In this engaging discussion, Erwin Chemerinsky, Dean of UC Berkeley's law school and author of "No Democracy Lasts Forever," delves into the inherent flaws of the U.S. Constitution. He highlights how compromises made by the Founding Fathers have led to systemic threats to democracy, like the Electoral College and racial inequities. Chemerinsky also critiques the Supreme Court’s evolving role and its impact on voting rights, urging for urgent electoral reforms to combat polarization and distrust in the current political climate.
The compromises made by the Founding Fathers, such as the Electoral College, continue to threaten the integrity of American democracy today.
Structural barriers to amending the Constitution hinder necessary reforms, exacerbating the current political polarization and distrust in governmental institutions.
Deep dives
The Historical Flaws of the Constitution
The Constitution, while a remarkable document, harbors significant flaws rooted in its historical context, which threaten American democracy today. Important choices, such as the establishment of the Electoral College and the Senate's equal representation for states regardless of population, have contributed to a political system that no longer reflects the current demographic realities. For instance, the Electoral College has led to multiple instances where presidential candidates can win the presidency despite losing the popular vote, which has happened twice in this century. Additionally, the system of two senators per state creates disproportionate political power, allowing states with small populations to hold equal legislative weight as those with much larger populations, undermining the principle of representative democracy.
Challenges in Amending the Constitution
The difficulty of amending the Constitution poses a significant barrier to reform, especially in today's polarized political climate. The requirement of a two-thirds majority in both houses of Congress and ratification by three-fourths of the states makes meaningful change nearly impossible, a situation exacerbated by the deeply entrenched partisan divisions. Since the adoption of the Bill of Rights, the Constitution has only been amended 17 times, indicating a systemic resistance to necessary updates. As various social issues evolve and new challenges arise, this rigidity hinders progress and reinforces the outdated aspects of the governing document.
The Supreme Court's Role and Influence
The Supreme Court is meant to interpret the Constitution and ensure that its principles are applied to contemporary issues; however, its recent decisions have raised concerns about its role in undermining democracy. With rulings that prioritize corporate interests, limit voting rights, and grant broad immunity to the presidency, the Court has shifted from being a safeguard to a potential threat against democratic principles. For example, decisions like Citizens United have allowed for increased corporate money in politics, skewing the democratic process in favor of wealthy interests. This has led to a perception that the Court is operating more as an instrument of political power rather than an impartial arbiter of constitutional limits.
Potential Reforms and Future Outlook
Future reforms to American democracy may involve significant changes such as abolishing the Electoral College and establishing term limits for Supreme Court justices. While immediate reforms like implementing an ethics code for the Court or ending gerrymandering could be feasible within existing legislative frameworks, more substantial changes will likely require a constitutional amendment. The current political landscape appears to foster a sense of disillusionment about the possibility of meaningful reform, with rising divisions prompting discussions of secession among certain groups. As trust in governmental institutions erodes, the urgency to address these reforms becomes increasingly critical for the long-term sustainability of democracy in the United States.
The US Constitution is a brilliant political document, but it’s far from perfect. This week’s guest, Erwin Chemerinsky, argues that many of today’s threats to democracy are a direct result of compromises made by the Founding Fathers centuries ago. Those mistakes have come back to haunt us, and they might destroy our democracy.
