Simone Lawson
Progressive constitutionalism is a response to the criticism that the existing Constitution is a document of negative rights, as opposed to positive entitlements. Progressives have long complained that the Constitution, ratified in 1788, was designed for an agrarian society of slaveholding white males. Progressive constitutionalism seeks to address this by strengthening democratic institutions and creating a more robust framework of rights and freedoms. This includes the right of Americans to vote in federal, state, and local elections, the elimination of the Electoral College, and the regulation of campaign expenditures to mitigate the disproportionate influence of wealthy individuals and organizations over elections. Progressive constitutionalism also seeks to address social issues and inequalities, such as women's suffrage, racial discrimination, and economic inequalities. While progressives aim to unleash government power to enact regulations and create social programs, they must also balance this with restraints to prevent the government from infringing on civil liberties.
| Characteristics | Values |
|---|---|
| Right to vote | Americans would have the right to vote in federal, state, and local elections, regardless of their carceral condition. |
| Voting rights | Residents of federal territories, including the District of Columbia, would have voting rights and rights of congressional representation. |
| Voter qualifications | Voter qualifications in federal elections would be uniform and established by Congress. |
| Congressional district lines | Nonpartisan commissions would draw congressional district lines to ensure that voters select officeholders. |
| Proportional representation | Congress would be allowed to experiment with forms of proportional representation or multimember districts. |
| Regulation of campaign expenditures | Regulation of campaign expenditures and contributions would be permissible to mitigate the disproportionate influence of wealthy individuals and organizations over elections. |
| Elimination of the Electoral College | The Electoral College would be eliminated and replaced with a national popular vote for President, conducted under ranked-choice voting. |
| Positive entitlements | While the draft specifies that government omissions may give rise to a constitutional violation, the focus is on strengthening democratic institutions to provide greater opportunities for people to speak on issues of entitlements. |
| Economic issues | The constitution would address economic issues, such as the generation of revenue and the impact of excessive democracy on the economy. |
| Freedom of religion | Freedom of thought, conscience, and religion would be guaranteed, with no one being coerced into adopting a particular religion or belief. |
| Equality | The constitution would aim to establish justice, ensure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty and equality for all. |
| Women's suffrage | Women's right to vote and increased representation in government would be included. |
| Progressive tax | A progressive tax on income would be implemented to address economic inequalities. |
| Criminal justice reform | The death penalty would be abolished, and women's reproductive rights would be defended. |
| Right to food, shelter, medical care, and education | These rights would be guaranteed to all Americans. |
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What You'll Learn
Voting rights for all
The progressive vision of the constitution also seeks to address serious flaws in American democracy, such as racial discrimination that undermines the equality of voting in many states. Progressives aim to strengthen democratic institutions to provide greater opportunities for people to speak on issues of rights and entitlements, working within the framework of federal and state governments, constitutions, and laws to create a more robust framework of rights and freedoms.
A progressive constitution would provide a general right for all Americans to vote in federal, state, and local elections, regardless of their carceral condition. This includes voting rights and congressional representation for residents of federal territories, such as the District of Columbia. Voter qualifications in federal elections would be uniform and established by Congress, ensuring that voters select officeholders, rather than the other way around.
Additionally, progressives advocate for the elimination of the Electoral College, replacing it with a national popular vote for President, conducted under ranked-choice voting. This would make it easier for candidates with broad support to win the presidency. Progressives also support the regulation of campaign expenditures and contributions to mitigate the disproportionate influence of wealthy individuals and organizations over elections.
The progressive movement has had a significant impact on expanding voting rights, particularly for women. While women could not vote in national elections until 1920, progressive reforms during the Progressive Era, such as the 19th Amendment, gave women the right to vote, marking a significant step towards universal suffrage.
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Eliminating the Electoral College
The progressive movement has had a fraught relationship with the US Constitution. Progressives have long complained that the Constitution, ratified in an agrarian society in 1788, was designed for slaveholding white males. They argue that the Constitution created sclerotic political institutions that are ill-equipped to meet the demands of a modern, global, and pluralistic society.
One of the key progressive criticisms of the Constitution is that it is a document of negative rights, as opposed to positive entitlements. While the progressive draft does specify that government omissions may give rise to a constitutional violation, it concludes that strengthening democratic institutions would provide greater opportunities for people to speak on the issue of entitlements. This approach is consistent with progressive constitutionalism's modest approach to rights, aiming to work within the federal and state governments, constitutions, and laws to create a more robust framework of rights and freedoms.
A progressive constitution would aim to eliminate the Electoral College, replacing it with a national popular vote for President. This vote would be conducted under ranked-choice voting, making it easier for candidates with broad support to win the presidency. This is because voters, rather than officeholders, should select officeholders. Additionally, progressive constitutionalism would require that congressional district lines be drawn by nonpartisan commissions, a model that has been successful in several states and countries worldwide. This approach would not preclude Congress from experimenting with forms of proportional representation or multimember districts, which are currently prohibited by federal statute.
The progressive movement has also sought to address social issues and inequalities, with four major changes taking the form of amendments to the US Constitution: the 16th through 19th Amendments, ratified between 1913 and 1920. The 16th Amendment changed the primary method of federal revenue generation, introducing a progressive tax on income. The 17th Amendment modified Article I, Section 3, allowing voters to cast direct votes for US senators. The 18th Amendment is the only constitutional amendment to be fully repealed. The 19th Amendment, ratified in 1920, gave women the right to vote in national elections.
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Regulation of campaign spending
A progressive constitution would regulate campaign expenditures and contributions to mitigate the disproportionate influence of wealthy individuals and organisations over elections. This would be permissible in a democracy, as it is in all others in the world. Such regulation would be carved out of the First Amendment's reach, provided it is reasonable and pursues a legitimate objective.
The regulation of campaign spending is a complex issue that requires a careful approach to balancing various progressive commitments. On the one hand, progressives seek to unleash government power to enact regulations that curb the influence of money in politics. On the other hand, they also aim to restrain the government from infringing on civil liberties, including free speech.
Historically, the progressive movement has played a significant role in addressing social issues and inequalities, particularly during the Progressive Era from the late 19th century to the early 20th century. This period saw the introduction of amendments to the US Constitution, such as the 16th Amendment, which changed the method of federal revenue generation from regressive tariffs to a progressive income tax.
The progressive vision for the constitution aims to address modern problems that the Founding Fathers could not have imagined. This includes interpreting the constitution as guaranteeing all Americans the right to food, shelter, medical care, and education, and addressing issues such as racial discrimination that undermines voting equality in many states.
To achieve these progressive goals, it is crucial to strengthen democratic institutions and create a robust framework of rights and freedoms within the federal and state governments. This approach aligns with the modest progressive approach to rights, which focuses on enhancing opportunities for people to speak on issues of entitlements.
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Freedom of religion
The progressive constitution ensures that everyone has the right to freedom of thought, conscience, and religion. This includes the freedom to hold or adopt a religion or belief of one's choice and to manifest one's religion or belief in worship, observance, practice, and teaching. Individuals cannot be coerced into adopting a particular religion or belief and are free to express their religious beliefs without fear of persecution or discrimination.
The progressive constitution also addresses the role of religion in public life. While it guarantees freedom of religion, it also ensures that religious institutions do not have undue influence over the state. This separation of church and state is crucial to maintaining a secular government that treats all citizens equally, regardless of their religious beliefs.
Furthermore, the progressive constitution promotes religious tolerance and mutual understanding. By guaranteeing freedom of religion, it encourages dialogue and respect among individuals of different faiths and beliefs. This fosters a more inclusive and diverse society, where people of various religious backgrounds can coexist peacefully and collaborate towards a common goal.
In addition, the progressive constitution may also address the role of religion in public education. It could ensure that religious instruction in schools is inclusive and unbiased, providing students with a broad understanding of various religious traditions and promoting critical thinking about religious and ethical questions.
Overall, the progressive constitution's approach to freedom of religion is characterized by its commitment to individual liberty, religious tolerance, and the separation of church and state. By guaranteeing these rights, the progressive constitution ensures that individuals can freely practice their faith while also promoting a more just and inclusive society.
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Equality and civil rights
The progressive vision for the US Constitution seeks to address serious flaws in American democracy, such as racial discrimination, and to secure equality and civil rights. This includes strengthening democratic institutions to provide greater opportunities for people to speak on issues of entitlements and creating a more robust framework of rights and freedoms.
A progressive constitution would provide a general right for all Americans to vote in federal, state, and local elections, regardless of their carceral condition. This includes voting rights and congressional representation for residents of federal territories, such as the District of Columbia, which would become a state. Voter qualifications in federal elections would be uniform and established by Congress. Congressional district lines would be drawn by nonpartisan commissions, a model already successful in several states and countries worldwide. This approach would not preclude Congress from experimenting with forms of proportional representation or multi-member districts, which are currently prohibited by federal statute.
Additionally, a progressive constitution would regulate campaign expenditures and contributions to mitigate the disproportionate influence of wealthy individuals and organizations over elections. It would also eliminate the Electoral College, replacing it with a national popular vote for President, conducted under ranked-choice voting.
The progressive movement has also been instrumental in advancing women's rights, including suffrage, and addressing social issues and inequalities. The 19th Amendment, ratified in 1920, gave women the right to vote in national elections, although some states had already allowed women to vote in their elections. The progressive era also saw the election of Jeannette Rankin, the first woman elected to the House of Representatives in 1917, before women gained the national right to vote.
Furthermore, a progressive constitution would aim to achieve equality and protect the rights of marginalized groups. This includes ensuring that no person's rights are denied or abridged by the United States or any state based on sex, sexual orientation, performance of sexual or gender identity, sexual preference, or pregnancy-related decisions.
In conclusion, the progressive vision for the US Constitution seeks to secure equality and civil rights by strengthening democratic institutions, promoting voting rights, addressing social inequalities, and protecting the rights of marginalized groups. These changes aim to create a more inclusive and just society that aligns with modern values and addresses flaws in American democracy.
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Frequently asked questions
The progressive features of the constitution include:
- The right of all persons in the United States, regardless of sex, sexual orientation, performance of sexual or gender identity, sexual preference, pregnancy, childbirth, and all attendant conditions, including the decision to become pregnant or terminate a pregnancy.
- Freedom of thought, conscience, and religion.
- The promotion of the progress of knowledge, art, science, and technology.
The progressive vision of the constitution is to address serious flaws in American democracy, such as racial discrimination that undermines equality of voting in many states. It also seeks to advance criminal justice reform, including ending the death penalty, and defending women's reproductive rights.
One criticism of the existing constitution is that it is a document of negative rights, rather than positive entitlements. Progressives have also criticised the constitution's structural limits on government power and its failure to protect the rights of women and racial minorities.
