The Constitution: Torch Or Treasure?

is it time to torch the constitution the new yorker

In a world where political discourse is at an all-time low, with some calling for the torching of the Constitution, others are taking solace in the act of handwriting this very document. Morgan O'Hara, an artist, began this practice in 2017, and since then, thousands have followed suit, gathering at venues like the New York Public Library and Harvard's David Rockefeller Center to copy the Constitution by hand. This social art project offers a unique form of activism for introverts, providing a calming experience that deepens one's understanding of the nation's founding principles. However, the question remains: is it time to torch the Constitution, as suggested by Louis Menand in The New Yorker? With books like No Democracy Lasts Forever: How the Constitution Threatens the United States and debates about the concentration of power, the discussion around the Constitution's relevance is more heated than ever.

Characteristics Values
Title Is It Time to Torch the Constitution?
Author Louis Menand
Publication The New Yorker
Publication Date 2024
Word Count 4,534
Amendment Word Count 3,112

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The brevity of the US Constitution

The US Constitution is a concise document, comprising 4,534 words or roughly four magazine pages. This word count increases to 7,591 when considering the inclusion of all twenty-seven amendments, adding another 3,112 words to the original text. Despite its brevity, the Constitution serves as the foundation of the US system of government, guiding the actions of over nineteen million employees across national, state, and municipal levels.

The Constitution's concise nature stands in contrast to the extensive federal regulations that have emerged over time, with 104.6 million words in federal regulations as of 2016. The document's short length has also led to debates about its interpretation and potential limitations. For instance, the middle-school teacher participating in the social art project at the Old Stone House in Brooklyn commented on the irony that the Constitution's shortest article, pertaining to the judicial branch, is the least understood yet may be the most critical for addressing current challenges.

The US Constitution's brevity has also been a topic of discussion in the context of "Constitution worship," with some arguing that the document may not adequately address modern complexities. For example, Erwin Chemerinsky, dean of the law school at the University of California, Berkeley, published a book titled "No Democracy Lasts Forever: How the Constitution Threatens the United States." Similarly, Ryan Doerfler of Harvard and Samuel Moyn of Yale argued in 2022 that the Constitution is "broken and needs to be reclaimed."

Despite these criticisms, others defend the Constitution's enduring significance, such as Teddy Rmble's comment, "It is time, however, to double down on the GENIUS of the Founding Fathers, and Bring Back America from the brink of annihilation." The Constitution's concise nature has also been a source of comfort and deeper understanding for individuals like Morgan O'Hara, who found handwriting the document a "calming experience" that allowed her to better comprehend its structure and the separation of powers between the executive, judiciary, and legislative branches.

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The size of the government

The United States Constitution is a concise document, consisting of 4,534 words, or approximately four magazine pages. However, this brief text, along with its still-operative amendments, which add another 3,112 words, forms the foundation of the country's entire system of government. This system employs a vast number of people at the national, state, and municipal levels, amounting to over nineteen million employees who represent "the state" and are subject to the Constitution's rules regarding the powers and limitations of the government.

The size and scope of the US government, as outlined in the Constitution, have been a subject of debate, with some arguing that the federal government has too much power relative to the states and local governments. This debate extends to the balance of power between the different branches of government, including the executive, legislative, and judicial branches.

The Constitution, with its amendments, aims to define the roles and responsibilities of the government, ensuring a balance of powers and protecting the rights of the people. However, critics argue that the document may not adequately reflect the changing demographics and needs of the country. For example, at the time the Constitution was written, Virginia, the most populous state, had only twelve times the population of Delaware, the least populous state. In contrast, according to the 2020 census, California's population is now sixty-eight times that of Wyoming, yet these states have equal representation in the Senate.

The electoral college system, as outlined in the Constitution, has also been questioned for its potential to create disparities in representation. For instance, California has 709,624 residents for each electoral vote, leading to discussions about whether the system requires reform to better represent the modern American population.

In conclusion, while the US Constitution provides a framework for governance, the size and scope of the government, and the balance of power between its branches and the states, continue to be topics of discussion and potential areas for reform.

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The Constitution as the enemy of the majority

The US Constitution is a concise document, totalling 4,543 words, or 7,591 words if all twenty-seven amendments are included. Despite its brevity, it forms the basis of the entire system of government in the United States. The federal Constitution takes precedence over individual state constitutions and municipal charters, as outlined in the "supremacy clause" of Article VI.

However, critics argue that the Constitution is broken and needs to be reclaimed. They point to the unequal representation in the Senate, where California, the most populous state, has the same number of senators as Wyoming, despite having sixty-eight times the population. This disparity is further exacerbated by the filibuster rule, which allows a minority of senators to block most legislation.

The electoral college is another area of contention, as it gives each state two electoral votes, resulting in a disproportionate representation of less populous states. The Constitution's apportionment of "Representatives and direct Taxes" also includes a controversial clause about "Indians not taxed, three-fifths of all other Persons," which is problematic.

The argument that the Constitution is the enemy of the majority stems from the belief that it grants too much power to the federal government and the Executive branch, while limiting the power of state and local governments. This centralisation of power goes against the principles of republicanism and can lead to a disconnect between the government and the people.

While some call for torching the Constitution, others advocate for a Constitutional Convention to address these issues and create a new framework that better serves the needs of the modern United States.

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Federal government power

The United States Constitution is a concise document, consisting of 4,534 words, or roughly four magazine pages. This foundational text, along with its still-operative amendments, totalling 3,112 words, forms the basis of the country's entire system of government. The federal government employs over nineteen million people across national, state, and municipal levels, all of whom are subject to the Constitution's rules regarding governmental powers and limitations.

One of the concerns regarding federal government power relates to the balance between the Executive, Legislative, and Judicial branches. The question arises as to whether the Executive branch wields too much power relative to the other two branches. This is a complex issue that has been the subject of debate and analysis.

Another aspect of federal government power pertains to the representation of states in the Senate. At the time the Constitution was written, Virginia, the most populous state, had twelve times the population of Delaware, the least populous state. However, in the present day, California's population is sixty-eight times that of Wyoming, yet these states hold equal representation in the Senate. This disparity has led to situations where Republican senators represent a minority of the population but hold a majority in the Senate.

Additionally, the filibuster rule in the Senate allows a small number of senators representing a minority of the population to block most legislation. This has raised questions about whether the federal government's power adequately reflects the will of the majority.

Furthermore, the Electoral College system has also been a point of contention. For example, California has 709,624 residents for each electoral vote, highlighting significant discrepancies in the weight of individual votes across different states.

These mathematical anomalies and disparities in representation have sparked discussions about the balance of power between the federal government and the states. Some critics argue that the federal government may have too much power relative to state and local governments, while others contend that certain branches or states wield disproportionate influence. These debates reflect the complexities and evolving nature of federal government power as interpreted through the lens of the Constitution.

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The Executive branch's power

The U.S. Constitution is a concise document of 4,543 words, or 7,591 words if all twenty-seven amendments are included. Despite its brevity, the Constitution underwrites the entire system of government in the United States.

The Constitution has come under scrutiny for its allocation of power to the Executive branch relative to the Legislative and Judicial branches. The Executive branch's power is a central concern in discussions about the balance of power between different levels of government.

The structure of the government, with the executive branch positioned between the judiciary and the legislature, is intended to provide checks and balances on power. However, the specific dynamics of this power balance are not explicitly stated in the article.

The Senate's representation dynamics also contribute to the complexity of power distribution. At the time the Constitution was written, Virginia, the most populous state, had twelve times the population of Delaware, the least populous state. Today, California's population is sixty-eight times that of Wyoming, yet they hold equal representation in the Senate. This discrepancy has allowed Republican senators to hold the majority without representing half of the population.

Frequently asked questions

The article discusses the criticisms and shortcomings of the United States Constitution, questioning whether it is time to re-evaluate and potentially rewrite it.

The article was written by Louis Menand, a Professor of English at Harvard, and published in the New Yorker.

The article mentions the issue of representation in the Senate, the power dynamics between different branches and levels of government, and the question of "Constitution worship".

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