But seriously, since we’re brainstorming about silver-bullet fixes, here’s my own suggestion. Subscribe today for less than $2 an issue. USA TODAY | December 03 2004 LOS ANGELES — Abolishing slavery. Nothing could be more inconsistent with the conception of the living Constitution than an unamendable amendment or an amendment authorizing unamendable amendments and which by its own terms is unamendable. How often, and how, should they change? THE LIBERAL Should the Constitution Be Amended? Both amendments would be a help in terms of limiting public debt and forcing voters to prioritize. The U.S. can learn something from this little history lesson. The histories of the U.S. and Indian constitutions show two related political and legal systems evolving over time, their variations underwritten by their country's historical experiences. > What U.S. constitutional amendment would you like to see? The legislature's social welfare programs were responses to the needs of an economically desperate polity; the court answered by reasserting the needs of the "business class" and the "haves." Why should geographical boundaries have a "weight" on something as important as an election? On the proposal to shift to a federal form of government to boost local autonomy, the proponents obviously want to imitate the American federal system. Note: The Supreme Court has effectively ratified the ERA already, through judicial precedents. In 1947, Justice Felix Frankfurter wrote to a member of India's drafting committee, Sir Benegal Narsing Rau, advising him to delete references to "the due process of law" from the working draft of the Constitution of India. Philadelphia, PA 19106. We’re going to keep flailing around. Amending the Constitution of India is the process of making changes to the nation's fundamental law or supreme law. Generally, there are valid reasons why a constitution should not be very easily amended. For answers, one might look at the US Constitution as a perfect example. I want a Supreme Court that will be bold from time to time, as in Brown v. Board of Education, and, yes, Roe v. Wade. There is one part of the Constitution - and only one part - that its authors felt was so important that it could never be The truth is that Buhari is doing very well in all sectors of the economy, don't mind some IPOBs trying to paint him bad. The U.S. and Indian constitutions diverge in their "stability" or "flexibility." Once we allow any of the Amendments to be tampered with in any way, we lose our Constitutional rights. Unfortunately, they wouldn’t do much to address rogue courts or … I think it is important because that way if a law or rule does not work out the way it should have, or problems come up, you can change it to better fit the needs of the people. In 1947, as India looked ahead to its nascent republic status, its new Constituent Assembly planned extensive land reforms. at 3 percent of total federal outlays. The Week magazine tells you all you need to know about everything that matters. From Greve’s account, it sounds as if most if not all of the gathered experts agreed that it should. This kind of recipe for political instability is precisely the worry cited by those who resist attempts to make it easier to amend the U.S. Constitution. The Constitution is a living and evolving document. Amending the Constitution is a rare and daunting task. A bunch of ideas were thrown out. In India, Article 356, which allows for the suspension of state legislative assemblies to permit "direct rule by the center," has provoked considerable critique, while in the U.S., the Second Amendment is a source of perpetual political and legal discord. Giving women the vote. But all of this presupposes the answer to a more important and in some ways more interesting question, namely: Do we really need to amend the Constitution? Imagine the family conversations when those bills start arriving. But only in ways that force us to follow the Constitution we already have.’. In fact, ours derives from a number of sources, some written, and others universally accepted such as the ever growing amount of practical case laws. Op-ed: Those who oppose originalist interpretation of the U.S. Constitution are not “rewriting history.” The gardener respects his plants by tending to them, not letting them grow unchecked. But how? Why We Should Amend The Constitution To Restrict The President’s Power To Pardon Reining in the power of the executive, ever so slightly, might not be the worst idea. Like me, this site is wonkish, reform-minded, patriotic, and optimistic. There was disagreement over precisely how difficult or easy it should be to change the Constitution; but almost nobody argued that change should not be possible. Lastly, to minimize the expressive impact of "due process of law," that phrase was replaced by "procedure established by law." If it ain't broke, don't fix it. If “The Liberty Amendments” can help foster a national debate about which corrective actions, including constitutional amendments, are needed to increase liberty and prosperity… However, if you are interested, I tend to oppose laws against Flag desecration. Amending the Constitution to make it easier to amend might never de-politicize the courts, but it would shift more of the political battle away from them, which is a good thing. Should the UK constitution remain un-codified? Americans pride themselves on their pragmatic and innovative nature; that self-image should suggest that the all-American thing to do is to desacralize the U.S. Constitution, remove it from the pulpit, and put it in its place, a toolbox of governance, there to be used and modified to — as the U.S. framers of the Constitution put it — "make a more perfect union.". Jefferson calculated, using actuarial tables, how often this should be: 19 years. The other way to limit a constitutional power is, of course, to amend the Constitution. That would help control the problem of tax money being raised by one set of politicians (the feds) and handed out by another set (the states), which merely whets the electorate’s appetite for more government than it is willing to pay for in taxes. This article was originally published by Aeon, a digital magazine for ideas and culture. Realistically, of course, we’re not going to follow the Constitution. In his characteristically gracious closing remarks, Michael McConnell noted the incongruity: for all the present discontent with the state of James Madison’s state there doesn’t seem to be a lot of enthusiasm for any particular amendment. The Indian and U.S. supreme courts both enjoy the power of judicial review, to declare acts of other branches of government illegitimate, and so a measure of "supremacy" over their respective legislative branches. Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window), Click to share on LinkedIn (Opens in new window), Click to share on Tumblr (Opens in new window), Click to share on Pocket (Opens in new window), Click to email this to a friend (Opens in new window), Military Groups Oppose GOP Malpractice Reform, Michael Greve proposes two constitutional amendments, a guaranteed-to-work enforcement mechanism. Every constitution offers a particular set of solutions to a social, economic, and cultural context. A related critique is that the Charter’s amendments should not include a supremacy clause as in Article 79. There have been over 11,000 attempts to amend the US Constitution since it was ratified in 1788. When it was ratified in 1789, the U.S. Constitution didn’t just institute a government by the people. Changes (amendment) to the US Constitution can bring far-reaching and unanticipated effects, or, (as with the 16th amendment) may not so directly a Continue Reading the amendment process is designed to provide stability during times when the States (or, the general populace among the States) may become fiercely (that is, evenly) divided of politic/opinion. And while 65% of those ages 18 to 29 support having the popular vote Have Democrats stumbled onto a recipe for winning in the South? The Second Amendment has come under increasing scrutiny in the wake of recent mass shootings at schools and various public venues, and some aim to amend the amendment to exclude assault-type weapons or even to repeal the amendment entirely. Law, when it emerged in the great ancient Mesopotamian civilizations, was a "tool of government." The Founding Fathers believed it should not be easy to amend the U.S. Constitution. America prides itself with a leader of Justice Frankfurter's logic was simple. …. Reason: Amendments at Will. What good is a constitution if it can be amended at any point in time, including amendments that un-amend old amendments. Should the Constitution be amended to allow Presidents to claim themselves the victors of an election despite the vote? The first version of the due process clause in the Constitution of India had read: "Nor shall any State deprive any person of life, liberty, and property without due process of law." {edit/add} The Challenge may be either to vacate or modify the original decision. Greve’s other proposed amendment would cap federal transfer payments to state and local governments (and their various chartered corporations, government-sponsored enterprises, etc.) I asked a simple question, I expressed no opinion. Greve suggests, and I agree, that it’s because we don’t agree on what ails us. Such a demystified, pragmatic view of law suggests legal constitutions are technologies for governing, designed and implemented to bring about socially negotiated outcomes. Constitution seem clear: it needs to be amended so that the constitutionality of the SDF is af³rmed without reservations. The U.S. Constitution is very difficult to change and, thanks to a religious American sensibility that treats it as a sacral document, it has simply not evolved… Follow him at deanclancy.com or on twitter @deanclancy. Critics argue the country would benefit from a constitutional overhaul, or at least an update, but lament the arduous path to amending it. The lone proposal to garner a two-thirds majority was the actual Equal Rights Amendment that cratered back when. So why change the Constitution? The second clause, would allow States to challenge any Supreme Court decision. The Constitution of Australia (or Australian Constitution) is a written constitution that is the supreme law of Australia. But then again, Greve does make a pretty persuasive case for keeping amendments short and sweet. News, author interviews, critics' picks and more. By Richard Rahn - August 28, 2013 Email Print Comments What amendments to the U.S. Constitution, if any, would you … Unfortunately, they wouldn’t do much to address rogue courts or lawmakers who simply ignore the Constitution. Japan must render money, sweat, and blood for the preservation of peace in the world. Why is that? The very difficulty of amending the Constitution greatly increases the importance of Supreme Court decisions interpreting the Constitution, because reversal of the Court's decision by amendment is unlikely except in cases when the public's disagreement is intense and close to unanimous. To date, Congress has submitted 33 amendments, 27 of which were ratified by the states. Thomas Jefferson suggested that every generation of Americans should draft its own version to meet the particularities of its time. Then our minds will be concentrated. Why the Constitution should not be amended. Although thousands of amendments have been discussed since the original document was approved in 1788, there are now only 27 amendments in the Constitution. Currently, once the Supreme Court makes a decision, the only recourse is for Congress to (re)write and pass a law or amend the Constitution. Even though the Serbian constitution can be amended, this has never happened even once ever since the document was adopted and implemented in 2006 when Montenegro declared its independence from Serbia after an independence referendum was won. Amendments to the Constitution should not be updated or changed. Case in point: the 18th amendment, which prohibited alcohol, only to have the amendment itself prohibited by the 21st amendment. Are we witnessing the fall of the United States? The changes made in the constitution will … In his new book, Six Amendments: How and Why We Should Change the Constitution, John Paul Stevens argues for amending the Constitution to promote democracy and rights. That’s why, ethnic parties need to win victory in ethnic areas.” That’s why, ethnic parties need to win victory in ethnic areas.” Friday, November 06, 2020 The U.S. Constitution is very difficult to change and, thanks to a religious American sensibility that treats it as a sacral document, it has simply not evolved, impervious to the changing needs of a growing and progressing nation and world. The widespread belief is that the American constitutional republic, if not actually broken, is in a state of disrepair. The Constitution of India suffers from the converse flaw; in less than 75 years, it has been amended, at last count, 103 times. I call it the ‘Do Your Job Amendment.’ The goal is similar to Greve’s—to limit public debt—but with an added (and crucial) ingredient: a guaranteed-to-work enforcement mechanism. Third, an … We need to rewrite the constitution if it cannot be amended. 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