Do We Need A New Constitution?by Brad Warbiany
Larry J. Sabato, a professor of politics at the University of Virginia, seems to think so, and he’s even written a book about it. However, some of his complaints indicate that he simply doesn’t understand that the document was designed for different purposes than he wishes it to be:
The Senate is horribly undemocratic. Because each state elects exactly two senators, thinly-peopled rural states wield disproportionate influence. If the 26 smallest ones stick together, they have a majority of votes despite representing only 17% of Americans. Mr Sabato wants to restore some fairness by giving extra senators to big states.
Actually, Larry, the Senate was designed for the system of federalism, where the goal was for States to keep Washington from running roughshod over their jurisdiction just because more populous states wanted something. Granted, the 17th Amendment and most of the New Deal and beyond have turned the States into little more than lines on a map, since everything now IS run from Washington. But the point of the Senate was not to be “democratic”, it was to offer a place where more cool-headed people beholden to State interests rather than directly to the public could temper the fluctuating flame of shifting public demands.
Not content with rejigging the building blocks of government, Mr Sabato also wants to lay constitutional obligations on individual citizens. All able-bodied young Americans should have to do two years of national service, he argues, either in the army or pursuing some other public good.
Ahh, I see, because his desire is to ensure that, beyond all the conditioning that our students receive in the [unconstitutional] public schooling they endure until age 18, the needs to brainwash them further into the “social contract” by imposing unnecessary obligations onto them. After all, if you start them young enough, you can teach them that freedom means only what Larry Sabato believes it means. If he really wanted to solve this one, he could do so quite easily be repealing the 13th Amendment. Not that I think Larry would get a lot of love if he put that on a bumper sticker, though!
But all this dances around the second problem. A few of Sabato’s suggestions were good, such as finding a way to reduce gerrymandering of districts, which turn House seats into fiefdoms. And his call is not for some halfway approach to the problem.
But Mr Sabato does not want us to pick one or two of his suggestions. He wants to call a second constitutional convention to rethink the entire document bar the Bill of Rights. The current approach of piecemeal amendments is not working, he says. Very few pass, and many that are proposed are foolish: think of the amendment to ban flag-burning. No, what America needs is a grand meeting of clever and high-minded people to draw up a new, improved constitution better suited to the 21st century.
A “grand meeting of clever and high-minded people”? I’m sure a lot of “politics professors” will be invited to such a thing.
I thought, a year or two ago, that perhaps the answer is another Constitutional Convention. I thought that we’ve misinterpreted the document so horribly that it might be time to spell out the limits on government that our Constitution enshrines explicitly, to take these decisions out of the hands of Supreme Court justices that constantly stretch the meaning of the document to fit ever-wider government. But there’s a problem with that approach. The type of people I would want to write the new Constitution probably wouldn’t be allowed in the room, and we’d end up with a document that enshrines “positive liberty” and obligations on individuals that make our current Leviathan seem like the Ritz Carlton.
We don’t need a new Constitution, and the call to create one is an invitation to velvet-gloved tyranny.