Our Constitution: Is It Being Manipulated?

The U.S. Constitution, signed on September 17, 1787, has been amended several times since its inception, with critics arguing that it was inherently flawed in preserving and propping up slavery, denying women and minorities their basic human rights, and excluding them from the definition of the people. The Constitution has been criticised for its role in colonialism, imperialism, and racial subordination, with some arguing that it is ill-suited to modern times and requires small, low-risk constitutional changes to improve governance. The process of amending the Constitution is challenging, but not impossible, as evidenced by the successful effort to make the Senate more democratic through constitutional amendment in the early 20th century.

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The US Constitution's history of racial discrimination

The US Constitution, signed on September 17, 1787, has been described as both "brilliant and highly flawed". While it articulates the fundamental equality of human beings and the notion that a government's power derives from the people, it also excluded non-white people, indigenous people, women, and other marginalised groups.

The original Constitution preserved and propped up slavery and provided for the return of people who had escaped from slavery. It also excluded non-property owners from the definition of "the people". Despite this, the Constitution has served as a foundation for civil liberties and has been amended over time to become more inclusive.

The 13th, 14th, and 15th Amendments, passed after the Civil War, abolished slavery, ensured due process and equal protection under the law, and guaranteed voting rights for Black men. The Civil Rights Act of 1964 outlawed discrimination based on race, colour, religion, sex, and national origin. It prohibited racial segregation in schools and public accommodations and employment discrimination. The Supreme Court has also played a role in interpreting and enforcing these rights, such as in the landmark case of Loving v. Virginia, where the Court ruled that laws prohibiting interracial marriages were unconstitutional.

Despite these amendments and interpretations, the Constitution's history of racial discrimination has led to ongoing debates about Critical Race Theory and the role that race and racial discrimination have played in the country's history. Understanding this history is crucial to comprehending the full context of the Constitution and its development.

In recent times, there have been concerns about a constitutional crisis during the Trump administration, where the president's defiance of court rulings and the rule of law has threatened the democratic principles enshrined in the Constitution.

Polarization and political dysfunction

The Trump administration's actions have been a significant source of concern for many, with AP News tracking nearly 180 lawsuits from states and national organizations challenging various executive orders on constitutional grounds. These orders address issues such as birthright citizenship, immigration, federal funding, and worker cuts. Additionally, Trump has been accused of defying judicial rulings, including a refusal to follow orders issued by federal judges and the US Supreme Court, and violating Congress' exclusive power to allocate government funds.

The role of Congress has also been questioned, with some arguing that it is ineffective and incapable of taking effective action on behalf of the nation. Congress's pathologies are rooted in the Constitution, which ensures that legislators are highly responsive to their local jurisdictions and special interests. As a result, Congress is wired to promote political welfare through special-interest politics rather than solve national problems in the national interest.

To address these issues, some have proposed constitutional amendments that grant presidents "fast-track" authority in policymaking, shifting power away from Congress. Others suggest moving Congress to the periphery of the policymaking process and placing presidents at the center, as their wiring propels them to be effective problem solvers, regardless of their political affiliation.

The current state of affairs highlights a critical juncture where the nation's constitutional principles and the rule of law are under threat, requiring support and commitment from all citizens to preserve their constitutional republic.

Trump's defiance of the courts

In just two weeks in office, Trump flagrantly broke the law and violated the Constitution on numerous occasions. In one instance, he issued an executive order purporting to end birthright citizenship, which a federal judge deemed "blatantly unconstitutional". He also fired fraud-finding inspectors general across the government without providing notice or a rationale to Congress.

Trump's rapid-fire and controversial moves have led historians and legal scholars to claim that he has shown a greater willingness than his predecessors to violate the Constitution and federal law. For example, he frozen trillions of dollars in federal spending, dismissed members of the National Labor Relations Board (NLRB) and the Equal Employment Opportunity Commission (EEOC), and misused the military for his own domestic political purposes. Laurence Tribe, a leading constitutional scholar, stated that Trump's actions were weakening the rule of law as well as respect for the law. Tribe also argued that Trump's repeated violations of the Constitution and acts of Congress "shred the whole thing".

Trump's confrontations with the courts are unique in their scale and fury compared to those of past presidents. While Trump complied with court orders during his first term, he often did so begrudgingly, and his administration's slow compliance with Supreme Court decisions has been viewed as a taste of what could follow. For example, in the case of Kilmar Ábrego García, a man who was wrongly deported to El Salvador, it took two months for the administration to follow the court's order to facilitate his return.

Trump has also openly challenged the authority of the judiciary. He referred to judges who have suspended presidential executive orders as "radical left lunatics". Statements by top Trump adviser Elon Musk and Vice President JD Vance have also raised concerns that the administration may ignore court rulings it opposes.

Trump's actions have led to calls for structural reform through legislation to address the institutional weaknesses of the coordinate branches and states. However, such calls for reform require a degree of congressional consensus that does not currently exist.

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The Constitution's role in modern times

The US Constitution, signed on September 17, 1787, is one of the most important documents in the nation's history. It articulates the idea of fundamental human equality and that the government's power flows from the people. However, it has also been criticised for preserving slavery and excluding women, non-white people, indigenous people, and non-property owners from the definition of "the people".

The Constitution has been amended several times, and while some believe these changes have improved it, others argue that it is still flawed and outdated. The Constitution has served as a foundation for civil liberties and has guaranteed rights to those it initially excluded. For example, the 13th, 14th, and 15th Amendments abolished slavery, ensured due process and equal protection under the law, and guaranteed voting rights for Black men.

In recent times, there have been concerns about a constitutional crisis, particularly during the Trump administration. There have been debates about the extent of government authority and the power of the Constitution, with some arguing that the administration's actions have threatened, undermined, or failed to resolve political conflicts. Additionally, there is criticism of Congress's inability to craft effective policy responses and its polarisation, which some believe is due to its structure as outlined in the Constitution.

To address these concerns, some suggest seeking small, low-risk constitutional changes that allow for more effective governance. Others emphasise the need for education about the government and systems that define US democracy. Ultimately, the Constitution's role in modern times is still evolving, and it continues to be a foundation for civil liberties and a guide for resolving political disagreements.

Amendments to the Constitution

The U.S. Constitution, signed on September 17, 1787, has been amended several times since its inception. Amendments to the Constitution are changes made to the document to improve it and address its flaws. The Constitution has been criticised for its inherent contradictions, such as preserving slavery while articulating the idea of fundamental human equality.

There have been 27 amendments to the Constitution, with approximately 11,848 proposals to amend it introduced in Congress since 1789. The first ten amendments, known as the Bill of Rights, were ratified on December 15, 1791. The process of amending the Constitution involves two steps: proposing and ratifying the amendment. An amendment can be proposed by Congress with a two-thirds majority in both the Senate and the House of Representatives, or by a national convention called by Congress on the application of two-thirds of state legislatures. To become part of the Constitution, an amendment must be ratified by three-fourths of the states.

Some notable amendments include the 13th, 14th, and 15th amendments, known as the Reconstruction Amendments, which abolished slavery, ensured due process and equal protection under the law, and guaranteed voting rights for Black men. The 14th Amendment was also invoked in Roe v. Wade to support a woman's right to privacy in abortion decisions. The 21st Amendment, ratified in 1933, repealed the 18th Amendment and ended prohibition.

The Constitution has served as a foundation for civil liberties, and its amendments have helped expand and protect individual rights. However, some critics argue that the Constitution is still flawed and needs further amendment to address issues of racial justice and equality.

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