Malcolm Rivera
The constitution is a governing document that expresses the social contract between the state and its people. Most modern nation-states have adopted constitutions, with a few democratic countries like the United Kingdom, New Zealand, and Israel being exceptions. While the constitution is meant to provide stability and order, there have been instances where it has been broken or interpreted in ways that may be seen as ruining its original intent. This can be seen in constitutional crises, where normal rules are thrown into disarray, and the mechanisms of governance begin to disintegrate. For example, the Trump administration was accused of violating the Constitution and laws, with actions such as attempting to end birthright citizenship and defying court orders. The US Constitution has also been criticised for its treatment of race, exclusion of marginalised groups, and preservation of slavery. Some argue that it has baked-in flaws and contradictions, leading to a crisis of interpretation and implementation.
| Characteristics | Values |
|---|---|
| The US Constitution is broken | Baked-in flaws |
| Represents a great compromise | |
| Changing beliefs, values, and technology | |
| Politicians have ruined it | President Trump violated the law and undermined the Constitution |
| Pardoning violent criminals | |
| Stealing funds from programs that help Americans | |
| Firing public servants | |
| Violating the Impoundment Control Act of 1974 | |
| Violating federal law on the use of troops on American soil | |
| Lincoln expanded his executive powers to the point of "dictatorship" | |
| Failure to commit to Black suffrage | |
| Compromise constitution was broken by Stephen Douglas, Roger Taney, and James Buchanan |
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What You'll Learn
The US Constitution is flawed
The US Constitution is considered flawed by many, with some arguing that it is “broken" in one respect or another. This view holds that the Constitution contains inherent flaws, which have been exacerbated by the actions of politicians, particularly in more recent times.
One of the key criticisms of the US Constitution is its failure to adequately protect against political minority rule. Due to the way senators are elected, there is a risk that a small, less heterogeneous political minority could gain control, undermining the country's commitment to pluralistic representative democracy. This issue is a result of the Constitution's representation of a compromise between slave-holding and non-slave-holding states, which has been criticised as a failed constitution that enabled slavery and compromised state sovereignty.
The US Constitution is also criticised for its lack of adaptability to changing conditions. As beliefs, values, and technology evolve, tension arises between the original intentions of the Constitution and the future conditions under which it operates. This has led to a disconnect between the Constitution and the needs of a modern society, with some arguing that it requires reform to better reflect contemporary values.
Furthermore, the actions of politicians have been seen to undermine the Constitution. For example, President Trump has been accused of violating the law and attacking the rule of law, with his administration's actions described as "a concerted attack on the rule of law". Trump's use of executive orders, pardoning of violent criminals, and refusal to spend funds allocated by Congress have all been criticised as unconstitutional.
In conclusion, while the US Constitution has been praised for its commitment to ideals such as liberty and equality, it is also recognised as having inherent flaws. These flaws, combined with the actions of politicians, have led many to view the Constitution as "broken" and in need of repair to better serve the country's democratic ideals and evolving societal needs.
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Politicians have broken the law
While the US Constitution is seen by some as a "broken" document, it is politicians who have been responsible for breaking the law. From the highest office in the land to the lowest rungs of the political ladder, politicians have been convicted of a wide range of crimes.
President Trump, for example, has been accused of violating the law and undermining the Constitution. From his first day in office, he pardoned violent criminals and allegedly stole funds from programs designed to help Americans. He also fired career civil servants without cause, and dissolved federal agencies—actions that have been deemed illegal. Trump's administration has been accused of breaking the law on a daily basis.
Beyond Trump, there are numerous examples of politicians breaking the law. Lewis "Scooter" Libby, Chief of Staff to Vice President Dick Cheney, was convicted of perjury, obstruction of justice, and making false statements to investigators in the Plame Affair. He served 30 months in jail and was fined $250,000. Catalina Vasquez Villalpando, the 39th Treasurer of the United States, pleaded guilty to obstruction of justice and tax evasion, receiving a four-month prison sentence.
Bribery is another common crime among politicians. Robert E. Coughlin, Deputy Chief of Staff for the Criminal Division of the Department of Justice, pleaded guilty to accepting bribes. He was involved in the Jack Abramoff Indian lobbying scandal. Similarly, Melvyn Paisley, Assistant Secretary of the Navy, accepted bribes and served four years in prison.
Other politicians have been convicted of financial corruption, fraud, theft, and contempt of Congress. The list of crimes committed by politicians is extensive and spans across different levels of government. These actions not only break the law but also erode trust in the political system and undermine the very fabric of democracy that the Constitution aims to protect.
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The Constitution is open to interpretation
The United States Constitution is a foundational document that has endured for centuries, but its interpretation has always been a subject of debate. The Constitution is not a broken document, but its interpretation and application by politicians and the courts have evolved over time, sometimes in ways that diverge from the original intent. The flexibility of the Constitution lies in its broad language and principles, which allow for interpretation and adaptation to new circumstances.
The document was written in a different era, and the founders deliberately used broad language to ensure its longevity. For example, the First Amendment's guarantee of freedom of speech is not limited to specific forms of expression but is broadly applicable, allowing for new forms of communication, such as the internet, to be protected. Similarly, the Fourth Amendment's protection against unreasonable searches and seizures has been interpreted to include new technologies, such as GPS tracking.
However, this flexibility also leaves room for interpretation, and different political ideologies can result in varying interpretations of the same constitutional provision. For instance, the Commerce Clause, which gives Congress the power to regulate interstate commerce, has been interpreted broadly by some to justify an expansive federal government role in areas such as healthcare and environmental regulation. Others argue for a more limited interpretation, citing the Tenth Amendment's reservation of powers to the states or the people.
The interpretation of the Constitution is further complicated by the role of the Supreme Court, which has the final say on the document's meaning. The Court's decisions can shape policy and society for generations, and the appointment of justices has become a highly politicized process. While the Court is meant to interpret the law impartially, it is impossible to separate legal interpretation entirely from the justices' personal beliefs and values.
In conclusion, while the Constitution remains a robust and adaptable document, its interpretation is inherently subjective. Politicians and the courts play a crucial role in shaping its meaning, and their actions can either uphold or undermine the principles it enshrines. The ongoing debate over the Constitution's interpretation is a testament to its enduring importance and the challenges of governing a diverse and ever-changing nation. Ultimately, the health of our constitutional system depends on a robust and informed public discourse and a commitment to the shared values and principles it embodies.
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The Constitution is outdated
The Constitution is the world's longest surviving written charter of government. It has provided the United States with stability and a framework that still works today. However, it is also a document that is centuries old, written by flawed men in a pre-democratic era, and it is argued that it is outdated and no longer fit for purpose.
The Constitution was written for a much simpler agrarian society, with a small population of just four million, and a government that was not expected to do very much. The founders were concerned with avoiding "tyranny of the majority" and so purposely designed a complex system of government with a separation of powers and various veto points. This has resulted in a government that is not wired to solve national problems in the national interest, but rather a collection of legislators promoting their own political welfare through special-interest politics.
The world has changed at a rapid pace, with technological innovations and a globalized economy, and the problems faced by society are now far more complex. The Constitution has not kept up with these changes and is no longer effective in dealing with modern issues. For example, the filibuster rule in the Senate means that 60 votes are needed to pass legislation, making it harder to govern than in peer democracies.
The Constitution has also been stretched, manipulated, and even disregarded by Presidents, legislators, and courts. This has resulted in a full-blown constitutional crisis, with the normal rules of the system being broken and the basic premises of America's governing institutions under threat.
It is clear that the Constitution is outdated and in need of reform. Small, low-risk constitutional changes could be made to create a more effective government that is better equipped to deal with the challenges of the modern world.
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The Constitution is under threat
The United States Constitution is a governing document that expresses the social contract between the state and its people. However, it is not without its flaws, and there is a constant tension between the conditions that existed when it was adopted and the future conditions under which it operates, due to changing beliefs, values, and technology.
Some argue that the US Constitution is \"broken\" in some respect, with flaws emanating from Supreme Court decisions, the weaknesses of elected officials, and the document itself. For example, during President Trump's tenure, he was accused of undermining the Constitution and violating the law by illegally pardoning criminals, stealing funds from programs that help Americans, and firing career civil servants without cause. Trump also attempted to end birthright citizenship, which a federal judge blocked, deeming it "blatantly unconstitutional".
The Constitution has also faced threats throughout history, including during the Civil War, which some scholars argue was \"the very definition of a failed constitution." The compromise constitution was broken by key political actors, including Stephen Douglas, Roger Taney, and James Buchanan, leading to a new constitutional regime under Lincoln, committed to liberty and equality, and the abolition of slavery.
Despite these challenges, the US Constitution remains resilient, and efforts are made to protect and uphold it. Constitutional law professors, political pundits, and organizations like the Brennan Center for Justice actively engage in discussions and analyses of constitutional issues, working to hold politicians accountable and ensure the document's integrity.
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Frequently asked questions
Many believe that the US Constitution is "broken" in some respect, with inherent contradictions and baked-in flaws. However, it has endured and evolved over the last 234 years, and some believe that it can be improved through amendments.
There have been several instances where the US Constitution has been broken or violated. For example, during his tenure, former President Trump violated the Constitution by attempting to end birthright citizenship and defying court orders. Additionally, Congress' power of the purse has been usurped, and the requirement for Senate confirmation has been made irrelevant.
While politicians have stretched, manipulated, and even disregarded constitutional rules, it is difficult to say that they have single-handedly ruined the Constitution. However, their actions can contribute to a constitutional crisis, as seen in the examples of the 1966 Sarawak constitutional crisis and the 2020 Malaysian constitutional crisis, where politicians' actions led to the removal of key figures and amendments to the Constitution.
