The Good Fight Tom Ginsburg on Whether America Should Adopt a New Constitution
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Sep 9, 2025 Tom Ginsburg, Leo Spitz Distinguished Service Professor of International Law at the University of Chicago, discusses the future of constitutions and democracy. He explores the challenges of political polarization and the importance of pluralism. Ginsburg highlights the advantages of both written and unwritten constitutions, as well as the unique governance models across democracies. The conversation also focuses on safeguarding free speech in universities and the implications of potential constitutional reforms, emphasizing the need for open discourse in political dialogue.
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Institutions Constrain But Aren't Machines
- Institutions matter and create predictable tendencies even if they are not machine-like solutions.
- Constitutional design can constrain ambitions but cannot fully neutralize bad actors.
Beyond Separation Of Powers: Modern Tools
- Modern constitutions add specialized mechanisms like emergency rules and accountability bodies.
- Judicial review and independent anti-corruption institutions function as a practical 'fourth branch' of checks.
Monarchs Can Curb Populist Appeals
- Constitutional monarchs can act as a symbolic upper limit on populism and a stabilizing check.
- A nonpolitical head of state can make criticizing government less equated with disloyalty to the nation.
