S3 E 2 Constitution-Making in America with Sanford Levinson

Welcome back to another episode of the Peaceful Political Revolution in America podcast.

Today, I will be talking with Sanford Levinson. Levinson is the W. St John Garwood and W St. John Garwood, Jr. Centennial Chair in Law. He teaches Law at both Harvard and the University of Texas Law School in Austin. Sanford is the author of over 450 articles and book reviews, and seven books, including Our Undemocratic Constitution, Framed: America’s 51 Constitutions and the Crisis of Governance, and Democracy and Dysfunction. Sanford is an early proponent of replacing our Constitution with a more democratic one, and for several good reasons; he knows more about our outdated and increasingly dangerous Constitution than almost anyone in America. I first interviewed Sanford in May of 2022, at which time he offered to come back to talk about his experience with the Democracy Journal project to draft a new model constitution for the United States. 

Levinson chaired the project, calling upon several prominent legal scholars to contribute to the contents and style of this ambitious document. My hope is that this conversation might shed some light on the process and pitfalls of constitution-making in America, as we uncover some of the challenges even the best of planners have encountered. You may not know that in 2020, the National Constitution Center had also commissioned the drafting of three new models, each reflecting the values and goals of three very different worldviews. Specifically, these models were designed to reflect a Progressive, Libertarian, and Conservative worldview.  None of these models got much attention. In Sandford's own words, they just fell flat. Apparently, the American public had no interest, and the media graciously obliged by ignoring the whole thing. Was it the process, the results, or American hubris that led to the failure to engage the American psyche in the deliberations, or was there a deeper, and even more concerning problem? 

I began our conversation by asking Sanford why no one had simply proposed to draft a more democratic model. 

Outro

Persuading the people that a convention is thinkable should be easy in a democracy. After all, that's what democracies are based on. I can think of a lot of things that are more unthinkable than a convention, like what our world will look like in a post-3-degree world. Tune in next time for a heated discussion about the failure of government to confront the Climate Emergency, with Dr Peter Carter, climate scientist and founder of the Climate Emergency Institute. This conversation is about to heat up!