The Gray Area with Sean Illing

The timebomb the founding fathers left us

37 snips
Jul 29, 2024
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.
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INSIGHT

Constitutional Flaws

  • The US Constitution, while brilliant, contains flaws that threaten democracy.
  • These flaws, like the Electoral College and unrepresentative Senate, are becoming more salient due to population and political shifts.
INSIGHT

Supreme Court and Amendments

  • Life tenure for Supreme Court justices, given increased lifespans, creates excessive power concentration.
  • The difficulty of amending the Constitution exacerbates these issues, making necessary reforms nearly impossible.
INSIGHT

Ranking Constitutional Flaws

  • The Electoral College and two senators per state are major threats to democracy.
  • Historically, the Constitution's treatment of race has been the worst flaw.
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