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The United States’ Unamendable Constitution

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21–30 of 747 posts

Re: The United States’ Unamendable Constitution

#21
I propose a constitutional amendment to ban political parties. ;)

But seriously, that would be interesting. Our Founding Fathers never intended there to be this entrenchment of two parties. It would make polarization harder because, well... what are the sides? It would also force greater civic participation to know what candidates actually stand for, and not just at the federal level.

Re: The United States’ Unamendable Constitution

#22

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.

It is a feature. The Constitution defines a series of feedback loops with different time-constants:

House: 2 yr

President: 4 yr

Senate: 6 yr

President-term-limit: 8 yr

Supreme-Court justice: ~16 years (per Google for average term)

Constitutional Amendment: Hard. ~13.5 years between updates, potentially infinite duration. (231 years since Bill of Rights was added, 17 amendments since then)

Each of these allows for differing response-times to a changing world. If you're a control-theory engineer, you might view Congress and the President as a PID loop, where the President is P, the House is D, and the Senate is I.

The goal of the Constitution is to ascertain what the people want, in aggregate. This series of cascaded loops helps to serve that purpose.

Re: The United States’ Unamendable Constitution

#23

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.

Some difficulty is not a bug, but the current amount of difficulty was probably not intended.

Most of the drafters understood that it was important for a government's founding document to strike a balance between two unsustainable positions: immutability (leading to a sort of tyranny of the old and dead) and excessive mutability (leading to short-term thinking and political instability). Our current approach to amending the constitution has favored the former position, to poor effect.

Re: The United States’ Unamendable Constitution

#24

"Seventy-two per cent of Republicans think that the Constitution is basically fine as is; seventy-two per cent of Democrats disagree." Of course this has nothing to do the actual Constitution. It's a statement about each party's (dis)satisfaction with the current success of their party. The optimist in me wants to believe that even in this polarized culture politicians could compromise and find a middle ground on man…

> even in this polarized culture politicians could compromise

Not when refusing to compromise is your parties main platform.

Re: The United States’ Unamendable Constitution

#25

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.

When one side wants things to change and the other side wants things to "stay the same" (in order to deconstruct them), the current state of affairs is one side having the upper hand.

The US founding fathers were so worried about a tyranny of the majority they built a system where a tyranny of the minority was likely to come to pass.

Re: The United States’ Unamendable Constitution

#27
post #10

What are the amendements that they want to pass, but cannot?

The Equal Rights Amendment would have been nice. A Supreme Court member did say that without it, the Constitution does not prohibit discrimination based on sex.

There are certain rights that are broadly popular, such as the right to birth control and the right to be gay, which are currently only protected by Supreme Court judgment. A member of that court explicitly called for reconsidering them. They are so broadly accepted that nobody even does polling for them, but there is so little chance of passing an amendment to protect them that nobody is even trying.

Re: The United States’ Unamendable Constitution

#28

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.

Yes, because it leaves constitutional meaning up, not up to the people, but up to the whims of the supreme court.

The easiest way to amend the constitution is to hold or pack the supreme court. That is dysfunctional. An easier to amend constitution, that better reflected the people's will, would likely reduce political polarization, as it would be possible to actually pass national laws that have 60 or 70% support.

Re: The United States’ Unamendable Constitution

#30
post #5

Earlier quoted context omitted.

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.

Endlessly bending the structures of law just makes them snap that much harder when they break under the pressure. It's not a good thing.
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