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Thursday, December 06, 2007

AlterNet: Six Necessary Changes to Our Constitution

One of the things strict constructionists misunderstand about the US Constitution is that the founders and authors of that document intended it to be a living and breathing creature, one that would change as needed to represent the values of the soon-to-be rapidly expanding population.

To a certain extent it has. We have added amendments as needed, but we have only once removed an amendment that was no longer working or just plain wrong in the first place (prohibition).

Larry Sabato, writing at AlterNet has some other ideas on ways we need to change the Constitution.

From the separation of powers to the Bill of Rights, the United States Constitution remains brilliant in its overall composition. Since 1787, however, we have seen tremendous growth in our technologies, economy, population and military strength. Our founding document no longer addresses the complicated issues that affect our government and our citizens. If we really want to make progress and achieve greater fairness as a society, it is time for elemental change. And we should start by looking at the Constitution, with the goal of holding a new Constitutional Convention.

Sound radical? If so, then the founders were radicals. They would be amazed and disappointed that after 220 years, the inheritors of their Constitution had not tried to adapt to new developments that the founders could never have anticipated in Philadelphia in 1787.

James Madison, George Washington, George Mason and Thomas Jefferson all insisted that the Constitution should be updated by future generations. Those sentiments were best expressed by Jefferson, who wrote to Madison that "no society can make a perpetual Constitution. ... The Earth belongs always to the living generation. ... Every Constitution ... naturally expires at the end of 19 years" (the length of a generation in Jefferson's time).

Among the 23 proposals for Constitutional reform suggested in my new book, A More Perfect Constitution, here are six to start the debate.


Here are the six changes he'd like to see -- you'll have to go to the site to read his reasoning.

* Restoring the war powers balance.
* Creating a more representative Senate.
* Transforming presidential elections.
* Ending second-class citizenship.
* Instituting Judiciary Term Limits.
* Universal National Service Requirement.

These are interesting propositions -- many of them seem to appeal to both sides of the political aisle. But I have no doubt that these will never happen.


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