Skip to content
Search

Latest Stories

Top Stories

A Republic, if we can keep it

Part VI: Repairing the Constitution

U.S. Constitution
Douglas Sacha/Getty Images

Breslin is the Joseph C. Palamountain Jr. Chair of Political Science at Skidmore College and author of “A Constitution for the Living: Imagining How Five Generations of Americans Would Rewrite the Nation’s Fundamental Law.”

This is the latest in a series to assist American citizens on the bumpy road ahead this election year. By highlighting components, principles and stories of the Constitution, Breslin hopes to remind us that the American political experiment remains, in the words of Alexander Hamilton, the “most interesting in the world.”


It seems Florida Gov. Ron DeSantis has stepped away from the grueling rat race of a presidential campaign to pursue an even higher, and far more difficult, political prize: amending the U.S. Constitution.

I applaud the governor.

Last week, DeSantis announced that he was seeking fundamental constitutional reform in an effort to “hold the U.S. Congress accountable” and “protect the people of Florida from a reckless federal government.” He proposed four amendments: “a balanced federal budget, congressional term limits, equal laws for the public and members of Congress, and line-item veto authority for the President of the United States.” He is no doubt the most visible figure in the last several years to enter the debate about constitutional reform. And the most polarizing.

But he’s not wrong. The Constitution needs an overhaul. There, I said it. The greatest political charter in human history, the one that proved the model for all others and that has, for the most part, altered the entire trajectory of organized government around the world, is in desperate need of repair. The political document most revered, most venerated, and most esteemed by those at home (including me) and those abroad is, frankly, a bit outdated. We could use a few amendments, or better yet a whole new constitutional convention. It’s time. A return to Philadelphia to rewrite the nation’s fundamental law is long overdue.

What’s remarkable is that the Constitution has lasted as long as it has, and that it has been mostly effective — for a large slice of Americans at least — in safeguarding liberty. It has survived numerous wars, including a brutal Civil War where its very principles were questioned. The document has survived serious challenges to its authority by state legislators and governors (including DeSantis) bent on capturing power. It has survived alarming, and sometimes sickening, decisions by the courts — Dred Scott, Plessy v. Ferguson, Bowers v. Hardwick, Dobbs v. Jackson Women’s Health Organization. It has survived political scandals, malpractice, high crimes and misdemeanors, disloyalty, and treason. And it survived Jan. 6.

Those who wrote and ratified the Constitution were not sure it would, or even should, endure. James Madison was the strongest proponent of durable constitutions and even he worried that these “parchment barriers” were no match for a government that “draws all power into its impetuous vortex.” His lone experience with federal constitutions was the feeble Articles of Confederation. Lasting only eight years, the Articles proved irreparably broken. Just ask those who tried to vanquish Mr. Shays.

And then there were those who actively opposed abiding constitutions, most famously Thomas Jefferson. “The earth belongs in usufruct to the living,” Jefferson insisted. To be bound by the political visions and values of a prior generation is just another form of tyranny.

“Some men look at constitutions with sanctimonious reverence,” he claimed, “and deem them like the arc [sic] of the covenant, too sacred to be touched. They ascribe to the men of the preceding age a wisdom more than human, and suppose what they did to be beyond amendment.”

His solution was simple: “let us provide in our constitution for its revision at stated periods. ... Each generation is as independent as the one preceding. ... It has then a right to choose for itself the form of government it believes most promotive of its own happiness.”

Jefferson was never able to persuade his contemporaries of the merits of constitutional “revision at stated periods.” His argument was more convincing at the state level — 20 or so states now have built-in constitutional mechanisms for periodic revision. What is more, the remarkable work of Zachary Elkins, Tom Ginsburg and James Melton at the Comparative Constitutions Project indicates that the average lifespan of constitutions across the globe is a modest 17 years. Indeed, Jefferson’s constitutional influence has been greater abroad than it has been at home.

That said, a Jeffersonian-like call for amending the U.S. Constitution has reached a fever pitch. These appeals have happened in academic journals, to be sure. But they’re also surfacing in mainstream political outlets like The Atlantic, Vox, The New Republic and Democracy: A Journal of Ideas. Those outside the Beltway are increasingly questioning the merits of our current constitutional design. Notable academics have written books on the subject. The New York Times recently ran a series on the most influential reforms to our political system. The National Constitution Center in Philadelphia commissioned legal scholars from the libertarian, conservative and liberal persuasions to draft their own constitutions for the 21st century. The push for constitutional reform has even infused pop culture. Consider Chris Rock’s 2020 “Saturday Night Live” monologue in which he insisted we need to “renegotiate our relationship to our government” and come up with a “whole new [constitutional] system”:

Chris Rock monologue - SNLwww.youtube.com

The main question then is whether DeSantis will find any traction. Article V of the Constitution stipulates that revisions to the text can follow two procedural pathways: either two-thirds of both houses of Congress can propose amendments or two-thirds of the states can apply for a constitutional convention. The Floridian appears to be taking the latter route. Either way, he faces a steep and jagged uphill climb. Even if successful in convincing 33 more states to get on board with his plan, DeSantis would then have to induce three-quarters of the states to ratify any constitutional changes. That will not be simple.

But the conversation about constitutional reform needs to continue. As America approaches its semiquincentennial on July 4, 2026, and then, 11 years later, the 250th anniversary of its constitutional birth, we are right to wonder about particular provisions of our commanding charter. The woefully undemocratic Senate, the troubling Electoral College, the curiously short two-year House term, the archaic life tenure for federal court judges, the unenumerated right to privacy ... these are just a few of the Constitution’s many shortcomings.

There are more, of course, and the political environment is just going to get even more complex. We have to face the prospect that a Constitution for the 18th century may not be a Constitution for the 21st. In the end, Americans would be wise to heed that possibility.

Read More

The baking isn’t done only by elected officials. It’s done by citizens​

a view of the capitol building

The baking isn’t done only by elected officials. It’s done by citizens​

In November, eight Senate Democrats voted with Republicans to end the longest government shutdown in history, with little to show for the 43-day closure.

Senator Sheldon Whitehouse (D-RI), who was not one of the eight, told discouraged Democrats, “We need to remember the battle we’re in….[We need to continue the fight] to defend our country from Trump and MAGA. Two things coming up that are really important,” Whitehouse said, “1) In December, there will be a vote on extending the Affordable Care credits we fought for. That gives us…weeks to hammer the Republicans so hard that we actually get a good Affordable Care credits bill.

Keep ReadingShow less
The baking isn’t done only by elected officials. It’s done by citizens​

a view of the capitol building

The baking isn’t done only by elected officials. It’s done by citizens​

In November, eight Senate Democrats voted with Republicans to end the longest government shutdown in history, with little to show for the 43-day closure.

Senator Sheldon Whitehouse (D-RI), who was not one of the eight, told discouraged Democrats, “We need to remember the battle we’re in….[We need to continue the fight] to defend our country from Trump and MAGA. Two things coming up that are really important,” Whitehouse said, “1) In December, there will be a vote on extending the Affordable Care credits we fought for. That gives us…weeks to hammer the Republicans so hard that we actually get a good Affordable Care credits bill.

Keep ReadingShow less
Is Politico's Gerrymandering Poll and Analysis Misleading?
Image generated by IVN staff.

Is Politico's Gerrymandering Poll and Analysis Misleading?

Politico published a story last week under the headline “Poll: Americans don’t just tolerate gerrymandering — they back it.”

Still, a close review of the data shows the poll does not support that conclusion. The poll shows that Americans overwhelmingly prefer either an independent redistricting process or a voter-approved process — not partisan map-drawing without voter approval. This is the exact opposite of the narrative Politico’s headline and article promoted. The numbers Politico relied on to justify its headline came only from a subset of partisans.

Keep ReadingShow less
Trump's Deregulation Lure: A Wage Squeeze for the Global South
person using black laptop computer
Photo by Kanchanara on Unsplash

Trump's Deregulation Lure: A Wage Squeeze for the Global South

When Colm Kelleher, chairman of UBS, sat down with Scott Bessent in recent months to discuss uprooting the bank's headquarters from Zurich to New York, it was more than corporate maneuvering. It was a signal flare for the financial world under Donald Trump's second term. Bessent promised a regulatory bonfire that could slash compliance costs and open the floodgates for American finance. The reported talks underscore a broader shift: the United States is apparently positioning itself as the unassailable hub of global capital, drawing in institutions like UBS with tax breaks and lighter oversight. Yet this allure comes at a steep price for emerging markets, where wage growth is already fragile. What looks like a boom for American workers masks a quiet trap, one that could deepen the divide between rich nations and the rest.

Bessent's vision, laid out in private conversations and public hints, paints a picture of American exceptionalism reborn. He has warned of a "perfect storm" of inherited inflation and supply disruptions from the Biden years, now to be tamed by aggressive deregulation and targeted tariffs. In one recent interview, he blamed soaring beef prices on a mix of migrant-driven cattle issues and lingering policy failures, framing Trump's agenda as the corrective force. The rhetoric is folksy, but the policy is sharp: roll back rules that hobble banks, lure foreign firms stateside, and shield domestic industries with import duties. UBS's flirtation with relocation fits neatly here. Across the Atlantic, Trump offers relief: no more endless stress tests, faster mergers, and a friendlier tax code. If UBS moves, it could save hundreds of millions annually in regulatory overhead, funneling those gains into higher bonuses for its New York traders.

Keep ReadingShow less