Isabella Carter
The world has changed significantly since the US Constitution was written in 1787, and some argue that it is no longer fit for purpose in the 21st century. The US Constitution has not undergone serious modification since 1971, when 18-year-olds were granted the right to vote. In its current form, the Constitution guarantees gridlock, and it is nearly impossible to change. The US Constitution is approximately 4,500 words long, and some legal scholars argue that it is full of holes and needs to be rewritten to reflect modern democratic theory.
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What You'll Learn
The US Constitution is outdated
The US Constitution is a framework for the US government, but it is outdated and no longer fit for purpose in the 21st century. It is a document rooted in the 18th century, and while some amendments have been made, it has not had serious modification since the 1970s when the voting age was lowered. The world has changed dramatically since 1787, and the US Constitution has not kept pace with these changes.
The US Constitution is too rigid and is virtually impossible to change. It is full of holes and is no longer suitable for modern democratic governance. It is a document that was designed from scratch, a remarkable achievement at the time, but it is now outdated. The world has moved on from the days of steam power and horse-drawn carriages, and the US Constitution should reflect the modern age.
The US Constitution does not adequately serve the needs of the diverse and dynamic nation that the US has become. The world has changed, and the US Constitution should reflect modern life, with its technology, scientific advancements, and social progress. The US Constitution is silent on many issues that are important today, such as cloning, cyber pornography, and nuclear weapons.
The US Constitution is also flawed in its structure. The Senate, for example, can be controlled by a minority, with each state having two senators regardless of population size. This means that a senator from a less populous state, such as North Dakota, has far more power than a senator from California, effectively disenfranchising millions of Californians. The electoral college system also means that a candidate can win with fewer popular votes.
A new constitution could address these issues and better represent the people. It could reflect the diversity of the nation and ensure more equal representation for all citizens. It could also include provisions for a more consensus-driven democracy, with a parliamentary system and elections by proportional representation.
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The Senate is undemocratic
The United States Senate is a legislative body that, since its inception, has been criticised for its undemocratic nature. The Senate was created as a compromise to get smaller states to agree to a powerful new national government, without fear of being dominated by larger states. However, this has resulted in a situation where a minority of senators can represent a significant proportion of the population, diluting the democratic principle of one-man, one-vote. For instance, the 7 million residents of Alaska, Delaware, Montana, North Dakota, Rhode Island, South Dakota, Vermont, and Wyoming elect 16 senators, while the 147 million Americans living in California, Florida, Illinois, New York, Ohio, Pennsylvania, and Texas elect only 14 senators.
The undemocratic nature of the Senate is further exacerbated by the filibuster, which allows 41 senators to defeat a cloture motion and prevent a bill from being voted on. This means that senators representing less than 12% of the population can block legislation that the majority wants. The filibuster is not mentioned in the Constitution and has been criticised as unconstitutional, with groups attempting to sue to have it declared as such.
Several solutions have been proposed to address the undemocratic nature of the Senate. One suggestion is to abolish the Senate altogether and have a single legislative body, the House of Representatives, that equally represents all Americans. Another proposal is to expand the Senate by adding more senators from new states like Washington D.C. and Puerto Rico, which would better reflect the country's political and demographic makeup. Alternatively, it has been suggested that the Senate be expanded to 110 seats, with one seat for each state and additional seats allocated according to population.
While the Senate's undemocratic nature is well-recognised, it is deeply entrenched in the US political system and cannot be easily changed. However, with growing concerns over legislative paralysis and the need for more equal representation, there may be a push for significant reforms or amendments to the Constitution to address these issues.
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The electoral college is outdated
The United States Constitution is a foundational document that outlines the rights and responsibilities of the government and the people. While it has been amended over time, some argue that it may be time to create a new constitution to address outdated provisions and better represent the diverse populace of the country. One of the most contentious issues is the Electoral College, a mechanism for electing the president and vice president that many believe is outdated and undemocratic.
The Electoral College is a body of electors who represent each state and cast votes to determine the president and vice president of the United States. This system was established by the founding fathers during the Constitutional Convention of 1787 as an alternative to direct election by the people or by Congress. While it was designed to balance the interests of small and large states, critics argue that it has become outdated and detrimental to democratic principles.
One of the primary criticisms of the Electoral College is that it gives disproportionate power to certain states, particularly "swing states," and undermines the principle of "one person, one vote." Due to the winner-take-all allocation of electoral votes in most states, a candidate can win the Electoral College without receiving the majority of the popular vote. This has occurred five times in US history, most recently in 2016. In such cases, the will of the majority of voters is not reflected in the election outcome.
Additionally, the Electoral College can lead to the disenfranchisement of voters in states that are overwhelmingly red or blue. In these states, the outcome is often predetermined, and voters' choices have less impact compared to those in swing states. This disparity in influence between states contradicts the democratic ideal of equal representation and can result in certain states being ignored by political campaigns.
The Electoral College also introduces a power imbalance between rural and urban states. Smaller states have a larger say in the Electoral College, which can amplify the voices of rural voters and diminish those of urban voters. This imbalance can be significant, as seen in the comparison between California and Wyoming, where a voter in Wyoming has almost four times the voting power of a California voter.
In conclusion, the Electoral College, while originally intended to balance state interests, has become outdated and detrimental to democratic principles. It gives disproportionate power to certain states, undermines the principle of "one person, one vote," and introduces disparities in representation between rural and urban states. As such, reforming or abolishing the Electoral College could be a crucial step towards creating a more inclusive and representative democratic process in the United States.
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The Constitution is hard to change
The US Constitution is a framework for the country's governance, and it is a document that has remained largely unchanged since its inception in 1787. While some amendments have been made, such as granting 18-year-olds the right to vote in 1971, the Constitution has not kept pace with the profound changes in American society. The world has evolved significantly since the 18th century, and the Constitution's inability to adapt to modern times has led to calls for a new one.
However, changing the Constitution is a challenging and complex process. Firstly, there is a lack of national will and risk aversion to embark on such an endeavour. Some people hold the Constitution with "sanctimonious reverence," considering it too sacred to be altered. This mindset hinders any momentum for constitutional reform.
Secondly, the Constitution's length and complexity make it a daunting task to revise. At approximately 4,500 words, it is a lengthy document, and the last significant modification was over five decades ago. The document's age and complexity contribute to the challenge of updating it.
Additionally, the current structure of the Senate, with each state having two senators, gives disproportionate power to senators from less populous states. This dynamic can lead to legislative stalemates and hinder efficient law-making. The Senate's structure, established in 1787, is another factor that complicates efforts to change the Constitution.
Moreover, the process of amending the Constitution is inherently difficult. While the Citizens' Assembly can propose amendments, these amendments must be approved by a majority vote in the House and the Senate and then ratified by three-fourths of the state legislatures. This multi-step process, designed to protect against hasty changes, makes it challenging to implement reforms.
In conclusion, while there are growing calls for a new Constitution to address the shortcomings of the current one, the challenges of initiating and implementing changes are significant. The Constitution's sanctity, complexity, and the intricate amendment process contribute to the difficulty of revising this foundational document.
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Other countries have done it
The United States Constitution, which came into force in 1787, has not undergone any serious modifications since 1971 when 18-year-olds got the vote. In the modern day, the Constitution is full of holes, guarantees gridlock, and is virtually impossible to change. University of Texas law professor Sanford Levinson argues that the Constitution "gets close to a failing grade in terms of 21st-century notions on democratic theory".
Other countries have successfully written new constitutions in recent years, including Canada, South Africa, and Chile. Canada, for example, has a parliamentary system that unifies the executive and legislative branches, providing a fail-safe mechanism to resolve budget impasses and other legislative stalemates. If a budget or other must-pass bill can't get passed, or a prime minister can't be chosen, then funding levels are placed on autopilot and new elections are called to resolve things. This system, which prioritises consensus over majoritarian democracy, may be more effective than the current US system, where the winner of the electoral college vote is often the candidate with fewer popular votes.
In addition to Canada, South Africa's new constitution is also worth noting. South Africa's constitution-building process has been hailed as a model for participatory democracy, with the country's post-apartheid constitution being celebrated for its strong protections of human rights and the rule of law.
Chile's new constitution, which is still in the drafting stage as of January 2023, is also worth mentioning. The process of drafting a new constitution in Chile has been marked by a strong emphasis on citizen participation, with a focus on ensuring that the final product reflects the diverse needs and aspirations of the Chilean people.
The experiences of these countries demonstrate that it is possible to successfully write new constitutions that are more reflective of modern democratic ideals and responsive to the needs of their citizens.
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Frequently asked questions
A new constitution would allow for a more efficient and inclusive process of law-making, with fewer stalemates and more equal representation of citizens. It would also be an opportunity to incorporate previously amended clauses into the body of the constitution, as well as address modern concerns such as cloning, cyber porn, and nuclear weapons.
A new constitution could mean that the House of Representatives is the single legislative body, removing the control of a handful of congressional leaders. It could also mean that the President serves a single, six-year term, with elections rescheduled to reduce political campaigning.
There is a risk that a new constitution may not be ratified if it fails to harmonize with the will of the people. It is also a large undertaking that may not be successful, and there is a chance that it could make things worse rather than better.
Canada, South Africa, and Chile have all successfully written new constitutions in recent years.
