Skip to content
Search

Latest Stories

Follow Us:
Top Stories

Imagining constitutions

A Republic, if we can keep it: Part XXX

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 Republic, if we can keep it,” 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.”

America’s Constitution is always under the microscope, but something different is happening of late: The document’s sanctity is being questioned.


In the pages of The New York Times, Jennifer Szalai recently asked whether the Constitution is “ dangerous.” Erwin Chemerinsky similarly wonders whether the Constitution is actually a threat to the United States. Ryan Doerfler and Samuel Moyn question whether the “broken” Constitution should even be reclaimed. These questions would scarcely be uttered a generation ago. Today, they’re typical.

As disturbing as alarm over America’s holy charter may be, what is exciting is the way in which critics are responding. Constitutional skeptics have begun to take matters into their own hands and have offered their own versions of a 21st century charter. Leading writers and legal scholars were recently asked to imagine the next constitutional amendment. Before that, Democracy: A Journal of Ideas gathered a bunch of academics to draft a more progressive Constitution for our times, while the National Constitution Center did the same thing with separate teams of liberals, conservatives and libertarians. Hashtags for imaginary draft constitutions are trending.

Those interesting and laudable efforts are the very definition of creativity. Fictional Framers are being asked to create new constitutions for the 21st century, ones that respond to the hyper-polarization of the moment. The drafters of these invented texts are no doubt influenced by the Trump presidency, the “woke” culture, political tribalism, the pandemic, regional distinctions, and on and on. Unsurprisingly, the progressive drafters emphasize rights, while the conservatives focus on the side of federalism and state power. The libertarians, in contrast, try to reduce government’s imprint while championing individual freedom. In the end, the dialogue is both fascinating and enlightening.

It is also distinctly American.

The United States should be proud of its tradition as a constitutional innovator. Political entrepreneurs were born alongside the new nation. John Dickinson, the primary author of the Articles of Confederation, was a dreamer. So was James Madison, and James Wilson, and Gouverneur Morris, and Alexander Hamilton, and all their colleagues who huddled under a hot Philadelphia sun in 1787 to craft a fresh legal charter. Similarly, state constitutional drafters number in the thousands. State leaders have assembled more than 160 times in American history to rewrite their fundamental documents.

These individuals shared an admirable audaciousness. What they also shared was a fervent commitment to see the constitution-making project through. Each was able to translate their vision for a “more perfect union” into an actual, tangible and eventually ratified constitution. They were critics of the political order they saw outside their windows, and they did something about it.

There are similar constitutional dreamers among us today. Hundreds of them. And yet there is little appetite to take their promising ideas and turn them into a new Constitution. The question is why. I would point to at least six different reasons.

  1. The fear of a runaway convention: There is concern that every clause, safeguard and protection in the Constitution would be fair game for revision.
  2. The polarization of America: There is concern that liberals and conservatives could never agree on any reforms to the Constitution.
  3. The challenge of representation: How do we decide who should be at the drafting convention and who should not?
  4. America is not really in crisis: Constitutions are generally born out of crises (civil wars, coups, economic disasters, etc.). We are experiencing political malaise right now, but not a genuine crisis.
  5. The sacred Constitution: For millions of Americans, the Constitution is still sacred. Flawed? Sure. But not irredeemable.

There are more reasons, of course. But these are the main sticking points, and they appear to be intractable. Calls for a constitutional convention — a return to Philadelphia of sorts — pop up fairly often. We should welcome them. Conversation about political improvement begets further conversation. Indeed, it is a demonstration of the strength of our constitutional republic that Americans are encouraged to interrogate the nation’s first principles.

Attempts to rewrite the Constitution are inevitably speculative — hypothetical, academic, abstract — mostly because few believe we’ll soon invoke an Article V constitutional convention. That should not diminish the importance of these imaginary efforts, however, or of the more conventional creative approaches to thinking about our current political and social problems. The U.S. Constitution is the most innovative political invention in the post-Enlightenment age. The way we talk about it should be equally creative.


Read More

Newspapers folded over.

Nearly 40% of Maryland newspapers question whether they will be able to operate without more funding within the next two years.

Adobe Stock

MD Bill To Support Local News Appears Unlikely To Pass This Session

As Maryland’s legislative session winds down, a bill in the General Assembly intended to support local newspapers across the state appears unlikely to pass.

The Local Newspapers for Maryland Communities Act would have required the state government to spend 50% of their print and digital advertising budget on local outlets in the state. The bill does not favor any particular news outlets, rather stipulating that organizations must produce original local content and have at least one reporter in or around Maryland.

Keep ReadingShow less
House Bill Pushes Bipartisan Effort to Tackle Federal Benefits Fraud, Refocusing from Immigration

Expert witnesses testify on the issues facing federal benefits programs run by states at a House Government Operations hearing on Wednesday, April 15, 2026.

(Photo by Naisha Roy | Medill News Service)

House Bill Pushes Bipartisan Effort to Tackle Federal Benefits Fraud, Refocusing from Immigration

WASHINGTON — Rep. Pete Sessions, R-Texas, introduced a bill Wednesday morning that would create a permanent U.S. Treasury Inspector General position for fraud accountability as part of a broader effort to crack down on the misuse of federal benefits.

The bill would offer an alternative, bipartisan way to prevent federal benefits fraud, after several months of politically charged congressional hearings.

Keep ReadingShow less
Trump Wants To Kill Your Moon Joy

In this handout image provided by NASA, As the Artemis II crew flew over the terminator, the astronauts described this boundary between day and night as "anything but a straight line." Crater rims along the terminator stand out as "islands" in the night.

Photo by NASA via Getty Images

Trump Wants To Kill Your Moon Joy

Just last week, four astronauts left Earth’s orbit, journeyed around the moon, and returned safely home. In the midst of new lows for humanity–like someone threatening to destroy an entire civilization when they have the resources to actually do it–the human race is simultaneously reaching new heights. It is marvelous, miraculous, and a milestone for all humans to celebrate. It is almost unthinkable, however, that at this moment, as the world rallies behind NASA in amazement, Trump is dismantling many of its programs, threatening to slash its budget, and generally working to kill your “moon joy.” Houston, we have a problem.

Artemis II hit close to home for me. The astronauts splashed down off the coast of San Diego, where I was stationed as a Navy pilot for the last eight years. More astronauts come from Naval aviation than anywhere else, and I am proud to wear the same wings of gold as two members of the crew. Following multiple deployments as a pilot, I certified aviation departments of surface vessels and helped deploy tactical air control squadrons aboard them; one of those vessels is where the astronauts landed after getting scooped out of the ocean by H-60 helicopters, the aircraft I flew during my service. All to say: I know intimately the preparation, technical rigor, talent, and coordination required for even relatively insignificant pieces of a mission of astronomical proportions. If we want to shoot for the stars, then we'd better recommit ourselves to what gets us there: science and DEI.

Keep ReadingShow less
Capitol Building of USA

Senate votes increasingly pass with support from senators representing a minority of Americans, raising questions about representation, rules, and democracy.

Getty Images, ANDREY DENISYUK

Record Number of Bills and Nominations Passed With Senators Representing a Population Minority

From taxes to the environment to public broadcasting like PBS and NPR, the Senate has recently passed record levels of legislation and confirmed record numbers of nominations with senators representing less than half the people.

Using historical data, GovTrack found 56 examples of Senate votes on legislation that passed with senators representing a “population minority.” 26 of those 56 examples, nearly half, have occurred since President Donald Trump’s current term began.

Keep ReadingShow less