Could these political reforms be done without a constitutional amendment?
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  Could these political reforms be done without a constitutional amendment?
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Author Topic: Could these political reforms be done without a constitutional amendment?  (Read 518 times)
Blue3
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« on: March 23, 2014, 04:08:44 PM »

There's been a lot of talk in recent years of eliminating the Electoral College, or making all political campaigns entirely funded by the public, among others. But those would likely require constitutional amendments if they were to pass judicial scrutiny.

Knowing how polarized Congress and this country is, what political reforms could we pass without needing a constitutional amendment? Here are some possibilities:

1. campaign financing transparency
2. nonpartisan congressional redistricting
3. further erode the filibuster
4. automatic voter registration/updating
5. mandate that the options of early voting and vote-by-mail be available in every state
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JerryArkansas
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« Reply #1 on: March 23, 2014, 04:11:57 PM »

Due to polarization, none can be done from the congress, but technically they can be, but not realistically.  #2 can be done pretty easily in the states, so can #4 and 5, and 1.
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Del Tachi
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« Reply #2 on: March 23, 2014, 04:13:38 PM »

1.  Probably.  Congress would have to be very careful and even then the Act would probably be severely litigated too.

2.  Maybe, probably not.  The VRA shows that the Feds can have some influence in statewide redistricting, but expanding this influence to include correcting partisan grievances as well as racial grievances is probably not covered in the Constitution.

3.  Yes.  The United States Senate could completely rewrite the rules of its proceedings without requiring Constitutional amendment.

4.  Probably not.

5.  Probably not.  
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Joshgreen
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« Reply #3 on: March 23, 2014, 04:14:56 PM »

Nope. The Bought Court would overturn whatever doesn't please the corporate overlords.
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King
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« Reply #4 on: March 23, 2014, 04:18:43 PM »

I can't see nonpartisan congressional redistricting even being done with a constitutional amendment. 
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muon2
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« Reply #5 on: March 23, 2014, 06:10:42 PM »

Nonpartisan congressional redistricting does not require a constitutional amendment much like the federal requirement to use single member districts required a simple act of Congress.

US Const Art I Sec 4 (emphasis added)
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Del Tachi
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« Reply #6 on: March 23, 2014, 06:15:43 PM »

Nonpartisan congressional redistricting does not require a constitutional amendment much like the federal requirement to use single member districts required a simple act of Congress.

US Const Art I Sec 4 (emphasis added)
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Hmm.  Seems like such language would only apply to the election of representatives, not the creation or composition of the districts from which they are elected.

Requiring single-member districts can be achieved through regulating election to Congress, while the composition of the district cannot. 
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True Federalist (진정한 연방 주의자)
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« Reply #7 on: March 23, 2014, 08:15:40 PM »

All of them could be done with or without an amendment, but none of them are likely to be done.
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SteveRogers
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« Reply #8 on: March 23, 2014, 08:17:11 PM »

There's been a lot of talk in recent years of eliminating the Electoral College, or making all political campaigns entirely funded by the public, among others. But those would likely require constitutional amendments if they were to pass judicial scrutiny.

Knowing how polarized Congress and this country is, what political reforms could we pass without needing a constitutional amendment? Here are some possibilities:

1. campaign financing transparency
2. nonpartisan congressional redistricting
3. further erode the filibuster
4. automatic voter registration/updating
5. mandate that the options of early voting and vote-by-mail be available in every state

1. Probably to some extent, but every attempt by congress to regulate campaign finance has tended to make things worse. We probably need a constitutional amendment to really clean up the Super PAC mess.

2. This is theoretically possible. Congress has already mandated single-member districts by law. The voting rights act regulated racial gerrymandering. Additionally, the Supreme Court has held that excessive partisan gerrymandering might be unconstitutional but the Court was divided over whether a judicially manageable solution exists. That leaves the door open for congress to regulate the problem. That being said, I don't know what the enforcement mechanism would be. Congress might be able to mandate "no partisan redistricting," but almost certainly can't actually require a state to create a non-partisan state agency to draw the districts.

3. Sure, you just need a Senate majority leader willing to do it and a majority of senators in support of the rule change.

4, 5. Article I, Sec. 4 gives congress the power to regulate the "The Times, Places and Manner of holding Elections for Senators and Representatives," congress could probably mandate early voting and voting by mail. However, congress probably could not broadly regulate state voter registration or eligibility to vote in congressional elections. The Constitution states that the eligibility requirements for voting in a U.S. congressional election are the same as the requirements for voting for "the most numerous Branch of the State Legislature."
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« Reply #9 on: March 23, 2014, 09:52:50 PM »

1. 5 non right-wingers on the court together with a non-right wing Congress and President
2. 5 liberals on the court
3. It just needs the Senate
4. Probably just at the state level for now
5. Probably just at the state level for now
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