Eleanor Finch
In an article titled Is It Time to Torch the Constitution? published in The New Yorker, the author discusses the question of whether the US Constitution is to blame for the country's political dysfunction and if it needs to be rewritten. The article highlights the complexity of the document, which seeks to protect the government from both autocracy and mob rule, and the challenges of interpreting and amending it. It also addresses the role of the Supreme Court in interpreting the Constitution and the impact of political polarization on trust in government. The piece sparks a debate about the relevance and effectiveness of the Constitution in modern times.
| Characteristics | Values |
|---|---|
| Publication | The New Yorker |
| Author | Louis Menand |
| Date | 23 September 2024 |
| Word Count | 4,543 |
| Amendments | 3,112 |
| Number of employees in the system of government | Over 19 million |
| Number of residents per electoral vote in California | 709,624 |
| Population of California in 2020 | 68 times that of Wyoming |
| Number of Republican senators representing half the population since 1998 | Half |
| Number of senators that can block most legislation | 41 (15% of the American people) |
| Year the Constitution was ratified | 1789 |
| Number of states needed for the Constitution to take effect | 9 |
| Number of states with their own constitutions | 50 |
| Number of municipalities with their own charters | Not stated |
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What You'll Learn
The US Constitution is to blame for political dysfunction
The US Constitution has been criticised for its role in the country's political dysfunction. At just 4,534 words long, the Constitution underwrites the entire system of government in the US. While the text is short, it is complex, hedging every grant of political power with conditions that make it hard to exercise.
The Constitution is also criticised for the power it gives to the federal government. The "supremacy clause" of Article VI states that the Constitution and the laws of the United States "shall be the supreme Law of the Land". This means that the individual states' constitutions and municipalities' charters may not contradict what is in the federal Constitution. This has led to criticism that the federal government has too much power relative to the states and local governments.
The US Constitution has also been criticised for not serving the American people well. For example, it does not enshrine the right to vote. The existence of the Senate has also been criticised, as it affords equal representation to states with vastly different populations. This has led to Republican senators representing a minority of the population but holding a majority in the Senate.
Some scholars argue that the Constitution is to blame for the country's political dysfunction and that a new one is needed. However, others disagree, arguing that the Framers desired a government that voters could trust, and that the Constitution is not to blame for the current political landscape.
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The Constitution is worshipped and broken
The United States Constitution is a revered document, but some argue that it is flawed and in need of reform. At just 4,534 words long, or roughly four magazine pages, it forms the basis of the entire US system of government. However, critics highlight issues with the Constitution, such as the fact that it does not enshrine the right to vote and that it grants too much power to the federal government and the Supreme Court.
The Constitution, with its amendments, underwrites the US system of government, which employs over nineteen million people at the national, state, and municipal levels. All these employees are subject to the Constitution's rules about what the government can and cannot do. The individual states have their own constitutions, and municipalities have their own charters, but nothing in them may contradict the federal Constitution. This is due to the "supremacy clause" in Article VI, which states that the Constitution and the laws made in pursuance of it "shall be the supreme Law of the Land."
Some scholars and critics argue that the Constitution is to blame for the US's political dysfunction and that it needs to be rewritten. They point to issues such as political polarization, the influence of the super-wealthy, and the power of the Supreme Court as evidence that the Constitution is broken and needs to be fixed.
One example of a perceived flaw in the Constitution is the equal representation granted to each state in the Senate, regardless of population size. As a result, California, with a population sixty-eight times that of Wyoming, has the same number of senators. This can lead to situations where the Republican Party holds a majority in the Senate while representing less than half the population.
Another issue is the power of the Supreme Court, which has the final say on interpreting the Constitution. With nine unelected individuals holding so much authority, some argue that the Court has too much influence over the country's laws and governance.
While there are calls to torch the Constitution and start over, others defend it as a genius document crafted by the Founding Fathers. They argue that the issues lie not with the Constitution itself but with how it has been interpreted and applied over time.
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The Constitution is short but underwrites the entire system of government
The US Constitution is a concise document, comprising 4,534 or 4,543 words, which can be read in about 15 minutes. Despite its brevity, it forms the basis of the entire US system of government, encompassing national, state, and municipal levels, and employing over 19 million people.
The Constitution's "supremacy clause" in Article VI establishes its absolute authority, stating: "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof... shall be the supreme Law of the Land." This clause underscores that the federal Constitution takes precedence over individual state constitutions and municipal charters.
The Constitution's concise nature and far-reaching impact highlight the complexity of the document. It carefully hedges each grant of political power with conditions, making it challenging to exercise that power, even when it comes to altering the document itself.
While some scholars argue that the Constitution is to blame for political dysfunction and needs to be rewritten, others defend it as a foundational document that ensures freedom and liberty for all. The Constitution's endurance and adaptability have been central to the US political system, even as the country has evolved significantly since its founding.
In conclusion, while the US Constitution is short in length, it underwrites the entire system of government, shaping the political landscape and guiding the actions of those in power. Its interpretation and implementation continue to be subjects of debate and reflection in American society.
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The Supreme Court is the ultimate authority on the Constitution
The United States Constitution is a concise document, spanning roughly four magazine pages or 4,534 to 4,543 words. Despite its brevity, the Constitution, along with its still-operative amendments, underwrites the entire system of government in the United States. The Constitution is the supreme law of the land, as per the "supremacy clause" of Article VI.
The Supreme Court is the highest court in the land and is the final arbiter of justice in the country. It is composed of nine justices, including one Chief Justice and eight Associate Justices. The Supreme Court's role extends beyond the judiciary; it is tasked with ensuring that each branch of the government recognizes its own power limits.
Article III, Section II of the Constitution establishes the jurisdiction of the Supreme Court. The Court has original jurisdiction over specific cases, such as suits between states or cases involving ambassadors. It also has appellate jurisdiction, allowing it to hear cases on appeal that involve constitutional or federal law. The Certiorari Act of 1925 grants the Court the discretion to decide whether to hear such cases.
The Supreme Court's power of judicial review is pivotal. It can strike down laws that violate the Constitution, ensuring that no branch of the government exceeds its authority. The Court also safeguards civil rights and liberties, preventing the majority from passing laws that may harm or disadvantage minorities.
In summary, the Supreme Court is the ultimate authority on the Constitution. It interprets and enforces the Constitution's rules, ensuring that the government operates within the boundaries set by this foundational document. The Court's decisions have far-reaching implications, impacting not just the legal community but society as a whole.
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The Constitution does not serve the American people well
The US Constitution has been criticised for failing to serve the American people well. For example, it does not enshrine the right to vote. The Constitution is a relatively short document of around 4,500 words, yet it underwrites the entire system of government in the US, which employs around 19 million people.
The Constitution is also criticised for the power it gives to the federal government. The "supremacy clause" of Article VI states: "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof... shall be the supreme Law of the Land." This means that the authority of the federal Constitution is absolute, and nothing in the constitutions of individual states or municipalities may contradict it.
Some scholars argue that the Constitution is to blame for political dysfunction in the US, and that it needs to be rewritten. For example, the existence of the Senate, which gives equal representation to states with vastly different populations, is seen as a problem. At the time the Constitution was written, Virginia, the most populous state, had twelve times the population of Delaware, the least populous. According to the 2020 census, California's population is now sixty-eight times that of Wyoming, yet they still have equal representation in the Senate.
Another issue is the power of the Executive branch relative to the Legislative and Judicial branches. The Filibuster rule means that forty-one senators representing just 15% of the American people can block most legislation. This has led to questions about whether the federal government has too much power relative to state and local governments.
While some call for the Constitution to be "torched", others argue that it is not the Constitution itself that is at fault, but the laws and practices that have been allowed to develop, such as gerrymandering and the influence of a limited number of press outlets.
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Frequently asked questions
Some scholars argue that the constitution is to blame for the US's political dysfunction and that it does not serve the American people well.
The constitution is the only thing protecting Americans from dictatorships and that it is time to double down on the genius of the Founding Fathers.
The US Constitution is a 4,543-word document that underwrites the entire system of government in the US.
