Constitutional Convention 2020 Topic Guide

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LETTER FROM THE DAIS Esteemed Delegates, Dear Delegates, Welcome to the 2016 Convention!

Youwith are now a part the most Hello everyone!

My Constitutional name is Wendy and I, along Emily, amofyour seniorengaging staffer and lively committee here at YMUN XL!Status Our names are Mitch Barrows I’m and aPeter Wyckoffat and the YMUN 39’s Commission on the of Women.

Currently, sophomore Yale, two of us are very excited to runathis committee over fourplans days of conference. can’t majoring in Psychology with Neuroscience trackthewith to the go to graduateWe school. wait to meet you all, but for now, here’s a little about us.

Outside of the classroom and YMUN, I am also part of Yale’s Mock Trial team, a mentor in Mitch, a(Women sophomore from Petoskey, Michigan, spent part of the summergroup studying and WYSE and Youth Supporting Each Other), a mentoring forSpanish local middle Latin American history Ecuador.

Mitch looks Codi’s to major in Environmental Studies, eventually school girls, and I am in running a non-profit, Hats. applying his love of all things political to environmental policy work on the national and international level. In addition, Mitch is a member ofhealth the Yale College In the glory With the ever-evolving policies on reproductive rights andDemocrats. women’s rights, I’m exdays of school, Mitch stances conquered UNclashes conferences galore and may spicedbring up delegate cited tohigh see the different andModel cultural that the topics out. I look dances everywhere.

Whenyou Mitch isn’t frolicking Ecuadorian forward to seeing how all respond in thethrough committee.

See yourainforest, soon! writing political philosophy papers, or crunching on granola, you can find him revisiting his favorite episodes of Rock, West Wing, -30Wendy Cai, Yale ‘15 or Game of Thrones, taking guilty pleasure from top 40 pop, or rereading (and vigorously taking notes on) Hillary Clinton’s 2003 autobiography.

Hi guys! I’m Emily, and I will also be working as one of the directors for CSW. A Northern native, currently a sophomore at Yale Branford College, majoring in PeterCalifornia started Model UNI’m in his hometown, Paris France, eonsin ago during high school.

A hopeful Economics with a possible double major ininEast Asian Studies.

After graduation, I hope Global Affairs Major, Peter spent his summer Osaka, Japan learning Japanese and doing to live and work in nationality China for several before pursuing a graduate possibly research about what means toyears the Japanese.

He spends his time atdegree, Yale between thein business or law. radio station, local high schools teaching, and various rooftops (so many to choose from on campus). He also loves to hike, play basketball, watch Sherlock and “dance all night to the sun”

When classes preparing (got to not lovegoing Frenchtomusic akaor Daft Punk). for YMUN, I also serve as a mentor in ReadySetLaunch, an organization providing college counseling services to low-income students, participate Danceworks, a dance group Yale, and I serve on thethat alumni But enough in about us. The United States facesat unprecedented challenges need fundraising addressing, board for my high school.

I also enjoy cooking, baking, and playing softball. and it is up to you to help guide this convention to success. You need to be bold if you are to secure your place in the history books and prepare the United States for a prosperous stability.

IYou can’t wait create to hear thoughts on the topics wealso havethe prepared thisthe year. should theyour country you want to live in, but country for thatcommittee can withstand Women’s rights remain a hotly debated topic globally, and I know you all are going to test of time. come up with informed, innovative solutions to these pressing problems. Please don’t hesitate to email either Wendy or me with any questions or concerns.

We are confident that you are up to the challenge. If you have any questions, please feel free to email mitchell.barrows@yale.edu or peter.wyckoff@yale.edu and we will respond promptly.

- Emily Harris, Yale ‘15

Wethe lookbest, forward to seeing you all in January!

All Wendy Cai (wendy.cai@yale.edu) - MitchHarris Barrows, Yale ’16 & Peter Wyckoff, Yale ‘16 Emily (emily.harris@yale.edu)

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TABLE OF CONTENTS Committee Background Contemporary Challenges Discussion Topics Bill of Rights Roles Structure of the Committee Suggestions for Further Research !

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Committee Background

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After a tumultuous second term, President Obama formed the United States National American Constitutional Committee in 2016 to reexamine the American Constitution, and rework topics of particular contentious issue. As a Constitutional Research committee, its job is to present a new, reworked, constitution that will be voted upon by direct referendum. Using technological discoveries from the “miracle year� of 2015, the committee was formed with both new and old voices: a mix of both Founding Fathers brought back to life and more contemporary figures charged with the task of modernizing the constitution. Debating and amending the constitution, for simplicity reasons, has been split into two, the 2013 Constitution’s (the reference document for this committee) articles and amendments. The final document presented by the committee will be put forward to a national referendum. If you succeed, the United States will march forward into a bright future. If you fail, the United States will continue its downward spiral into political chaos.

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Contemporary Challenges !

Each delegate will be assigned a significant American political character from the past three centuries. The convention will need to not simply re-enact age old political arguments surrounding the protection of personal freedoms, the power of the state, separation of powers, democratic institutions, political parties etc, but rather re-evaluate them in modern context. If you are Thomas Jefferson, how would you approach financial regulation? If you are Ronald Reagan, how would you evaluate second amendment rights in the 21st century? If you are George Washington, how would you react to presidential war powers?

Crises will unfold over several days that embody the types of political questions that will need answering. Will citizens have the right to bear arms? Will the convention create an extended bill of rights guaranteeing universal health care, environmental rights, etc.? How extensive and precise will anti-discrimination language be? Will the nation continue to have a military?

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The end product will be judged on how many delegates vote to ratify the constitution, how well the new constitution addresses modern issues and protects individuals rights while still establishing a relatively powerful federal government. The end popular vote released by the chair will reflect the delegates’ work.

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Discussion Topics !

The Articles: At its signing, the Constitution of the United States replaced an ailing Articles of Confederation and established a strong federal government. Over time, Congress and the Supreme Court have interpreted and added new meaning to the document to strengthen the role of the federal government even further. As a committee member, it is your job to reevaluate the lines (or lack of lines) Congress and the Court have drawn, as well as reevaluate the structure of government put in place. Debating the articles entails addressing some of today’s most poignant issues.

1.

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Balance and Separation of Powers 1.

War Powers and Executive Power - Should the United States retain its presidential system?

2.

Should the constitution restrain the power and scope of executive agencies?

3.

How far can Congress regulate (think “commercial clause” and “necessary and proper” clause)?

4.

Do the appointments of unelected judges to life terms have any place in a democratic system of governance? Should the revised constitution limit the time spent in a supreme court position?

Should the judges be elected?

2.

Term lengths 1.

Executive - Many countries have longer terms for their presidents than the United States. A common criticism of the executive is that he/she can barely accomplish anything in a four year term with the constant worry of re-election. Should the revised constitution establish a single six, eight, or ten year term?

2.

Legislative - Does the two-year “constant reelection” system for the Representatives hamper legislation too much? Does a sixyear term remove the Senate too far from popular opinion and put it in conflict with the executive?

3.

Judiciary - Are life terms for Supreme Court Justices ideal?

3.

Voting 1.

Electoral College - Is the electoral college still necessary with modern day technology and speed? By giving more focus to certain states over others, does the electoral college actually do more harm than good?

2.

Voting Requirement - Should there be a constitutional requirement to vote in order to gain the perks of citizenship?

3.

Voter IDs - Should the Constitution require voters to

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prove their identity? To what extent?

Voting Age - Americans can vote before they can drink, and before various countries around the world. When does one reach voting age, and why is that year more significant than any other?

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Bill of Rights !

The amendments to the constitution, the Bill of Rights in particular, plays a key role in American law and government. But in recent years, the failure of the Bill of Rights and other constitutional amendments to concretely define liberties has resulted in unprecedented political strife. In an era of drone surveillance, automatic weapons, environmental destruction, enhanced interrogation, gay bashing, unprecedented wealth accumulation, gender income inequality, and a horrendous health care system, the American people no longer feel secured by their Constitution. Ideological tensions have grown so high that the U.S. government has come to a standstill. Congressional gridlock has prevented any major legislation from materializing in the past three years. Political apathy has turned to anger, resulting in the American people demanding change. It is your job as the Constitutional Convention to more concretely define the liberties enumerated in the constitution, and those not enumerated.

1. Right to a clean environment/Rights of Nature:

Countries such as Ecuador and Costa Rica have implemented rights to the environment directly in their constitutions. Ecuador was the first nation to

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establish rights of nature. For the first time, the environment was viewed as an entity bearing rights, rather than an entity for humanity to exploit. All environmental law in Ecuador now stems from these rights of nature.

The U.S. federal government currently uses rules and inducements to control its environmental policy. The rules generally come in the form of regulations set by the Environmental Protection Agency, and inducements can be either punishments or rewards for certain behavior. Environmental policy authority is highly fragmented amongst the federal government. Nearly every executive department has some environmental authority, such as the Department of State with international environmental policy and the Department of Justice with environmental litigation. This fragmentation is repeated within the legislative branch, with examples such as how the Senate Committee on Labor and Human Resources left

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Air and water pollution increasingly pose health risks as well as environmental risks, exacerbating the problem of overpopulation as land becomes less usable. The committee should focus on any ways a revised constitution may streamline environmental policy and protection.

marriage licenses, and legal protection to gay citizens? In addition, is mere equal treatment under the law enough to shore up racism and prejudice in modern society?

Should the United States amend the 14th amendment to be more inclusive and delineate a more precise equal protection for all? Or would this amendment then be considered redundant in a society that already contains many (however unevenly distributed) equal protection laws?

2. Expanding Equal Protection The Equal Protection Clause of the 14th amendment of the U.S. Constitution prohibits states from denying any person within its jurisdiction the equal protection of the laws. The equal protection clause is not intended to provide "equality" among individuals or classes but only "equal application" of the laws. The result, therefore, of a law is not relevant so long as there is no discrimination in its application.

By denying states the ability to discriminate, the equal protection clause of the Constitution is crucial to the protection of civil rights. But how is it that over 140 years after its ratification, the 14th amendment hasn’t stopped numerous states from denying adoption rights,

3. 2nd Amendment Gun Rights “The right of the people to keep and bear Arms, shall not be infringed� ends one of the most contentious amendments to the Constitution.

Does this clause protect the right to bear arms for all in any circumstance? In District of Columbia v.

Heller (2008), the Supreme Court ruled that the Second Amendment "codified a pre-existing right" and thatit "protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home" but also stated that "the right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose". In McDonald v. Chicago

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(2010), the Court ruled that the Second Amendment limits state and local governments to the same extent that it limits the federal government. However these decisions stand in contrast to decisions of years prior.

In United States v. Cruikshank (1875), the Supreme Court ruled that "[t]he right to bear arms is not granted by the Constitution; neither is it in any manner dependent upon that instrument for its existence. The Second Amendment means no more than that it shall not be infringed by Congress, and has no other effect than to restrict the powers of the National Government." In United States v. Miller (1939), the Court ruled that the amendment "[protects arms that had a] reasonable relationship to the preservation or efficiency of a well regulated militia.” Which line of thought is correct? The convention has an obligation to draw new lines and remove grey area from the 2nd amendment.

4. Universal Health Care Refers to a health care system, which provides health care and financial protection to all its citizens. It is organized around providing a specified package of benefits to all members of a society with the end goal of providing financial risk protection, improved access to health services,

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and improved health outcomes. Universal health care is not a one-size-fits-all concept; nor does it imply coverage for all people for everything.

Universal health care can be determined by three critical dimensions: who is covered, what services are covered, and how much of the cost is covered.

By 1941, New Zealand was the first nation to implement universal coverage. On July 5, 1948, the United Kingdom implemented its universal National Health Service. Universal health care was next introduced in the Nordic countries of Sweden (1955), Iceland (1956), Norway (1956), Denmark (1961), and Finland (1964).

Universal health insurance was then implemented in Japan (1961), Canada (1968–1972), and twice in Australia (1974 and 1984). Universal national health services were then introduced in the Southern European countries of Italy (1978), Portugal (1979), Greece (1983), and Spain (1986), followed by the Asian countries of South Korea (1989), Taiwan (1995), and Israel (1995). From the 1970s to 1990s, the Western European countries of Austria, Belgium, France, Germany and Luxembourg expanded their social health insurance systems to provide universal or near-universal coverage, as did the

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Most current universal health care systems were implemented in the period following the Second World War as a process of health care reform, intended to make healthcare available to all, in the spirit of Article 25 of the Universal Declaration of Human Rights of 1948, signed by every country doing so. However, the USA did not ratify the social and economic rights sections, including Article 25's right to health.

Many nations have embedded right to health in their constitutions.

Should the United States join the rest of the developed world and guarantee affordable healthcare for all? Or have these health protections led to bloated bureaucracies, shamelessly expanding government power and racking up debt? It is the convention’s duty to consider the shameful state of health in the United States and its effect on numerous aspects of American life.

5. Privacy The U. S. Constitution contains no express right to privacy. The Bill of Rights, however, reflects the concern of James Madison and other framers for protecting specific aspects of privacy, such as the privacy of beliefs (1st

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Amendment), privacy of the home against demands that it be used to house soldiers (3rd Amendment), privacy of the person and possessions as against unreasonable searches (4th Amendment), and the 5th Amendment's privilege against self-incrimination, which provides protection for the privacy of personal information. In addition, the Ninth Amendment states that the "enumeration of certain rights" in the Bill of Rights "shall not be construed to deny or disparage other rights retained by the people." The meaning of the Ninth Amendment is elusive, but some persons (including Justice Goldberg in his Griswold concurrence) have interpreted the Ninth Amendment as justification for broadly reading the Bill of Rights to protect privacy in ways not specifically provided in the first eight amendments.

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The question of whether the Constitution protects privacy in ways not expressly provided in the Bill of Rights is controversial. Many originalists, including most famously Judge Robert Bork in his ill-fated Supreme Court confirmation hearings, have argued that no such general right of privacy exists. The Supreme Court, however, beginning as early as 1923 and continuing through its recent decisions, has broadly read the "liberty" guarantee of the Fourteenth Amendment to guarantee a fairly broad right of privacy that has come to encompass decisions about child rearing, procreation, marriage, and termination of medical treatment. Polls show most Americans support this broader reading of the Constitution. In a modern world with NSA surveillance, drone technology, and the online publication of vast amounts of our information, it seems society and politics hasn’t reflected that support. Should the convention define a broader right to privacy?

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Roles The popular vote to ratify the new constitution as well as the election of the first interim leader by members of the committee will mark the end of the simulation.

Roles: George Washington - Washington was elected President as the unanimous choice of the electors in 1788, and he served two terms in office. He oversaw the creation of a strong, well-financed national government that maintained neutrality in the wars raging in Europe, suppressed rebellion to maintain unity, and won acceptance among Americans of all types.

Ayn Rand - Originally from Russia, Rand was a philosopher and novelist who developed the “Objectivist” method of thought. Politically, she believes in minimal government, laissez-faire economic policies, complete detachment of church and state, and the moral superiority of individual rights.

Ronald Reagan - The source of an American resurgence in conservatism in the 80’s, Reagan’s presidency was marked by his Reagonomics (supply-based economics) as well as a harder line on crime, drugs and in Foreign Policy.

Al Gore - A Democrat from Tennessee, Gore served as Vice President under Clinton before losing a very tight election in 2000 to George W Bush (he lost the electoral college as a result of a very tight and confused race in Florida, however won the popular vote). A strong supporter of environmental rights, he released several books including An Inconvenient Truth, which became a globally-viewed and read documentary and publication about climate change.

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Hillary Clinton - Hillary Clinton, a seasoned lawyer, the 67th U.S. Secretary of State, a senator from the state of New York, and first lady to Bill Clinton, is one of the most accomplished and decorated politicians of the past century. After receiving an undergraduate degree from Wellesley College and a JD from Yale Law, Mrs. Clinton worked tirelessly for the rights of women and children across the world. Her tenure as first lady saw her often times compared to iconic former first lady Eleanor Roosevelt as she struck her own non-traditional role in the White House.

A fierce advocate for universal health care and equal protection and opportunity, Hillary Clinton has earned a sky-high approval rating and near universal name recognition and popularity across the world.

Dwight Eisenhower - A moderate Republican elected after World War II, Eisenhower promised a “New Look.” A war veteran and having led the European theater in the war, he nonetheless warned of the dangerous “military-industrial complex”. He enacted several domestic policies, including the Highway Act, the Atomic Energy Act and the creation of NASA. Little Rock and various bits of civil rights legislation also indicated his will to follow the constitution, despite personal disagreements.

Thomas Jefferson - A proper government, for Jefferson, is one that not only prohibits individuals in society from infringing on the liberty of other individuals, but also restrains itself from diminishing individual liberty.

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James Madison - The Fourth President of the United States, Madison was a strong supporter (and main writer) of the Bill of Rights. Through his life he changed his political views gradually, moving from the writing of the Federalist Papers and strong support of a central government, to support of state rights, to a middle position at the end of his life.

Alexander Hamilton - One of the key financial figures in American history, Hamilton also founded the first American Political Party. He believed that power should be held by an elite, with concentrated power in the government, and believed national debt should be carefully manipulated.

Franklin Roosevelt - The only American President to serve more than two terms, FDR spearheaded a litany of legislation in an attempt to solve the economic crisis of the 1930’s as part of his “New Deal,” redefining American liberalism and creating the “New Deal Coalition” which realigned American politics after 1932. His most famous legislative accomplishments manifested themselves in a variety of programs designed to produce relief (government jobs for the unemployed), recovery (economic growth), and reform (through regulation of Wall Street, banks and transportation). Many programs still exist today and his legacy continues to influence democratic politicians.

John Adams - The second president of the US, John Adams had a strong hand in shaping the original constitution, in part from the many ideas he brought in from the writing of the

UNCSW 16 Massachusetts Constitution (http://www.nhinet.org/ccs/docs/ma1780.htm) in 1780. An Enlightenment thinker, he believes in Republicanism and a strong central government (that some have criticized as monarchical).

Benjamin Franklin - An incredibly famous scientist, Benjamin Franklin is one of the leaders of the American Enlightenment, and an ardent believer in Republicanism. He is strongly opposed to any religious or political authoritarianism, and believes in an American ethos that includes self-governing institutions.

Lyndon Johnson - As part of his “Great Society”, LBJ pushed through legislation that provided health care coverage to millions of Americans, boosted education standards and funding, instituted strong civil rights legislation, and strengthened environmental protection.

Barry Goldwater - Suffering one of the biggest electoral defeats in history against LBJ, Goldwater attacked the welfare state, labor unions, and the previous administration’s attitude towards the Soviet Union. Considered an inspiration for libertarians, he planted the seeds for later conservative revival.

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William Buckley - was a conservative American author and commentator. He founded the political magazine National Review in 1955, which had a major impact in stimulating the conservative movement. Buckley’s primary contribution to politics was a fusion of traditional American political conservatism with laissez-faire economic theory and anti-communism, laying groundwork for future presidential candidate Barry Goldwater and President Ronald Reagan.

Antonin Scalia - Appointed by Ronald Reagan in 1986, Scalia has been described as the intellectual anchor of the Court’s conservative wing. In his quarter-century on the Court, Scalia has staked out a conservative ideology in his opinions, advocating originalism in constitutional interpretation. He is a strong defender of the powers of the executive branch, believing presidential power should be paramount in many areas. He opposes affirmative action and other policies that treat minorities as groups. He files separate opinions in large numbers of cases, and, in his minority opinions, often castigates the Court's majority in scathing language.

Earl Warren - was an American jurist and politician who served as the 14th Chief Justice of the United States and the 30th Governor of

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California. He is best known for the decisions of the Warren Court, which ended school segregation and transformed many areas of American law, especially regarding the rights of the accused, ending public-school-sponsored prayer, and requiring "one-man-one vote" rules of apportionment. He made the Court a power center on a more even base with Congress and the presidency especially through four landmark decisions: Brown v. Board of Education(1954), Gideon v. Wainwright (1963), Reynolds v. Sims (1964), and Miranda v. Arizona (1966).

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Structure of the Committee The Constitutional Convention committee will be run as an extended moderated caucus. The exact speaking time will be decided upon by members of the committee, but will be set at one minute to start. Delegates will be able to motion for unmoderated speaking time.

Delegates will submit resolutions in the form of amendments to the constitution to be voted on when discussion of a topic has terminated. Delegates will be able to motion to move into voting procedure at any time, which will be granted at the chair’s discretion.

The committee will span from January 2016 to January of 2017. Throughout the course of a single committee session, time will generally jump forward a few weeks. Time jumps will also occur between committee sessions.

You will have access to a website that will keep you updated with exactly what the time jump is and what has occurred within a jump. This website will also include op-eds, polls, public reactions, and general goings on occurring in the United States.

We ask that delegates bring their own laptops or tablets. Your laptops will be used to do research, to email committee staffers for information or to send requests, to check the online site that releases Gallup polls and other committee materials, and to write up press releases and other committee documents.

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Suggestions for Further Research Reading and studying the U.S. constitution is the best form of preparation for this committee. Read it through as a citizen of the 21st century and annotate. What works? What would you change? Next, read it through as your character and repeat the annotation process. Determine the key areas your character would focus on in a revision.

In addition, reading examples of foreign constitutions is extremely helpful. Here are a chosen few, but please feel free to bring bits from any other constitutions.

The United States: http://www.archives.gov/exhibits/charters/constitution_transcript.html France: http://www.assemblee-nationale.fr/english/ Ecuador: http://pdba.georgetown.edu/Constitutions/Ecuador/english08.html Sweden: http://www.riksdagen.se/en/Documents-and-laws/Laws/The-Constitution/ Costa Rica: http://www.therealcostarica.com/government_costa_rica/constitution_costa_rica.html South Africa: http://www.info.gov.za/documents/constitution/1996/a108-96.pdf More links http://www.nytimes.com/2012/02/07/us/we-the-people-loses-appeal-with-people-around-theworld.html?pagewanted=all&_r=0 http://www.nydailynews.com/opinion/legal-bullets-bounce-back-article-1.1225737 http://www.slate.com/articles/news_and_politics/jurisprudence/2012/09/the_225th_anniversary_of_the_u_s_co nstitution_now_for_the_next_200_years_.html http://www.slate.com/articles/news_and_politics/jurisprudence/2012/03/supreme_court_and_obamacare_what _donald_verrilli_should_have_said_to_the_court_s_conservative_justices_.html http://www.digtriad.com/video/1029269248001/0/Does-The-US-Constitution-Need-A-Makeover http://www.pnhp.org/facts/a-brief-history-universal-health-care-efforts-in-the-us http://www.projectcensored.org/18-ecuadors-constitutional-rights-of-nature/ Do not hesitate to reach out if you have any research questions!

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