Malcolm Rivera
The American Constitution, for all its merits, has been criticised for its inability to accommodate minority interests and adapt to the challenges of modern times. The Constitution's design has been blamed for Congress's failure to craft effective policy solutions, with legislators tied to local jurisdictions and special interests rather than addressing national issues. The Constitution's rigidity and reverence make amendments challenging, hindering efforts to create a more equal, inclusive, and just society. These factors contribute to the perception that improvements made by American constitutions are insufficient, prompting calls for more significant reforms to enhance democratic procedures and outcomes.
| Characteristics | Values |
|---|---|
| Inability to accommodate minority interests | Majority faction dictating rules for their needs |
| Polarization | Ineffective policymaking |
| Outdated architecture | Inability to adapt to modern challenges |
| Rigidity | Difficulty in amending |
| Constitutional veneration | Resistance to change |
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What You'll Learn
The US Constitution is difficult to amend
The United States Constitution is widely regarded as one of the most rigid and difficult constitutions to amend. The Constitution has been amended only 27 times since it was drafted in 1787, with the last ratified amendment being the 27th Amendment in 1992.
The process of amending the Constitution is intentionally challenging and time-consuming. According to Article V, an amendment must be proposed either by Congress with a two-thirds majority vote in both the House of Representatives and the Senate or by a constitutional convention called for by two-thirds of the state legislatures. A proposed amendment then needs to be ratified by legislatures or conventions in three-fourths of the states (38 out of 50 states) to become part of the Constitution. This two-step process, requiring supermajorities at both the proposal and ratification stages, makes it extremely difficult to implement changes to the Constitution.
The complexity of the amendment process has resulted in a low success rate for proposed amendments. Out of 11,848 measures introduced to amend the Constitution from 1789 through January 3, 2019, only 27 amendments have been successfully ratified. This equates to a success rate of approximately 0.23%. The low probability of success is further exacerbated by hyper-partisanship at both the federal and state levels, making it challenging to secure the required supermajorities.
The difficulty in amending the Constitution has led to concerns about its ability to address modern challenges effectively. While the Constitution was designed to endure, the world has changed significantly since its drafting in 1787. The rapid pace of technological innovation, globalization, and emerging issues such as terrorism, pollution, inequality, and persistent poverty call for a more adaptable and responsive government. However, the Constitution's rigidity often results in a government ill-equipped to tackle these complex and dynamic problems, leading to ineffective policymaking and governance.
Despite the challenges, some argue that the difficulty of amending the Constitution is intentional and serves a crucial purpose. The framers of the Constitution intended it to be an "enduring" document, recognizing that it would need amendments to meet future challenges and crises. The amendment process was designed to be rigorous to ensure that any changes made would have a significant impact on all Americans or secure the rights of citizens. This deliberate approach helps prevent impulsive or politically motivated amendments, ensuring that any alterations to the Constitution are carefully considered and widely supported.
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Congress is ineffective at policymaking
Congress has never been capable of crafting effective policy responses to the nation's problems. Polarization has made a bad situation worse, but it is not the underlying cause of Congress's core inadequacies. These inadequacies are inherent to the institution and not of recent origin.
Congress's inability to make effective policy is evident in its failure to raise taxes on corporations or restore the individual mandate from the Affordable Care Act (ACA), even when Democrats had full control of Congress and the Presidency in 2020-2023. The last major non-budget bills passed by Congress were Dodd-Frank and ACA over 15 years ago.
The filibuster rule change is another factor contributing to Congress's ineffectiveness. The new rule incentivized polarization, which the GOP exploited and made a part of its identity. With the GOP dominating since Reagan, Congress has primarily reflected the desires of a party that believes the government should not work and that collaboration with the opposing party is akin to treason.
To improve government effectiveness, policymaking power should be shifted away from Congress and towards the president, who thinks in national terms about national issues and seeks durable solutions. A constitutional amendment that grants presidents universal "fast-track" authority is one way to achieve this.
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Polarization in Congress
Historically, polarization in Congress has been measured using roll-call votes, which assess how members of different parties vote on various issues. However, this approach has limitations as it may reflect more on the legislative agenda than on the ideological shifts of individual legislators. To address this, recent studies have utilized survey data to analyze the positions of congressional candidates over time, providing a clearer picture of polarization driven by adaptation or replacement.
The geographic and demographic makeup of congressional parties has changed significantly. Nearly half of House Republicans represent Southern states, while a similar proportion of House Democrats are from racial and ethnic minority backgrounds. This has contributed to the ideological divide between the parties, with both moving further away from the center since the 1970s. Today, there are only about two dozen moderate members of Congress, compared to over 160 in 1971-72.
The increasing polarization among those running for office is a critical factor in the rise of legislative division. As running for office becomes more expensive and less appealing, moderates are less inclined to run, leaving more extreme candidates. States that have increased legislator salaries have seen more moderates run and a decrease in polarization. Campaign finance reform and subsidizing moderate candidates' campaigns could also help reduce polarization.
Overall, the polarization in Congress is a complex issue with deep roots. It is driven by a variety of factors, including ideological shifts, legislative agendas, and the changing demographic makeup of congressional parties. Addressing polarization will require a multi-faceted approach that makes the role of legislator more appealing to moderate citizens and encourages the representation of a wider range of ideological perspectives.
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The Constitution does not accommodate minority interests
The United States was designed to operate under a majoritarian form of government, with the will of the majority prevailing, but also with safeguards to protect the rights of minority populations. This principle is encapsulated in a quote from the Constitution's author, James Madison, who emphasised that "no other rule exists... but the will of the majority; but it is also true that the majority may trespass on the rights of the minority."
However, critics argue that the American Constitution does not adequately accommodate minority interests. This is because the majority can still pass laws that oppress minorities, and the Constitution does not always effectively prevent this from happening. For example, the Fourteenth Amendment, passed after the Civil War, was meant to protect minority rights and ensure that the law protected all American citizens equally. Yet, despite this, segregation and discriminatory practices against minorities persisted for many decades after the Amendment's ratification.
In addition, the American political system is vulnerable to manipulation by a minority group, which can lead to undemocratic outcomes. This can occur through gerrymandering, the creation of electoral practices that dilute minority voting strength, and the manipulation of antiquated political institutions. For instance, in the case of Washington v. California, the Court held that a Washington measure that imposed more severe burdens on those seeking a policy for busing and desegregation was unconstitutional as it expressly targeted and negatively impacted a minority group.
Furthermore, while the Constitution guarantees certain rights that cannot be taken away by the majority, such as freedom of speech and the right to vote, it does not explicitly address the protection of minority interests beyond this. The tension between majority rule and minority rights is an ongoing challenge in American democracy, and it is a difficult task for public officials to decide when to curtail the rule of the majority to protect minority rights and vice versa.
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The Constitution is outdated
The United States Constitution, which came into force in 1789, is widely regarded as outdated and inadequate for addressing the country's contemporary issues. Its design has been criticised for contributing to governmental dysfunction, particularly in Congress, which is seen as an ineffective policymaker. The Constitution's wiring incentivises legislators to prioritise their local jurisdictions and special interests over national problems, resulting in immobilisation and an inability to take effective action. This has led to criticism that the Constitution is ill-suited to modern times, with calls for small, low-risk constitutional changes to improve governance.
The Constitution's rigidity and resistance to amendment have been a significant cause for concern. Despite numerous proposals for amendments to make the Constitution more equal, inclusive, and just, the majority have failed to gain traction. This has been attributed to Americans' reverence for the Constitution, with any amendments seen as undermining its integrity and that of its authors. As a result, much-needed reforms are off the table, hindering the improvement of democratic procedures and outcomes.
Furthermore, the Constitution has been criticised for failing to accommodate minority interests. The majority faction dictates the rules, neglecting the differing needs of minority groups, leading to continuous complaints and dissatisfaction. This dynamic contributes to the perception that the Constitution is outdated and requires amendment to better serve the diverse interests of all Americans.
The challenges of amending the Constitution extend beyond text-based rules, underscoring the complexity of the issue. The Constitution's exceptional durability has consequences for American democracy, as it prevents the implementation of reforms deemed necessary by many. This rigidity has been described as alarming rather than commendable, underscoring the need for a more adaptable Constitution capable of addressing modern challenges.
In conclusion, the American Constitution is criticised as outdated due to its inadequate governance structure, resistance to amendment, failure to accommodate minority interests, and overall rigidity. These shortcomings have prompted calls for constitutional reform to enhance its relevance and effectiveness in addressing contemporary issues.
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Frequently asked questions
The American Constitution is difficult to amend, with some claiming it is the world's most difficult constitution to amend. This rigidity is cause for concern as it is outdated and ill-suited to modern times.
The American Constitution is unable to address modern challenges such as terrorism, pollution, inequality, and a broken immigration system.
Some suggest small, low-risk constitutional changes that have big pay-offs. Others advocate for shifting policymaking power away from Congress and towards the President, who is more likely to seek durable solutions to national problems.
