It’s a cute idea, but it’s also partially in error. I know this because I own a “pocket Constitution,” which I keep at my desk. I relish any opportunity to use it. (Though pulling it out to lecture an officer about search and seizure rights during a routine traffic stop is not recommended. But I digress).

The e-mail’s premise is based on a way that does exist to legally circumvent Congress and pass a Constitutional Amendment, by first having a Constitutional Convention called by two-thirds (or 34) of the state legislatures. Then, that Convention would have to propose the Amendment, which would then be sent back to the states for approval by three-fourths (or 38) of the state legislatures, or (if the text of the Amendment indicates) by a state convention.

One sticking point - it's never actually happened before! All Constitutional Amendments in U.S. history, since the Bill of Rights, have been proposed by Congress. But the Constitution does spell out the scenario above as an option (it’s laid out in Article V), even if no one's used it.

Meanwhile, here's a further sticky wicket – the 27th Amendment to the U.S. Constitution states: No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of representatives shall have intervened.

This means that, even if by some remarkable set of circumstances, this suggested “28th Amendment” were to be passed, it wouldn't apply until the next Congressional session, by which time voters could boot out the lawmakers they think are corrupted by the benefits they receive.

Ain’t civics a hoot?

HEALTH CARE SUMMIT REMINDER

For a health care conversation without the politicians, remember to join us this coming Wednesday, September 9th, 2009 at 9am at Whitaker Center in downtown Harrisburg for a live broadcast of Radio Smart Talk. (It’s part of WITF 89.5’s day-long live broadcast from Whitaker, on its tenth anniversary). In recent weeks, we’ve devoted programs to learning more about what our elected officials hope to achieve as they debate a potential overhaul of our nation’s health care system. Now that we’ve heard from the politicians, we want to engage with you and other health care stakeholders. We’ll spend the hour taking your questions for representatives of health care providers, hospitals, doctors, and patients. To register for this free event, call (717) 910-2936…or e-mail us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it . I hope to see you there.

- Craig