Blame it on the Constitution?

[RandomGuy]

Yeah, I am going there.

http://news.yahoo.com/constitution-check-america-basic-document-made-american-politics-100204465.html

Constitutional law professor Sanford Levinson says our Constitution is badly in need of an overhaul. Lyle Denniston evaluates the need for more conversation—or maybe a national convention.

The statement at issue:


“Critics across the spectrum call the American political system dysfunctional, even pathological. What they don’t mention, though, is the role of the Constitution itself in generating the pathology. … Most contemporary Americans … have seemingly lost their capacity for thinking seriously about the extent to which the Constitution serves us well. Instead, the Constitution is enveloped in near religious veneration. … We are long overdue for a serious discussion about [the Constitution’s] own role in creating the depressed (and depressing) state of American politics.”


—University of Texas constitutional law professor Sanford Levinson, in an op-ed column May 29 in The New York Times, headlined;“Our Imbecilic Constitution: Why is our government so dysfunctional? Look back to 1787.”


We checked the Constitution, and…

A national constitution that has lasted 225 years, with only 27 formal amendments, very likely has done a fairly good job of making and maintaining a functional government. One does not have to hold the American Constitution in religious awe to believe that. The fact that it has survived multiple crises of governance—some of which no other system of government might have weathered—probably says a good deal about its workability.

But if one has followed the career of Professor Levinson, a creative but severe critic of the Constitution as presently written, one might be tempted to conclude that the need for reforming the basic document has never been more urgent.

Indeed, his just-published column in The New York Times is a very short version of his insistent call for what he himself calls “radical reform.” His arguments are laid out in full in two books: Our Undemocratic Constitution: Where the Constitution Goes Wrong (And How We the People Can Correct It), and, more recently, Framed: America’s 51 Constitutions and the Crisis of Governance.

The “crisis of governance,” for Levinson, is plain to see in contemporary America’s deeply polarized (and frequently gridlocked) political order. Indeed, the introduction to the book Framed is a chronicle of the recent breakdowns in that order.


if one has followed the career of Professor Levinson, a creative but severe critic of the Constitution as presently written, one might be tempted to conclude that the need for reforming the basic document has never been more urgent.

Indeed, his just-published column in The New York Times is a very short version of his insistent call for what he himself calls “radical reform.” His arguments are laid out in full in two books: Our Undemocratic Constitution: Where the Constitution Goes Wrong (And How We the People Can Correct It), and, more recently, Framed: America’s 51 Constitutions and the Crisis of Governance.

The “crisis of governance,” for Levinson, is plain to see in contemporary America’s deeply polarized (and frequently gridlocked) political order. Indeed, the introduction to the book Framed is a chronicle of the recent breakdowns in that order.

What is unique about Levinson’s scholarship, though, is that he traces most of the nation’s political ills to his view that the very structures created by the Constitution—and by many state constitutions, too—are the real source of dysfunctional government.



About Constitution Check
In a continuing series of posts, Lyle Denniston provides responses based on the Constitution and its history to public statements about its meaning and what duties it imposes or rights it protects.

http://blog.constitutioncenter.org/2012/05/constitution-check-has-america%e2%80%99s-basic-document-made-american-politics-much-worse/

FWIW.

I thinkt the time for a new convention is at hand. After 250 years, it would seem a minor update is needed. A re-boot if you will. Hell it worked for Battlestar Galactica...

[scott]

Dude are you fucking crazy? Have you seem the way our elected officials deal with simple shit?

[boutons_deux]

.

[boutons_deux]

No way the Constitution will be changed.

The political parties and govt have been completely captured by the 1% which will "conserve" its power and privilege indefinitely, esp when the Repugs are blatantly, openly dedicated to serving the 1%. The Repugs adore, misgovern by St Ronnie's "Govt Is The Problem" and are totally against govt and do everything they can to weaken and destroy govt at all levels.

[jack sommerset]

Politicians like Pelosi are to blame. "pass the bill then we can see what's in it" Using military planes to travel. Quit your job we'll pay for your health coverage, go find yourself. Making folks like buttons believe the GOP err 1 percent are to blame. My brother, the 1 percent are full of dems, FYI. So much more. Lots of blame to go around but the politicians like nancy are to blame. Let's us pray for them. God bless

[FuzzyLumpkins]

Filibuster needs to be removed, more representatives so we have a good shot at knowing the person we are voting for or who will be representing us, no mention of political parties is a travesty. Have the president nominate SCJ and have them up for popular vote. Clear delineation of equal protection between human beings, groups of human beings, and separate legal entities most especially if they are granted special privilege as for example with an LLC.

Things can change but people need to stop saying that things will never change and replace it with I want it to change. One gives up the other applies pressure. Don't give up.

[boutons_deux]

"believe the GOP err 1 percent are to blame"

What's your evidence that the centrist/progressive 1% fund a strategy like the VRWC 1% funds multi-decade projects such as ALEC, all the other VRWC stink tanks, US CoC, etc?

And you have any evidence, then explain why the centrist/progressive 1% has been so ineffective in stopping the VRWC 1% pillaging and looting the 99%?

The VRWC 1% has the country under its thumb and it won't let up (eg, now going after taxpayers' SocSecurity, and property taxes paid to public schools).

[ChumpDumper]

Politicians like Pelosi are to blame.
They are all like Pelosi, you idiot.

Ron bless.

[ChumpDumper]

if they change that fucking constitution then were all fucked, DON'T LET IT HAPPEN THIS IS OUR LAST STANDDDDDDDDDDDDDDDDDDDDWhat do you care? You're renouncing your citizenship.

[ChumpDumper]

fuck you, you shameless traitor to your countrymen. FUCK YOU!!!!!!Is that meltdown directed at me?

Why?

[CosmicCowboy]

Turn the US Capital into an annex of the Smithsonian. They all have local congressional offices. Make them keep office hours there and actually talk to their constituents instead of lobbyists and each other. Let them cyber commute to Washington. Put every vote they take in written form with a 200 word pro and con brief. Put these briefs and the congressmans vote online for everyone to see. Have a constituent comment section under every vote like they have under a lot of newspaper articles.

[Clipper Nation]

Here's an idea: instead of making a new Constitution, how about following the one we have?

[FuzzyLumpkins]

Here's an idea: instead of making a new Constitution, how about following the one we have?

Like how it allows for amendments? Article V. Read it.

[jack sommerset]

They are all like Pelosi, you idiot.

Ron bless.

I forgive you for this little meltdown, brother. I'm praying for you. God bless

[Yonivore]

Here's an idea: instead of making a new Constitution, how about following the one we have?
There is an amendment process for those who want to change it.

[ChumpDumper]

I forgive you for this little meltdown, brother. I'm praying for you. God blessDo not want or need.

Ron bless.

[Clipper Nation]

Like how it allows for amendments? Article V. Read it.
Yes, but what good would any more amendments do when our politicans can't be bothered to read or follow the stuff we already have in there?

[FuzzyLumpkins]

Yes, but what good would any more amendments do when our politicans can't be bothered to read or follow the stuff we already have in there?

You talking about the courts? Federalism?

The Supreme Court has been very literal about equal protection and free speech lately.

Interstate commerce is grey area and while you may not agree with the interpretation that does not mean that it comes from out of left field.

[mercos]

I disagree that we are in need of major constitutional changes. The problem is not the system of government, it is the people executing it. There is nothing that can be done about that. The biggest change that is needed is campaign financing. Money in politics is the biggest threat this country has ever faced.

[Wild Cobra]

I disagree that we are in need of major constitutional changes. The problem is not the system of government, it is the people executing it. There is nothing that can be done about that.
I agree.

Until we, as a nation, get our heads out of our asses... I think any change will make things worse. Our current national mindset if so fucked up, how can we make it better with that attitude?



The biggest change that is needed is campaign financing. Money in politics is the biggest threat this country has ever faced.
Now this part I disagree with. The problem is the same as what I said. Voters are influenced by the lies and propaganda that money provides. There are probably less than 10% of the voters who are actually informed on how the politicians really react and make laws to our needs.

Do you think that if most voters were actually informed, that we would have the politicians we do?

[Wild Cobra]

Filibuster needs to be removed,
I hope you don't think that's part of the constitution, or is it that you want the senate not to be able to make it's own procedural rules.

I think the idea of a filibuster of a good one. Just not to what it has changed into. It used to be that someone had to be actually speaking for the length of the filibuster. This way, there becomes a built in time limit.

more representatives so we have a good shot at knowing the person we are voting for or who will be representing us, no mention of political parties is a travesty.
Yes, I have been on record for years wanting to return to more representatives, not limited to 435.

Have the president nominate SCJ and have them up for popular vote.
What good is a popular vote when people can't make good voting decisions now?

[FuzzyLumpkins]

People that 'suppose' rather than 'know' and lack the ability to form more than simple concepts for complex problems should not criticize other's for making poor voting decisions.

[Wild Cobra]

People that 'suppose' rather than 'know' and lack the ability to form more than simple concepts for complex problems should not criticize other's for making poor voting decisions.
You should stop talking into a mirror to yourself. People might think you're mental.

[FuzzyLumpkins]

Thanks, Pee-Wee.

You cannot even come up with original material with your digs. All you do is parrot. Lack of imagination, inability to grasp complex ideas, shackled by confirmation bias under the guise of supposition, afraid of minorities to the point of supporting eugenics projects, and plain old dumb. i can point to specific examples of each and have time and again.

I do not just sit there and say that I am not going to go through what's been discussed as you do. I bring it pack up, Dr Capacitor, with specificity.

Baseless, mimed ad hominems from you only make me laugh more.

[Wild Cobra]

Thanks, Pee-Wee.

You cannot even come up with original material with your digs. All you do is parrot. Lack of imagination, inability to grasp complex ideas, shackled by confirmation bias under the guise of supposition, afraid of minorities to the point of supporting eugenics projects, and plain old dumb. i can point to specific examples of each and have time and again.

I do not just sit there and say that I am not going to go through what's been discussed as you do. I bring it pack up, Dr Capacitor, with specificity.

Baseless, mimed ad hominems from you only make me laugh more.

Your idiotic of inflating anything you can to the worse possible degree shows everyone just how pathetic you are.

[FuzzyLumpkins]

Your idiotic of inflating anything you can to the worse possible degree shows everyone just how pathetic you are.

You need to distinguish between poorly and worst. I am not using hyperbole in my descriptions of you. They are negative characterizations certainly but not all characteristics are positive.

Let me give you an example of worst:

You lack the ability to present coherent thought even when you try to insult me. All you do is regurgitate vomit you lapped up from my vitriol. Your imagination only runs to the cruel and perverse and even the simplest notion completely eludes your grasp. You are completely deluded and form notions with no basis in reality. Your hate for blacks, mexicans and the poor leads you to want them culled from this country and you are a drooling gibbering idiot that lacks even bowel control.

That would be the worst. What I describe you as is just accurate.

[mercos]

I agree.

Until we, as a nation, get our heads out of our asses... I think any change will make things worse. Our current national mindset if so fucked up, how can we make it better with that attitude?


Now this part I disagree with. The problem is the same as what I said. Voters are influenced by the lies and propaganda that money provides. There are probably less than 10% of the voters who are actually informed on how the politicians really react and make laws to our needs.

Do you think that if most voters were actually informed, that we would have the politicians we do?


I agree, if voters were more informed money would not be the problem. Here's the big question: what is more likely, all (or even most) voters becoming informed, or getting the money out of politics? Right now I'd say both options have about as much chance of happening as Michael Jordan winning a ring as an NBA owner, but I'd guess that getting the money out of politics is a slightly easier objective.

[TDMVPDPOY]

whats the point of having a out dated or new constitution when every year they ammend some of that shit getting rid of some of crap you enjoy...

then again most of the idiots that get invited to these referendums are not ur avg joe, so how can they make up shit that doesnt represent the whole

[Wild Cobra]

How about a different pace. What would you change or clarify about the constitution? I would want clarify what makes a citizen. Get rid of what we know as "anchor babies." I would clarify that to hold federal elected office, a person not only needs to be a citizen, but schooled in a US school also. I can think of many other things to change. Anyone else?

[vy65]

lol sandy

motherfucker is ridiculous but he has a point.

[Wild Cobra]

You need to distinguish between poorly and worst. I am not using hyperbole in my descriptions of you. They are negative characterizations certainly but not all characteristics are positive.

Let me give you an example of worst:

You lack the ability to present coherent thought even when you try to insult me. All you do is regurgitate vomit you lapped up from my vitriol. Your imagination only runs to the cruel and perverse and even the simplest notion completely eludes your grasp. You are completely deluded and form notions with no basis in reality. Your hate for blacks, mexicans and the poor leads you to want them culled from this country and you are a drooling gibbering idiot that lacks even bowel control.

That would be the worst. What I describe you as is just accurate.
Only in your delusional mind.

[velik_m]

Remove the middle men - go direct democracy, it forces people to take more responsibility for their actions and decisions (instead of always blaming those lousy politicians for everything) and eliminates a great deal of corruption.

[boutons_deux]

"go direct democracy"

The Electoral College is one of the adored US historical "perfections" that will never be changed, along with the stale, static Constitution, and the dysfunctional, anachronistic, anti-representational Senate.