Levinson's Critique: Undemocratic Constitution

In his book, Our Undemocratic Constitution, Sanford Levinson argues that the American Constitution is fundamentally undemocratic and that a new constitutional convention is necessary to bring forward a better charter. He challenges the American people to undertake a public discussion on how they might reform this document and construct a constitution that aligns with their democratic values. Levinson highlights that the Constitution often places in the White House candidates who did not receive a majority of the popular vote, and gives smaller states the same number of votes as more populous states. He also criticizes the power of the President to overrule both houses of Congress and the difficulty of amending or updating the Constitution.

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The constitution places candidates in the White House who did not receive a majority vote

In his book, *Our Undemocratic Constitution: Where the Constitution Goes Wrong (And How We the People Can Correct It)*, Sanford V. Levinson, a professor at the University of Texas Law School, argues that the American Constitution is fundamentally undemocratic. One of the reasons he gives for this claim is that the Constitution places candidates in the White House who did not receive a majority vote.

Levinson observes that several American presidents throughout history, including Harry Truman, John Kennedy, Richard Nixon, Bill Clinton, and George Bush, were elected without receiving a majority of the popular vote. This situation, according to Levinson, undermines democratic principles and raises questions about the legitimacy of the president's mandate.

The issue is further exacerbated by the fact that the American Constitution gives each state the same number of votes in the Senate, regardless of its population. For example, Wyoming and California have the same number of Senate votes, even though California's population is seventy times larger. This discrepancy can lead to a situation where a candidate wins the election without securing a majority of the popular vote, as the votes of smaller states can outweigh those of more populous states.

Levinson suggests that the current system allows incompetent presidents to be elected and makes it difficult to remove them from office. He also criticizes the power of the presidential veto, arguing that it gives too much power to a single individual and can be used to block legislation that the president disagrees with. This concentration of power in the executive branch, according to Levinson, is at odds with democratic ideals and can lead to ineffective and unjust governance.

To address these concerns, Levinson calls for a public discussion on constitutional reform. He challenges Americans to rethink their basic constitutional structures and consider adopting a new system of government that better aligns with their democratic values. By initiating a national conversation about the shortcomings of the current Constitution, Levinson hopes to promote self-government and create a more responsive and representative political system.

The President can overrule both houses of Congress

In his book, *Our Undemocratic Constitution: Where the Constitution Goes Wrong (And How We the People Can Correct It)*, Sanford Levinson argues that the American Constitution is undemocratic. He challenges the American people to undertake a public discussion on how they can reform the document and construct a constitution that aligns with their democratic values.

Levinson believes that the Constitution gives the President too much power to overrule both houses of Congress. The President can successfully stop legislation 95% of the time, and this ability to veto gives them an enormous amount of individual power. This is particularly problematic when considering that many American presidents have not received a majority of the popular vote. For example, Harry Truman, John Kennedy (1960), Richard Nixon (1968), Bill Clinton (both of his elections), and George Bush (2000) all assumed office without a majority of votes.

Levinson argues that the Constitution's original blueprint is inadequate for modern times. With a vastly increased population, the United States needs a system that better represents the needs and wants of its citizens. The current system, for instance, gives Wyoming—a state with a small population—the same number of votes as California, which has seventy times the population.

Levinson's work has been praised for its boldness and insight, prompting important discussions about the nature of the Constitution and the need for reform. However, some critics disagree with his interpretation and believe he has missed the point about the role of lawyers and lobbyists in state constitutions.

The US Constitution is difficult to amend or update

In his book, *Our Undemocratic Constitution: Where the Constitution Goes Wrong (And How We the People Can Correct It)*, Sanford Levinson argues that the US Constitution is difficult to amend or update. He believes that the Constitution is fundamentally undemocratic and requires significant changes.

Levinson highlights that the Constitution was drafted for a much smaller population than what exists in the United States today. He also points out that it gives each state equal representation in the Senate, regardless of population size. For example, Wyoming and California, which have vastly different populations, hold the same number of votes in the Senate. This discrepancy can lead to candidates winning elections without receiving a majority of the popular vote, which raises questions about the democratic nature of the Constitution.

Furthermore, Levinson criticizes the power of the President to overrule both houses of Congress on political grounds and the ability to successfully stop legislation the majority of the time. He argues that this concentration of power in the executive branch can be influenced by special interests and is contrary to democratic ideals.

Levinson also discusses the issue of Supreme Court judges holding lifetime appointments. The permanence of these positions can hinder the evolution of legal interpretation and create a lag in the justice system's ability to adapt to changing societal needs and values.

In his work, Levinson boldly challenges Americans to engage in a public discussion about reforming the Constitution to align better with democratic values. He encourages a critical examination of the founding document and the consideration of a new constitutional convention founded on democratic ideals.

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The Presidential veto gives too much power to one individual

In his book, *Our Undemocratic Constitution: Where the Constitution Goes Wrong (And How We the People Can Correct It)*, Sanford Levinson argues that the American Constitution is fundamentally undemocratic and that a new constitutional convention is necessary to bring forward a better charter. One of the reasons he gives for this argument is the fact that the Presidential veto gives too much power to one individual.

Levinson believes that the American President's ability to use the veto power is second only to the President of Cypress in terms of their ability to successfully stop legislation. According to Levinson, presidents can successfully stop legislation 95% of the time. This, he argues, gives the President too much power and violates 21st-century notions of democracy.

Levinson suggests that the ability to veto legislation is a major incentive for people to invest large sums of money in presidential races. The potential for a "huge return on [their] investment" if their preferred candidate wins and uses their veto power to block legislation is, according to Levinson, a major factor in the high cost of presidential campaigns.

Levinson's critique of the American Constitution is part of a broader argument that the document is in need of dramatic change. He challenges Americans to undertake a public discussion on how they might reform the Constitution to better reflect democratic values. He suggests that the Constitution's current provisions often promote unjust or ineffective government. For example, he notes that the Constitution regularly places in the White House candidates who did not receive a majority of the popular vote.

The US Constitution was drafted for a much smaller population

In his book, *Our Undemocratic Constitution: Where the Constitution Goes Wrong (And How We the People Can Correct It)*, Sanford Levinson argues that the US Constitution is fundamentally undemocratic. He believes that the document, drafted for a population a hundred times smaller than today, needs to be dramatically changed to align with the country's democratic values.

Levinson highlights that the Constitution regularly places in the White House candidates who did not receive a majority of the popular vote. This is due to the winner-takes-all nature of the Electoral College, which gives each state a certain number of electoral votes based on its number of representatives in Congress and senators. As a result, candidates can win the presidency without winning the popular vote, as seen in the 2000 election where George W. Bush became president despite Al Gore receiving more votes overall.

The Constitution also gives smaller states disproportionate representation in the Senate, with each state receiving two senators regardless of population size. For example, Wyoming has the same number of Senate votes as California, which has seventy times the population. This discrepancy can lead to legislation being passed that may not reflect the needs and wants of the majority of Americans.

Furthermore, Levinson criticizes the power of the presidential veto, which allows the president to overrule both houses of Congress on political grounds. This gives too much power to a single individual and can be used to block legislation that the president disagrees with. The difficulty of amending or updating the Constitution further complicates the issue, making it challenging to address these democratic shortcomings.

Levinson's work challenges Americans to engage in a public discussion about reforming the Constitution to better serve the democratic ideals of the country. He suggests abandoning the Framer's work and adopting a new system of government, one that is more responsive to the needs of a larger and more diverse population.

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