Jonah Patel
The constitution of a country is its founding document, and the world's longest surviving written charter of government is the U.S. Constitution. It is a sacred text that has guided and protected the country for more than two centuries. However, in recent times, there have been calls for a new constitution, with some arguing that the current one is dangerous. The main concerns are the fear of a runaway convention, where every clause is up for revision, and the polarization of America, which could lead to liberals and conservatives never agreeing on reforms. While some on the left want to discard the constitution, others argue that it is a chance to make institutions more democratic and that the dialogue is distinctly American.
| Characteristics | Values |
|---|---|
| Fear of a runaway convention | Concern that every clause, safeguard and protection in the Constitution would be fair game for revision |
| Polarization of America | Liberals and conservatives may never agree on any reforms to the Constitution |
| Lack of guidance on how to run a convention | Article V provides no guidance on how a convention should be run |
| Unfair representation at a convention | Each state having one vote would give a disproportionate advantage to states with small populations |
| Difficulty in organizing a convention | Requires 34 out of 50 state legislatures to summon a convention |
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What You'll Learn
The risk of a runaway convention
The risk of a "runaway convention" is a significant concern when discussing the introduction of a new constitution. This term refers to the possibility that a convention assembled to propose amendments to a constitution may exceed its intended scope and propose sweeping changes that were not initially intended or desired.
In the context of the United States Constitution, the risk of a runaway convention is often associated with Article V of the Constitution, which outlines one of two methods for proposing amendments. Article V states that if two-thirds of state legislatures (34 out of 50) apply, Congress shall call a convention for proposing amendments. However, there is no precedent for how such a convention would be run, and concerns arise as Article V provides no guidance on how delegates would be chosen or constrained, leaving open the possibility that a runaway convention could propose amendments that drastically alter the core framework of the Constitution.
The potential for a runaway convention is not merely hypothetical. Over the years, there have been several pro-convention campaigns, with the effort to add a federal balanced budget amendment gaining significant traction in the 1970s and 1980s, with 32 states calling for a convention at one point. However, concerns about a potential runaway convention led over a dozen states to rescind their support. Despite this, conservative interest groups have continued to advocate for an Article V convention, with the support of organizations like the American Legislative Exchange Council (ALEC).
To mitigate the risk of a runaway convention, some have suggested that Congress should enact a comprehensive set of procedures and rules to govern any potential convention well before it is assembled. This could include clarity on how delegates are chosen to ensure they represent the people, not just the interests of individual states. By putting these safeguards in place, the potential benefits of a convention, such as its prodding effect on Congress, could be realized without risking a runaway process that could threaten core constitutional principles.
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Polarization of liberals and conservatives
Polarization between liberals and conservatives in the United States has been growing over the past two decades. This polarization is evident in policy debates, election dynamics, and everyday life. The number of Americans with consistently conservative or liberal opinions has doubled from 10% to 21% in the past 20 years, with 92% of Republicans to the right of the median Democrat and 94% of Democrats to the left of the median Republican. Partisan animosity has also increased, with more Republicans than Democrats viewing the opposing party's policies as a threat to the nation's well-being.
This polarization is reflected in the differing views of liberals and conservatives on potential reforms to the US Constitution. While progressive drafters emphasize rights in their proposed constitutions, conservatives focus on federalism and state power. Conservatives generally defend the structures of constitutionalism and the preservation of the principles of the US Constitution, which they see as a guiding principle and an ideological foundation. They emphasize the conservative philosophy derived from the classical liberal tradition, which advocates for economic freedom and deregulation.
On the other hand, liberals also have to come to terms with the Constitution and how they interpret it reveals certain peculiarities of contemporary liberalism. Liberals may have differing views on the Constitution's principles and how they should be applied in the modern context.
The polarization between liberals and conservatives on constitutional issues is a significant obstacle to any potential reforms or changes to the US Constitution. It is unlikely that the two sides will be able to reach an agreement on any substantial changes, given their differing ideological foundations and priorities. This lack of agreement could lead to further political gridlock and division in the country.
In conclusion, the polarization of liberals and conservatives in the United States is a significant factor in the debate surrounding potential changes to the Constitution. The differing ideological perspectives and priorities of the two sides make it challenging to reach a consensus on constitutional reforms, contributing to the complexity of the political landscape.
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Lack of guidance on how to run a convention
Developing a new constitution often involves convening a constituent assembly or constitutional convention, bringing together representatives from across the political spectrum and society. The lack of established procedures and guidelines for conducting such a convention can create uncertainty and hinder progress. Without clear rules of procedure, the convention may struggle to reach consensus, leading to delays, discord, and even deadlock.
In a constitutional convention, the selection of delegates, the structure of debates, and the decision-making process are all critical aspects. Without guidance, there is a risk of disproportionate representation, with certain groups or ideologies dominating the proceedings. This can result in a constitution that favours specific interests over the needs and aspirations of the broader populace.
Additionally, the absence of guidelines can make the convention susceptible to external influences and manipulation. Powerful individuals or special interest groups may exert undue influence on the process, distorting the outcome to serve their agendas. A lack of transparency and accountability in the absence of established procedures can further exacerbate these issues.
Moreover, a convention without clear guidance may struggle with practical considerations, such as resource allocation, time management, and logistical challenges. This can hinder the efficiency of the process and lead to unnecessary delays, increasing the cost and prolonging the uncertainty during the constitution-making period.
To mitigate these risks, it is essential to establish a comprehensive framework for conducting a constitutional convention. This includes defining the scope and objectives, setting out rules of procedure, and outlining mechanisms for representation, participation, and decision-making. By providing clear guidance, the process becomes more focused, inclusive, and accountable, increasing the likelihood of a successful outcome that reflects the aspirations of the people.
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Difficulty in agreeing on delegates' representation
The dangers of introducing a new constitution are varied and complex. One of the key challenges is the difficulty in agreeing on delegates' representation. This was a significant issue during the drafting of the U.S. Constitution, the country's last constitutional convention in 1787, and it remains a concern today.
The political composition of Congress plays a crucial role in the delegate-selection process. The process can be further complicated by changes in the political makeup of state legislatures or Congress during or even before the convention commences. This raises questions about the authority of the new majority to recall and replace initial delegates.
Additionally, the degree of control exerted by state legislatures over selected delegates is uncertain. Congress could potentially override their efforts by issuing its own instructions, as delegates may be performing a federal rather than state responsibility. If delegates are considered federal officials, state legislatures may not be able to constrain their choices. Even if delegates are technically state officials, attempts by states to constrain their speech could raise First Amendment questions.
Another challenge is determining the rules for proposing amendments. It is unclear whether a supermajority of two-thirds of all delegates or two-thirds of all states would be required. There is also no clarity on whether state legislatures or Congress can limit the convention to specific topics or if the convention can propose any constitutional amendment or even replace the Constitution entirely.
The polarization of American politics further complicates the process. Liberals and conservatives may struggle to reach an agreement on any reforms to the Constitution. This is evident in the current political landscape, where progressive drafters emphasize rights, while conservatives focus on federalism and state power.
In conclusion, the difficulty in agreeing on delegates' representation presents a significant obstacle to introducing a new constitution. The complexities of the delegate-selection process, the uncertainty surrounding the degree of control exerted by states, and the polarization of American politics all contribute to the challenge of achieving consensus on constitutional reforms.
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The threat of destroying the constitution
The United States Constitution is the world's longest surviving written charter of government. It has served as a guide and protector of US citizens, elected officials, and the representative form of government for more than two centuries. It is considered by some to be the greatest political privilege ever accorded to the human race. The Constitution has inspired the systems of governments of many countries and oppressed people that yearn for freedom.
However, some critics have recently questioned the sanctity of the Constitution, asking whether it is outdated, dangerous, or even a threat to the United States. These critics include Jennifer Szalai of the New York Times, who claimed that "one of the biggest threats to America's politics might be the country's founding document." Some, like Szalai, argue that the Constitution is dangerous because it is so old—a document written in 1787 cannot possibly be applicable today.
Others argue that the Constitution is dangerous because it limits the power of politicians, academics, journalists, and activists. They say that the Constitution is under threat of being rewritten, ignored, or discarded by those who want to destroy it. There have been calls for a constitutional convention to make changes to the Constitution, including radically curtailing the size and scope of the federal government. These calls have come primarily from conservative activists, who have invoked Article V of the Constitution, which allows 34 of the 50 state legislatures to summon a convention for proposing changes.
The risks of an Article V convention have led to near-universal opposition on the left. Critics argue that it is a dangerous and uncontrollable process that puts Americans' constitutional rights up for grabs. There is concern that every clause, safeguard, and protection in the Constitution would be fair game for revision, and that liberals and conservatives would never agree on any reforms. However, some progressive scholars and reformers are questioning whether it is wise to take the convention option off the table completely, especially given the lack of progress in Congress on democracy reform.
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Frequently asked questions
Introducing a new constitution is dangerous because it puts the constitutional rights of citizens at risk. There is also a concern that a new constitution may not adequately represent the interests of the people and may be subject to the influence of special interests or political ideologies.
One of the biggest risks is the potential for a ""runaway convention", where there is no control over the scope of changes made to the constitution. This could lead to a wholesale rewriting of fundamental laws and the loss of important protections.
Progressive scholars and reformers have shown interest in the idea of introducing a new constitution as a way to make institutions more democratic and address social problems. On the other hand, conservative activists have also advocated for a new constitution to reduce the size and scope of the federal government.
