Goldstone is a writer whose most recent book is "On Account of Race: The Supreme Court, White Supremacy, and the Ravaging of African American Voting Rights."
Much like an only child of parents in a divorce proceeding, the U.S. Constitution has been clutched at by both sides of the ideological divide, each of which insists that its claim is the more legitimate and the other’s distorts reality. The right is certain the Constitution protects “religious liberty,” “individual freedom” and the ability to own any variety of weaponry, while the left asserts that the document protects the right of women to have an abortion and ensures all Americans are allowed to vote, thereby preserving the Framers’ goal of majority rule.
Both sides are wrong.
The main issue is that neither the left nor the right understands what the delegates to the Constitutional Convention were trying to achieve in the summer of 1787 and the compromises and realpolitik necessary to leave Philadelphia with any product at all. The primary misconception is that the Framers were there to ensure “liberty,” be it personal, political or religious. Americans already had liberty under the Articles of Confederation — a good deal more liberty, in fact, than they would be granted under a new Constitution. Citizens of each state in this compact of “friendship” had almost total control over their own destiny, including defining a judiciary, legislature, executive and constabulary, as well as establishing a monetary system, rules for voting eligibility and bills of rights. Participation in the central government was just short of voluntary.
What the nation under the Articles lacked was an effective means of common defense, the ability to raise money, and the consistency of laws necessary to promote trade and commerce. In order to acquire these and create a functional nation, Americans needed to be willing to sacrifice individual liberty rather than gain it. The key question was how much and in what areas.
There were facets of “liberty” that could not be threatened — slavery in the South and the free flow of commerce in the North — and the delegates spent four contentious months trying to devise a plan for an effective central government that could also protect those interests. There were intense debates over what powers would be granted to a national legislature, and even fiercer disagreement on the executive, where it took almost 140 votes to settle on a single president who would serve for four years.
Small states feared a strong central government would ride roughshod over the liberties they enjoyed under the Articles, so their interests were protected with a two-senator plan and the Electoral College. Voting eligibility was not addressed, left for the states to decide as they pleased. Potential deal-breakers were avoided. In addition to dancing past the slavery question, aware of widespread objections to a federal judiciary, the delegates kept Article III short and vague, failing even to mandate the number of justices who would sit on the Supreme Court.
In the end, the delegates achieved what they had most sought: a national government far stronger than had existed under the Articles, a means for national defense, and some consistency in the manner in which states could conduct their affairs. But the price was high. Slavery was protected, functionality was limited and minority rule assured. It is no wonder then that the Constitution is inadequate to meet current challenges — it was inadequate to meet the challenges of 1787, which explains why a Civil War became necessary to resolve fundamental issues 75 years later.
Given its shortcomings, it would seem that Americans should attempt to redraft a more effective document, one in which areas of contention would be specifically addressed. For example, does the right to vote guarantee that the ability to vote be made equal for all citizens? Does the right to bear arms exist without regard to the requirement that a militia be present? Does the protection against illegal search and seizure protect a woman’s right to abort an unwanted fetus (“my body, my choice”)? Do religious beliefs allow some citizens to deny others services or legal protections? These and other issues are addressed either obliquely or not at all in our current Constitution, and the United States has been torn asunder as a result.
The problem is that the very contentiousness that has wrenched American society apart would become the focus of any new constitutional convention. In addition, how delegates would be selected for such a convention and whether states would be represented based on population or as separate entities and how many votes each would be granted to decide on specifics might scuttle any plan for a new constitution before it got off the ground.
Even assuming some formula for empaneling a convention could be found, how could a nation that has lived under minority rule for virtually all of its existence expect that ruling minority to voluntarily cede power? It is far more likely that any new plan would be far less effective at establishing majority rule than what we are living with today.
In the end, the very flaws that make the Constitution unworkable would render any attempt to update it unworkable as well. And so, if a new version is not a reasonable option, Americans will need to find a means to use the existing document to solve the very deep problems that currently plague the nation.
It will not be easy.




















Eric Trump, the newly appointed ALT5 board director of World Liberty Financial, walks outside of the NASDAQ in Times Square as they mark the $1.5- billion partnership between World Liberty Financial and ALT5 Sigma with the ringing of the NASDAQ opening bell, on Aug. 13, 2025, in New York City.
Why does the Trump family always get a pass?
Deputy Attorney General Todd Blanche joined ABC’s “This Week” on Sunday to defend or explain a lot of controversies for the Trump administration: the Epstein files release, the events in Minneapolis, etc. He was also asked about possible conflicts of interest between President Trump’s family business and his job. Specifically, Blanche was asked about a very sketchy deal Trump’s son Eric signed with the UAE’s national security adviser, Sheikh Tahnoon.
Shortly before Trump was inaugurated in early 2025, Tahnoon invested $500 million in the Trump-owned World Liberty, a then newly launched cryptocurrency outfit. A few months later, UAE was granted permission to purchase sensitive American AI chips. According to the Wall Street Journal, which broke the story, “the deal marks something unprecedented in American politics: a foreign government official taking a major ownership stake in an incoming U.S. president’s company.”
“How do you respond to those who say this is a serious conflict of interest?” ABC host George Stephanopoulos asked.
“I love it when these papers talk about something being unprecedented or never happening before,” Blanche replied, “as if the Biden family and the Biden administration didn’t do exactly the same thing, and they were just in office.”
Blanche went on to boast about how the president is utterly transparent regarding his questionable business practices: “I don’t have a comment on it beyond Trump has been completely transparent when his family travels for business reasons. They don’t do so in secret. We don’t learn about it when we find a laptop a few years later. We learn about it when it’s happening.”
Sadly, Stephanopoulos didn’t offer the obvious response, which may have gone something like this: “OK, but the president and countless leading Republicans insisted that President Biden was the head of what they dubbed ‘the Biden Crime family’ and insisted his business dealings were corrupt, and indeed that his corruption merited impeachment. So how is being ‘transparent’ about similar corruption a defense?”
Now, I should be clear that I do think the Biden family’s business dealings were corrupt, whether or not laws were broken. Others disagree. I also think Trump’s business dealings appear to be worse in many ways than even what Biden was alleged to have done. But none of that is relevant. The standard set by Trump and Republicans is the relevant political standard, and by the deputy attorney general’s own account, the Trump administration is doing “exactly the same thing,” just more openly.
Since when is being more transparent about wrongdoing a defense? Try telling a cop or judge, “Yes, I robbed that bank. I’ve been completely transparent about that. So, what’s the big deal?”
This is just a small example of the broader dysfunction in the way we talk about politics.
Americans have a special hatred for hypocrisy. I think it goes back to the founding era. As Alexis de Tocqueville observed in “Democracy In America,” the old world had a different way of dealing with the moral shortcomings of leaders. Rank had its privileges. Nobles, never mind kings, were entitled to behave in ways that were forbidden to the little people.
In America, titles of nobility were banned in the Constitution and in our democratic culture. In a society built on notions of equality (the obvious exceptions of Black people, women, Native Americans notwithstanding) no one has access to special carve-outs or exemptions as to what is right and wrong. Claiming them, particularly in secret, feels like a betrayal against the whole idea of equality.
The problem in the modern era is that elites — of all ideological stripes — have violated that bargain. The result isn’t that we’ve abandoned any notion of right and wrong. Instead, by elevating hypocrisy to the greatest of sins, we end up weaponizing the principles, using them as a cudgel against the other side but not against our own.
Pick an issue: violent rhetoric by politicians, sexual misconduct, corruption and so on. With every revelation, almost immediately the debate becomes a riot of whataboutism. Team A says that Team B has no right to criticize because they did the same thing. Team B points out that Team A has switched positions. Everyone has a point. And everyone is missing the point.
Sure, hypocrisy is a moral failing, and partisan inconsistency is an intellectual one. But neither changes the objective facts. This is something you’re supposed to learn as a child: It doesn’t matter what everyone else is doing or saying, wrong is wrong. It’s also something lawyers like Mr. Blanche are supposed to know. Telling a judge that the hypocrisy of the prosecutor — or your client’s transparency — means your client did nothing wrong would earn you nothing but a laugh.
Jonah Goldberg is editor-in-chief of The Dispatch and the host of The Remnant podcast. His Twitter handle is @JonahDispatch.