{"id":1848,"date":"2024-05-12T12:58:58","date_gmt":"2024-05-12T16:58:58","guid":{"rendered":"https:\/\/rhodeisland.concon.info\/?p=1848"},"modified":"2024-06-23T11:48:22","modified_gmt":"2024-06-23T15:48:22","slug":"its-past-time-for-ri-to-prep-for-nov-5-constitutional-convention","status":"publish","type":"post","link":"https:\/\/rhodeisland.concon.info\/?p=1848","title":{"rendered":"It’s past time for RI to prep for Nov. 5 constitutional convention"},"content":{"rendered":"\n

J.H. Snider is the editor of The Rhode Island State Constitutional Convention Clearinghouse. Gary Sasse served as the Rhode Island director of the departments of Administration and Revenue, and executive director of the Rhode Island Public Expenditure Council.<\/em><\/p>\n\n\n\n

Once a decade, next on Nov. 5, the Rhode Island Constitution mandates that its people have the right to call a constitutional convention to propose amendments for popular ratification.<\/p>\n\n\n\n

A convention\u2019s contemporary democratic purpose is to allow the people to vote on popular changes to Rhode Island\u2019s fundamental law that the legislature chooses not to initiate and place on the ballot. Fourteen states provide a periodic convention referendum and 18 a constitutional initiative to provide the people with such a legislative bypass mechanism. The framers of Rhode Island\u2019s 1973 Constitution favored the periodic convention referendum over the initiative partly because it incorporates enhanced public deliberation when making constitutional proposals.<\/p>\n\n\n\n

Preparatory panel considered a best practice<\/h2>\n\n\n\n

The Constitution also mandates that the \u201cgeneral assembly, or the governor if the general assembly fails to act, shall provide for a bi-partisan preparatory commission to assemble information on constitutional questions for the electors.\u201d During the 1960s, the last great wave of U.S. state conventions, it was considered best practice to form such a preparatory commission before calling a convention. For example, Maryland\u2019s governor appointed 27 citizens to such a commission before the popular vote on whether to call a convention. The commission suggested constitutional changes that a convention might consider.<\/p>\n\n\n\n

In contrast, Rhode Island\u2019s most recent preparatory commission did what was minimally required. It was created in the waning days of the General Assembly\u2019s session with a limited time frame to meet the spirit of the constitutional mandate creating the Preparatory Commission.<\/p>\n\n\n\n

Complaints of hindering by Assembly<\/h2>\n\n\n\n

In 2014, former 1973 convention delegate John Partridge, who helped draft the preparatory commission clause, complained about the legislature\u2019s compromising the commission process:<\/p>\n\n\n\n

“First, we expected that the General Assembly would establish the Preparatory Commission well in advance of the vote on whether there should be a convention. The common thought at that time was a year in advance. Secondly, it was thought that it would be comprised, primarily, of non-members of the General Assembly. I can absolutely assure you that it was not expected there would be General Assembly members in a majority on the Preparatory Commission because many constitutional issues directly affect the General Assembly, creating possible conflicts. Thirdly, there would be a written report given to the voters well in advance of the question being on the ballot. And lastly, it was thought the Preparatory Commission would not take positions\u2026. [It] would, instead, determine the principal issues that might be considered and suggest pros and cons on those issues so that the issues could be robustly debated.”<\/p>\n\n\n\n

Given the legislature\u2019s current delay in passing commission-enabling legislation, it should give immediate priority to creating a Preparatory Commission as specified in the state constitution. The enabling act creating the Preparatory Commission should not include elected officials as commission members. It should provide for webcasting and ample public notice of the commission\u2019s public hearings. It should also have sufficient resources to engage professionals to support its research and hearings, and report its finding well in advance of the vote to call a convention.<\/p>\n\n\n\n

Source: <\/strong>Snider, J.H., and Gary Sasse,\u00a0It\u2019s past time for RI to prep for Nov. 5 constitutional convention<\/a>,\u00a0Providence Journal<\/em>, May 12, 2024. The article as published is copied below:<\/p>\n\n\n\n

\"\"<\/a><\/figure>\n","protected":false},"excerpt":{"rendered":"

J.H. Snider is the editor of The Rhode Island State Constitutional Convention Clearinghouse. Gary Sasse served as the Rhode Island director of the departments of Administration and Revenue, and executive director of the Rhode Island Public Expenditure Council. Once a decade, next on Nov. 5, the Rhode Island Constitution mandates that its people have the […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"off","_et_pb_old_content":"\n

J.H. Snider is the editor of The Rhode Island State Constitutional Convention Clearinghouse. Gary Sasse served as the Rhode Island director of the departments of Administration and Revenue, and executive director of the Rhode Island Public Expenditure Council.<\/em><\/p>\n\n\n\n

Once a decade, next on Nov. 5, the Rhode Island Constitution mandates that its people have the right to call a constitutional convention to propose amendments for popular ratification.<\/p>\n\n\n\n

A convention\u2019s contemporary democratic purpose is to allow the people to vote on popular changes to Rhode Island\u2019s fundamental law that the legislature chooses not to initiate and place on the ballot. Fourteen states provide a periodic convention referendum and 18 a constitutional initiative to provide the people with such a legislative bypass mechanism. The framers of Rhode Island\u2019s 1973 Constitution favored the periodic convention referendum over the initiative partly because it incorporates enhanced public deliberation when making constitutional proposals.<\/p>\n\n\n\n

Preparatory panel considered a best practice<\/h2>\n\n\n\n

The Constitution also mandates that the \u201cgeneral assembly, or the governor if the general assembly fails to act, shall provide for a bi-partisan preparatory commission to assemble information on constitutional questions for the electors.\u201d During the 1960s, the last great wave of U.S. state conventions, it was considered best practice to form such a preparatory commission before calling a convention. For example, Maryland\u2019s governor appointed 27 citizens to such a commission before the popular vote on whether to call a convention. The commission suggested constitutional changes that a convention might consider.<\/p>\n\n\n\n

In contrast, Rhode Island\u2019s most recent preparatory commission did what was minimally required. It was created in the waning days of the General Assembly\u2019s session with a limited time frame to meet the spirit of the constitutional mandate creating the Preparatory Commission.<\/p>\n\n\n\n

Complaints of hindering by Assembly<\/h2>\n\n\n\n

In 2014, former 1973 convention delegate John Partridge, who helped draft the preparatory commission clause, complained about the legislature\u2019s compromising the commission process:<\/p>\n\n\n\n

\"First, we expected that the General Assembly would establish the Preparatory Commission well in advance of the vote on whether there should be a convention. The common thought at that time was a year in advance. Secondly, it was thought that it would be comprised, primarily, of non-members of the General Assembly. I can absolutely assure you that it was not expected there would be General Assembly members in a majority on the Preparatory Commission because many constitutional issues directly affect the General Assembly, creating possible conflicts. Thirdly, there would be a written report given to the voters well in advance of the question being on the ballot. And lastly, it was thought the Preparatory Commission would not take positions\u2026. [It] would, instead, determine the principal issues that might be considered and suggest pros and cons on those issues so that the issues could be robustly debated.\"<\/p>\n\n\n\n

Given the legislature\u2019s current delay in passing commission-enabling legislation, it should give immediate priority to creating a Preparatory Commission as specified in the state constitution. The enabling act creating the Preparatory Commission should not include elected officials as commission members. It should provide for webcasting and ample public notice of the commission\u2019s public hearings. It should also have sufficient resources to engage professionals to support its research and hearings, and report its finding well in advance of the vote to call a convention.<\/p>\n\n\n\n

Source: <\/strong>Snider, J.H., and Gary Sasse,\u00a0It\u2019s past time for RI to prep for Nov. 5 constitutional convention<\/a>,\u00a0Providence Journal<\/em>, May 12, 2024. The article as published online is copied below.<\/p>\n\n\n\n

\"\"<\/a><\/figure>\n\n\n\n
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