Tuesday, October 24, 2006

UT law professor says US Constitution obsolete

A law professor at the University of Texas, Sanford Levinson, has published a book, Our Undemocratic Constitution, in which he calls for more democratic apportionment of Senators, replacement of the Electoral College with direct election of the President, constraints on the imperial presidency, term limits on federal judges, and many more reforms. He admires the Founders' political genius, but argues that it's time to review the compromises they struck in order to win ratification. The conditions of the time that led to the compromises have changed (e.g., the split between slaveholding and free states). In his view, maybe it's time the Constitution did, too.

The Dallas Blog's Tom Pauken is appalled that liberals are trying to "impose their progressive vision on our country." He claims that, while liberals want to "ditch" the Constitution, conservatives are the true defenders of its principles.

So, let's take a closer look at the claim. Recent attempts to amend our Constitution have come mostly from the right, not the left. President Bush wants the Constitution to discriminate against gays. Others want to whittle away free speech rights to protect the flag. Jesse Helms called for a Constitutional Convention to require balanced budgets (though we don't hear that anymore from Republicans). For others, like right-wing author Bruce Walker, a constitutional convention is needed to combat judicial activism and "the trend toward indifferent, centralized and undemocratic elitist leftist rule." A couple dozen states have already petitioned the federal government to convene a Constitutional Convention. The list of desired amendments is long.

  • balanced budget
  • repeal of income tax
  • restrictions on taxation
  • term limits
  • line item veto
  • defense of marriage
  • school prayer
  • funding for religious and home schools
  • restrictions on courts
  • restrictions on treaties and world government
You decide if it's the right or the left that is the bigger threat to our Constitution.

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