and fight, let's remember that this will be a very long haul, and all we really have to do is be spoilers. Such an overwhelming majority have to agree to an amendment that even if we have a simple minority, we can block it. Keep the faith!
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no subject
Date: 2004-02-25 01:44 pm (UTC)no subject
Date: 2004-02-25 02:32 pm (UTC)no subject
Date: 2004-02-26 08:42 am (UTC)YOU. I haven't spoken to YOU. YOU need to ping me! muah.