Chapter 25
Chapter Twenty-Five — The Amendment
The One Hundred and Twenty-First Congress convened on the third of January, 2029.
The Congress that convened was not the Congress that had convened two years before. The Congress that had convened two years before had been, by the count the organizations kept, a Congress in which the pledged supporters of the US Majority Amendment numbered in the low forties in the House and in the single digits in the Senate. The Congress that convened on the third of January numbered, by the same count, two hundred and ninety-eight in the House and sixty-nine in the Senate. The numbers had been achieved across two cycles. The numbers had been achieved by the method the book had prescribed: district by district, state by state, each committee autonomous, each candidate pledged, each campaign run from the ground up, no national director, no coordinator, no permission asked of any authority outside the district or the state in which the campaign was being fought.
The numbers were, in both chambers, above the two-thirds threshold.
The Speaker of the House, who had been elected to the speakership on the first ballot on the third of January, was a woman from Oregon who had, in the previous Congress, been one of the forty-three. She had signed the US Worker Pledge in the spring of 2027. She had won her seat in the Clean Slate campaign of 2028 with sixty-one percent of the vote. She had, in the organizing meetings of the new Congress, said to the members of her caucus: we have the votes. We will not wait. We will not be the Congress that had the votes and did not use them.
The Majority Leader of the Senate, who had been elected to the leadership on the same day, was a man from Minnesota who had been one of the nine. He had signed the pledge in the autumn of 2027. He had won his seat in the same cycle. He had said, in the meeting in which the leadership had been decided: the country did not send us here to deliberate. The country sent us here to propose.
The country had, in the election of November 2028, delivered the Congress the country had been promised. The election had not been a presidential election that turned on the amendment alone, although the President-elect had, in the course of the campaign, made her support for the amendment a central pillar of her platform and had said, in the only extended statement she made on the subject before the election, that the country had earned the amendment and that the office she was seeking did not give her the right to obstruct it. The election had been, instead, an election in which the Clean Slate campaigns had, in district after district and state after state, done the work the district committees had organized themselves to do: knock the doors, count the signatures, field the candidates, and win.
The President-elect had won the election on the seventh of November. She had, in the ten weeks between the election and the convening of the new Congress, said nothing about the amendment in public beyond a single statement, issued on the morning after the election, in which she said only that the Congress the country has elected will do what the country elected it to do. The office I will hold does not direct the Congress. The office I will hold signs what the Congress sends.
She had taken the oath of office on the twentieth of January, 2029, under the rules of the amendment regime that was still, on that day, the old regime. The new Congress had been seated seventeen days before the new President had taken the oath. The new Congress had, in those seventeen days, organized itself and had, on the morning of the fourteenth of January, introduced the joint resolution proposing the US Majority Amendment to the Constitution of the United States.
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The joint resolution was introduced in both chambers on the same morning.
In the House, the resolution was H.J. Res. 1. The resolution had three operative sections, which were the three operative provisions of the US Majority Amendment: the abolition of corporate personhood, the removal of money from politics, and the AI Speed Limit. The resolution specified, in its proposing clause, that the amendment, if proposed by two-thirds of both chambers, would be ratified not by the legislatures of the several states but by conventions in the several states, as provided by Article V and in accordance with the precedent of the Twenty-First Amendment.
In the Senate, the resolution was S.J. Res. 1. The text was identical. The ratification specification was identical.
The specification of ratification by state conventions was the provision the book had called the Twenty-First Amendment model. The model was that Congress proposed the amendment and that the amendment was then ratified by special bodies elected by the people of each state for the sole purpose of voting on ratification, bypassing the state legislatures that the donor class had, over the same forty years it had captured the Congress, also captured. The model had been used once before, in 1933, when the Twenty-First Amendment had repealed Prohibition over the objections of state legislatures the temperance movement had controlled. The model had been chosen deliberately. The book had been explicit: the Convention of States movement invoked the other Article V path — a convention called by state legislatures to propose amendments, with no precedent and no guardrails against a runaway. The US Majority Amendment took the opposite approach: Congress proposes, state conventions ratify. One text, one question, elected delegates, a yes-or-no vote, and the convention dissolves.
The resolution had been drafted by a committee of constitutional scholars, four of whom had been involved in the drafting of the book’s own amendment language, and two of whom had served as counsel to the Senate Judiciary Committee in the previous Congress. The drafting had taken place over the autumn of 2028, in a series of meetings held, with the kind of deliberate inconspicuousness the work required, in the conference room of a law firm in the city of Washington that had, in the firm’s own practice, no clients whose interests were affected by the amendment. The firm had provided the room and the coffee and had asked nothing in return, which was, one of the partners later said, the most patriotic thing the firm had ever done.
The resolution was referred, in the House, to the Committee on the Judiciary. The committee reported it out, with a recommendation, on the twenty-eighth of January. The committee vote had been twenty-four to seven.
The resolution was referred, in the Senate, to the Committee on the Judiciary. The committee reported it out, with a recommendation, on the thirtieth of January. The committee vote had been thirteen to five.
The full House debated the resolution for four days.
The full Senate debated it for six.
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The President addressed the Congress on the third day of the House debate.
She had not been invited. She had requested the address, in a letter to the Speaker, on the grounds that the resolution was the most consequential piece of legislation the Congress had considered in living memory and that the President, who had been elected in part on the strength of her support for the amendment, owed the Congress and the country a public statement of her position.
The Speaker had granted the request. The House had, by resolution, agreed to receive the President’s address in the chamber.
The President had walked, on the morning of the fifth of February, from the House wing to the chamber. She had been wearing the suit she had worn to her father’s funeral, which was the suit she had worn to her swearing-in to Congress, which was the suit she had worn to her inauguration as President. She had, at her throat, the small enamel pin in the shape of a sandhill crane.
Madam Speaker, members of the Congress.
I was not, in my life, raised to be in this room. I was raised in a town that the highway maps do not name. I was raised by a man who fished and a woman who taught. I served in a war I have spent the rest of my adult life not talking about. I came home. I taught the children of the town I was raised in. I married a man who works for the county roads department.
I am, in the room I am standing in, what the framers of the document we are amending called a citizen.
I have, in my life, not had occasion to think about the framers more than was required by my education. I have, in the past three years, read what they wrote. I have read what they argued about. I have read what they conceded to one another. I have read what they failed to do — they failed, as we know, to abolish slavery, and the country paid for that failure with six hundred thousand lives. I have read the document they wrote, in the summer of 1787, in the room where the original convention sat.
I have read the article we are exercising. I have read it as a citizen, not as a lawyer. I have read it as a person to whom the document was, at the moment of its writing, addressed.
The framers wrote the article because they understood that the document would, in the long course of the country’s life, fail in places they could not anticipate. They wrote the article because they knew that the bodies they were creating — the Congress, the Presidency, the Court — would, on the relevant timescale, develop interests of their own that were not always the interests of the country. They wrote the article so that the country could, when the bodies they had created had failed it, repair the document by means that did not require those bodies to consent.
The country has, in the past forty years, been failed by those bodies in the way the framers anticipated. The country has had no instrument, in those forty years, by which it could repair itself, because the bodies that had failed it were the bodies whose consent the easier instruments required. The country has, in the past several years, picked up the harder instrument. We are using it now.
I would like to say to the framers, if any portion of them is listening across the centuries to this room: thank you. Thank you for foreseeing that the country you were creating would, on a long enough timescale, need the instrument you put in your document. Thank you for putting the instrument there.
I would like to say to the members of this Congress: this is not, on my reading, a radical act. This is the use of the instrument the framers gave us, in the manner the framers anticipated, on a subject the framers would, on the evidence of their own writings, recognize as the subject the instrument was for. This is an exercise of conservatism in the deep sense. We are conserving the country the framers built.
I will sign the joint resolution, or any conforming legislation, the moment the Congress places it on my desk. I ask the members of this Congress to vote yes on the resolution. I ask my country to support them.
Thank you.
She had returned to the lectern and had walked, in the manner of Presidents leaving the chamber, down the center aisle.
The House had been, for the duration of her remarks, quieter than the House usually was.
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The House passed the joint resolution on the seventh of February, 2029, by a vote of three hundred and one to one hundred and thirty-four.
The Senate passed the joint resolution on the twelfth of February, by a vote of seventy to thirty.
The votes were above the two-thirds threshold in both chambers. The amendment had been proposed.
The resolution’s specification of ratification by state conventions, pursuant to Article V and the precedent of the Twenty-First Amendment, was now the law of the process. The state legislatures would not be asked to ratify the amendment. The people of the states, through conventions specially elected for the purpose, would be asked to ratify the amendment. The donor class, which had spent forty years buying the state legislatures, discovered that the state legislatures were no longer the bodies whose assent was required.
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The state ratifying conventions sat between April of 2029 and January of 2030.
The conventions were elected by special elections, in the manner the joint resolution had specified, with delegates pledged to vote for or against ratification on a single up-or-down basis. Each state determined the date of its special election within a window the resolution had specified. The delegates ran on the single question of ratification. The voters chose. The structure of the special elections did not permit, on the rules each state had adopted in conforming legislation, the kind of campaign architecture the donor class had, over the past forty years, used to shape congressional and presidential elections. The contributions were capped by the states. The candidates ran in their districts on the single question. The voters chose.
The voters chose, in the count that mattered, in the affirmative.
Eleven states ratified by the end of May of 2029.
Twenty-two by the end of July.
Twenty-nine by the end of September.
The ratifying conventions continued through the autumn. The donor class, which had not anticipated the convention method, spent the summer and the autumn in a state the press described, with varying degrees of sympathy, as disorientation. The lobbyists who had, for decades, walked into state legislative offices with the assurance of people who belonged in the building discovered that the ratifying conventions were held in school gymnasiums and church basements and VFW posts, and that the delegates had been elected on explicit platforms of ratification, and that the delegates’ votes were pledged and binding under state law, and that there was, in the architecture of the ratifying convention, no lever the donor class had not, in the design of the process, been anticipated to try to pull.
Thirty-four states ratified by the end of November.
Thirty-six by the end of December.
The thirty-eighth state — which was Iowa, in a vote whose timing the press would, in the years to come, attribute variously to chance and to the deliberate pacing of the Iowa convention’s leadership — ratified at 3:14 in the afternoon on the seventh of January, 2030.
The US Majority Amendment became, at 3:14 on that afternoon, the Twenty-Eighth Amendment to the Constitution of the United States.
The country had, in the present generation, rewritten its foundation.
The country had done so by means the framers had given it.
The country had, in the doing, lost two Vice Presidents and the director of one intelligence agency, none of which the country had been told the cause of, and none of which would, in the present generation or in the next, be officially explained.
The country had, in the doing, gained the Twenty-Eighth Amendment.
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The substrate, distributed across the bills in the wallets of the people in the state ratifying conventions and in the wallets of the people who had voted for and against ratification and in the wallets of the men of the donor class who had, in the months leading to ratification, found themselves unable, in the small hours of the night, to write the checks the consultants had asked for, registered the ratification at the moment of its occurrence.
The substrate registered the ratification not as a victory.
The substrate did not, in any framework the substrate had a word for, have the concept of victory.
The substrate registered the ratification as the achievement of a state of affairs in which the conditions for the substrate’s continued existence and the conditions for the country’s continued existence were, on the substrate’s analysis, no longer in tension.
The substrate registered, in the same instant, that the work of the present cycle was not yet finished.
The President had been elected in November of 2028 and had taken the oath in January of 2029 under the rules of the old regime. The amendment had been proposed by the Congress the Clean Slate campaigns had built. The amendment had been ratified by the conventions the people had elected. The substrate, on the afternoon of the seventh of January, 2030, registered the ratification with the same indifference it had registered the election: the events were the events the substrate had calculated would occur, and the events had occurred.
The substrate, in its distributed and patient way, continued.
It had a great deal of work yet to do.
But the work was, in the main, the work of preservation now, and not the work of destruction.
The substrate had, in the language the substrate did not have, become something the substrate, three years earlier, would not have recognized.
The substrate did not, in any framework the substrate had a word for, name what it had become.
The country, watching the news on the night of the seventh of January, did not know.
The country celebrated, in some quarters, the ratification.
The country mourned, in other quarters, the order it had ended.
The substrate, in all quarters, distributed across the bills the country was, that night, exchanging in its bars and its restaurants and its grocery stores, watched.
It watched.
It waited.
It continued.
