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The United States’ Unamendable Constitution

newyorker.com

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Re: The United States’ Unamendable Constitution

#2

Post by gjsman-1000 »

At this point, is the difficulty in amending the Constitution actually a bug? Seeing the polarization, I could see our Founding Fathers deciding that's actually a feature right now because it prevents one side from getting the upper hand and telling the rest to stuff it.

Re: The United States’ Unamendable Constitution

#5

Post by giantg2 »

gjsman-1000 wrote: post #2

At this point, is the difficulty in amending the Constitution actually a bug? Seeing the polarization, I could see our Founding Fathers deciding that's actually a feature right now because it prevents one side from getting the upper hand and telling the rest to stuff it.

I mostly agree. At this point though, each side tries to circumvent it anyways by at least stretching "interpretations", and the courts tend to allow it.

Re: The United States’ Unamendable Constitution

#6

Post by jeffbee »

gjsman-1000 wrote: post #2

At this point, is the difficulty in amending the Constitution actually a bug? Seeing the polarization, I could see our Founding Fathers deciding that's actually a feature right now because it prevents one side from getting the upper hand and telling the rest to stuff it.

No rational person gives a damn what some guys who died 200 years ago would have thought about our present.

Re: The United States’ Unamendable Constitution

#7

Post by nikanj »

gjsman-1000 wrote: post #2

At this point, is the difficulty in amending the Constitution actually a bug? Seeing the polarization, I could see our Founding Fathers deciding that's actually a feature right now because it prevents one side from getting the upper hand and telling the rest to stuff it.

I think the Founding Fathers pictured the government as being democrats and republicans versus problems, not democrats versus republicans.

Re: The United States’ Unamendable Constitution

#8

Post by ggm »

A two sided story and I think they succeed in unpacking aspects of the two sides.

I believe the most likely constitutional change attempts in the short term would be libertarian revisionist windback and amplification of states rights. Reproductive rights would be next but I suspect is less likely to get up because of the impending shift in power balance in government. The revisionist thing, is to me likely because it's like the supreme court stacking and vote shenanigans already seen by the GOP. It's an easy sell to the state governments and wider republican voter.

Re: The United States’ Unamendable Constitution

#9

Post by gjsman-1000 »

giantg2 wrote: post #5
gjsman-1000 wrote: post #2

At this point, is the difficulty in amending the Constitution actually a bug? Seeing the polarization, I could see our Founding Fathers deciding that's actually a feature right now because it prevents one side from getting the upper hand and telling the rest to stuff it.

I mostly agree. At this point though, each side tries to circumvent it anyways by at least stretching "interpretations", and the courts tend to allow it.

I'd rather have that than have the constitution easier to amend. Otherwise the whipping back-and-forth on constitutional issues as each party takes power would be extremely destabilizing and legally chaotic. It already is; don't make it worse.
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