Malcolm Rivera
The United States Constitution, drafted in 1789, has been deemed outdated by some scholars and politicians. The Constitution was designed for a simple agrarian society, and the founders were primarily concerned with preventing the tyranny of the majority. As a result, they created a complex system of government with separate branches and veto points, making it difficult to take coherent policy action. The Constitution has only been amended 27 times in 230 years, and critics argue that it needs to be updated to address modern challenges such as terrorism, pollution, inequality, and international competition. Some specific examples of outdated sections include the protection of the slave trade, the lack of term limits for Congressmen and Senators, and the original language only providing for male eligibility for holding office.
| Characteristics | Values |
|---|---|
| Designed for a simple agrarian society | 4 million people, 700,000 of whom were slaves, and 95% farmers |
| Not designed to solve national problems | Polarization and special interests dominate |
| Byzantine government structure | Separation of powers and veto points make coherent policy action difficult |
| Cobbled-together policies | Incoherent policies due to disparate interests |
| Inability to adapt to modern challenges | Terrorism, pollution, inequality, poverty, crumbling infrastructure, etc. |
| Odd clauses | Emoluments, soldier quartering, voting power, and federal favors |
| Contradiction of ideals | Codification of the slave trade for 20 years |
| Lack of term limits | Difficulty in passing amendments |
| Offensive language | Male-only officeholders |
| Regulatory power imbalance | Restraint on the commerce clause |
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What You'll Learn
The Constitution was designed for a different world
The US Constitution was drafted in 1789 for a world very different from our own. The founding fathers crafted a government for a small, largely agrarian society of just four million people, 95% of whom were farmers. The government was not expected to do much, and the founders were primarily concerned with avoiding the "tyranny of the majority". As such, they designed a complex system of government that separated authority across various branches and filled it with veto points to make coherent policy action difficult.
This structure of government has long been outdated and is ill-suited to modern times. Congress, at the center of the nation's dysfunction, is often immobilized and ineffective at taking action on behalf of the nation. This is due to legislators being highly responsive to special interests and local jurisdictions rather than the national interest. The polarization of politics has further exacerbated this issue, making it difficult for legislators with disparate interests to come together and craft effective policy.
The Constitution has also faced criticism for its outdated language and provisions. For example, the original language only provided for male eligibility for holding office, which has since been corrected by amendments but remains offensive to some. Additionally, certain clauses, such as those related to emoluments and soldier quartering, are seen as odd or unclear.
Furthermore, the cumbersome process of enacting amendments, requiring a two-thirds majority in both houses of Congress, makes it challenging to adapt the Constitution to modern times. While some argue that the Constitution does not need to be overhauled, others suggest seeking small, low-risk constitutional changes that can lead to more effective governance.
In conclusion, while the US Constitution has admirable qualities, it was designed for a different world, and its outdated structure has led to ineffective governance and challenges in addressing modern problems.
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Congress's inadequacies are baked into the Constitution
The United States Constitution, the oldest written constitution in the world, was drafted in a pre-democratic era. It has been amended very few times compared to other democracies. As a result, certain inadequacies in Congress are baked into the Constitution.
The founders crafted a government 225 years ago for a simple agrarian society of just four million people, 95% of whom were farmers. They purposely designed a complex government that couldn't do much, separating authority across the various branches of government and filling it with veto points that made coherent policy action challenging.
Congress has never been capable of crafting effective policy responses to the nation's problems. Polarization has exacerbated the situation, but it is not the root cause of Congress's core inadequacies. The Constitution ensures that legislators are tied to their local jurisdictions and highly responsive to special interests. Congress is not designed to solve national problems in the national interest. Instead, it allows legislators to promote their own political welfare through special-interest politics.
The Constitution's outdated language also weakens the feeling of belonging that a constitution should generate among a country's citizens. For example, it still counts a slave as "three-fifths" of a person, and refers to the president using only masculine pronouns, indicating that only men can be president.
Harvard government professors Steven Levitsky and Daniel Ziblatt argue that these antiquated institutions, including the Electoral College, have protected and enabled an increasingly extremist GOP. They warn that unless the United States reforms its democracy, it will remain in a fragile position where every national election is a national emergency.
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The Constitution codifies the slave trade
The Constitution of the United States was drafted in 1787, when slavery was a significant component of the country's economy and society. While the word "slave" does not appear in the Constitution, the document included several provisions that protected and perpetuated slavery. One of the most well-known is the Three-Fifths Clause, which counted three-fifths of a state's slave population when apportioning representation, giving the Southern states with a larger slave population extra representation in the House of Representatives and extra votes in the Electoral College.
The Constitution also included a 20-year ban on any restrictions on the Atlantic slave trade, which was enacted in exchange for southern delegates agreeing to remove a clause restricting the national government's power to enact laws requiring goods to be shipped on American vessels. This compromise was essential to the formation of the Union, but it was ultimately unsustainable and set the stage for the Civil War. During this 20-year period, popular support for the abolition of the slave trade and slavery itself grew both within the United States and internationally. The United Kingdom and other countries passed legislation restricting the slave trade, increasing pressure on the United States to curb the practice.
The "Importation of Persons Clause" in Article 1, Section 9, Clause 1 of the Constitution, which did not explicitly mention slaves, stated that Congress could not prohibit the "importation" of persons prior to 1808. This clause was set to expire in 1808, and in 1800, Congress passed an act that made it illegal for Americans to engage in the slave trade between nations and authorized the seizure of slave ships. The "Act Prohibiting the Importation of Slaves" took effect in 1808, imposing heavy penalties on international traders. However, it did not end slavery or the domestic sale of slaves, and the interstate sale of slaves within the United States persisted even after 1808.
The inclusion of these clauses in the Constitution reflects the complex and contentious nature of the issue of slavery during the nation's founding. While some members of the Constitutional Convention voiced objections to slavery, others defended it as essential to the economy and society. The framers of the Constitution ultimately chose to sidestep the issue, prioritizing the formation of a strong central government over the immediate abolition of slavery.
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The Constitution is difficult to amend
The US Constitution is a revered document, but it is not without its critics and perceived flaws. It is widely considered to be outdated and ill-suited to modern times, with an inherent structure that has led to ineffective governance. However, amending this important document is a challenging and cumbersome task.
The Constitution was crafted over 200 years ago for a much simpler agrarian society, and the world has changed at a rapid pace since then. The population of the United States has grown exponentially, and the country now faces complex issues such as terrorism, pollution, inequality, and global competition. The Constitution's design, which separates authority across different branches of government, has led to legislative gridlock and an inability to address these pressing issues effectively.
The process of amending the Constitution is intentionally difficult. It requires a two-thirds majority in both houses of Congress to propose amendments, and then ratification by three-fourths of the state legislatures or conventions. This high threshold has resulted in amendments being rarely passed—only 27 times in 230 years. While this was done to prevent frivolous changes, it has also hindered necessary reforms.
Some of the more controversial aspects of the Constitution that have been subject to calls for amendment include the original language specifying male eligibility for holding office, the filibuster rule in the Senate, and the lack of term limits for Congress members. Additionally, there have been concerns about the interpretation of certain clauses, such as the one regarding emoluments, which may grant the president unintended powers.
While some scholars and commentators advocate for a complete overhaul of the Constitution, others suggest that small, low-risk constitutional changes could be a more practical approach to improving governance without disrupting the foundation of the nation.
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The Constitution is a threat to democracy
The Constitution is a revered document, but it is not without its flaws. Some argue that it is a threat to democracy, and there are several reasons for this view. Firstly, the Constitution was designed for a different era, a much simpler time, with a primarily agrarian society of just four million people. The founders were concerned about avoiding the "tyranny of the majority", so they intentionally created a complex system of governance with power distributed across various branches, making coherent policy action challenging. This has resulted in a situation where Congress, at the centre of the nation's dysfunction, is often immobilized and ineffective at addressing the nation's problems.
The Constitution's structure, with legislators tied to their local jurisdictions and responsive to special interests, further hinders effective policymaking in the national interest. It allows parochial legislators to promote their political welfare through special-interest politics rather than addressing pressing societal issues. The document's original language, which only provided for male eligibility for holding office, is another example of outdated content that can be offensive to certain minority groups.
The cumbersome process of enacting amendments is also an issue. While the forefathers intentionally made it difficult to change the Constitution, this has resulted in a rigid system that struggles to adapt to modern challenges. The world has changed at a rapid pace, with technological advancements and a complex globalized economy, yet the government remains tied to a Constitution designed in 1789. This has led to a disconnect between the needs of society and the ability of the government to address them.
Additionally, certain clauses within the Constitution have been interpreted in ways that threaten democratic principles. For example, the interpretation of a clause regarding foreign government services has led to concerns about presidential power over the debt ceiling. The filibuster rule in the Senate, which requires 60 votes to pass legislation, can also hinder majority rule and allow past political minorities to dominate present-day majorities.
In conclusion, while the Constitution has admirable qualities, its outdated design and challenging amendment process can hinder effective governance and threaten democratic ideals. Small, low-risk constitutional changes are needed to adapt to the modern world and ensure a healthy democracy.
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Frequently asked questions
The US Constitution, drafted in 1789, has several sections that are now considered outdated. Some of these include:
- The original language only providing for male eligibility for holding office.
- The codification of the slave trade for the first 20 years.
- The filibuster, which requires 60 votes to pass legislation in the Senate, allowing political minorities to dominate majorities.
- The soldier quartering clause, which prevents soldiers from being housed with civilians.
- The emoluments clause, which is unclear and may be interpreted in various ways.
The US Constitution is considered outdated due to the rapid social, technological, and economic changes that have transformed American society since its drafting. The Constitution was designed for a simple agrarian society, and its structure of government is no longer suited to the complex problems facing the nation today, such as terrorism, pollution, inequality, and global competition.
An outdated constitution can pose a threat to core democratic principles and make it difficult for majorities to govern effectively. It can also lead to political instability, violent seizures of power, and the consolidation of authoritarian rule.
The US Constitution provides a process for proposing and enacting amendments. Amendments can be proposed by Congress with a two-thirds majority vote in both houses or by a convention called at the request of two-thirds of the state legislatures. Ratification requires approval from three-fourths of the state legislatures or conventions. However, amending the Constitution is intentionally difficult and has only occurred 27 times in 230 years.
There have been various proposed constitutional amendments over the years, including:
- Term limits for Congressmen and Senators.
- Abolition of the progressive income tax and the imposition of a flat tax.
- Direct presidential elections, which was supported by President Nixon and failed to pass in the Senate.
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