RSS 2.0 FeedOur Undemocratic Constitution
by Brad WarbianyI was updating my Amazon wish list, since my family (outside of my libertarian brother) never has a clue what to buy me. During my searches for Locke, Friedman, Hayek, Sowell, etc, I came across this little gem…
Our Undemocratic Constitution: Where the Constitution Goes Wrong (And How We the People Can Correct It)— by Sanford Levinson
Book Description
The Constitution is one of the most revered documents in American politics. Yet this is a document that regularly places in the White House candidates who did not in fact get a majority of the popular vote. It gives Wyoming the same number of votes as California, which has seventy times the population of the Cowboy State. And it offers the President the power to overrule both houses of Congress on legislation he disagrees with on political grounds. Is this a recipe for a republic that reflects the needs and wants of today’s Americans? Taking a hard look at our much-venerated Constitution, Sanford Levinson here argues that too many of its provisions promote either unjust or ineffective government. Under the existing blueprint, we can neither rid ourselves of incompetent presidents nor assure continuity of government following catastrophic attacks. Less important, perhaps, but certainly problematic, is the appointment of Supreme Court judges for life. Adding insult to injury, the United States Constitution is the most difficult to amend or update of any constitution currently existing in the world today. Democratic debate leaves few stones unturned, but we tend to take our basic constitutional structures for granted. Levinson boldly challenges the American people to undertake a long overdue public discussion on how they might best reform this most hallowed document and construct a constitution adequate to our democratic values.
I think I can see where this book is headed: “There are a bunch of things I want government to do, but that pesky Constitution won’t let me. And Al Gore really won. So let’s scrap it for a more ‘flexible’ understanding.” Levinson acts as if our founding fathers mistakenly made an undemocratic document. I’m sure I’m preaching to the choir here, but I think one of the best features of our Constitution is that it doesn’t allow Democracy to interfere with Liberty.
Of course, Levinson may have the last laugh on this one. Given that our government and our courts don’t bother to pay attention to that “undemocratic” document anyway, he’ll get the government he wants— hopefully good and hard.
I’m no supplicant for Levinson, but in his several posts over at Balkinization he makes it quite clear that his concern is over the electoral process and the separation of powers, not the scope of government power in toto.
I don’t think you’re giving him a fair shake.
Comment by KipEsquire — December 3, 2006 @ 8:21 amPerhaps not… I haven’t read the book, I’ve only read the description on Amazon. It mentions his worry that Wyoming and California get the same number of votes (Senate, I’m assuming). As well as his disdain of the fact that the President can veto legislation on political grounds.
Any idea of his thoughts on the 17th Amendment? Would he consider it a good or a bad thing? (I’m on record with the belief that it’s a horrible, horrible thing, FYI.)
But if anyone wants to buy me the book, I’ll give it a fair shake :-)
Comment by Brad Warbiany — December 3, 2006 @ 8:35 amLong before we debate whether the Constitution needs changing, in this particular discussion, we need to debate whether we value Democracy or Liberty. Personally, I place little value on democracy except when it protects my liberty.
Comment by Eric — December 3, 2006 @ 9:03 am