Debating the Need for a New Constitution in the United States

The United States Constitution is often viewed as a cornerstone of American democracy. But do Americans really need a new constitution? This article delves into various perspectives on this question, focusing on needed amendments and reforms.

Arguments Against a New Constitution

Many argue that the current constitution remains sound and effective. Pointing to the Supreme Court's role, they believe that elected officials must not only adhere to the law but also respect the legal framework that governs them. For instance, Justice Neil Gorsuch, an Associate Justice of the Supreme Court, recently highlighted the critical importance of separating the judicial from the political branches of government, ensuring that laws are strictly adhered to.

Central Argument: The Current Constitution Aims to Govern Elected Officials, Not the Other Way Around

Neil Gorsuch, Associate Justice, Supreme Court of the United States

"The Constitution is the pact with which we transcend faction and perfect our union. It is the law on those in government, not the other way around."

Others suggest that significant changes could lead to unintended consequences. High-level political changes, like those proposed, could further exacerbate political polarization and mistrust among citizens. For example, Akhil Reed Amar, a Sterling Professor of Constitutional Law at Yale Law School, argues that introducing further political polarization and mistrust would be counterproductive, potentially leading to instability.

Central Argument: Changes Could Lead to Political Instability

Akhil Reed Amar, Sterling Professor of Constitutional Law, Yale Law School

"In my opinion, in this day and age with political polarization and mistrust, it would be the dumbest thing to throw out the whole system and start over. The risk is simply too high."

Needed Amendments for Improvement

While a complete overhaul might not be necessary, some advocates argue for targeted amendments to address specific issues. One such suggestion involves eliminating the Electoral College. Critics argue that the Electoral College fails to screen out unqualified candidates and often results in a president being elected who did not win the popular vote. Similarly, the elimination of the Senate has been proposed as it represents outdated power dynamics within the legislative branch.

Central Argument: Revisions to Improve Democratic Representation

John Yoo, Law Professor, University of California, Berkeley

"It is time to revisit the Constitution and ensure that it reflects modern-day needs. Reforms such as eliminating the Electoral College and the Senate would better align the government with democratic principles."

Reviving Constitutional Traditions

Some argue that the need to adhere strictly to the constitution as originally formed is paramount. They emphasize the importance of returning to traditional practices, such as the “honor” valued by early government representatives. They propose codifying current practices into mandatory law to ensure transparency and accountability. However, this approach is fraught with challenges, particularly in retaining control over executive, legislative, and judicial powers.

Central Argument: Reverting to Original Constitutional Values

James Lindgren, Professor of Law, DePaul University

"We must codify and enforce traditional government practices to ensure they remain mandatory. This could involve strengthening oaths of allegiance and imposing penalties for noncompliance."

Conclusion

While the need for a new constitution is debated, there is consensus on the importance of necessary amendments to improve the current system. Specific changes, such as eliminating the Electoral College and the Senate, can help enhance democratic representation. However, to achieve meaningful reform, there must be a broad agreement on the principles of governance that should underpin the process. The ongoing discourse on constitutional reform reflects a deep-seated desire for a more equitable and just system in the United States.