The concept of reworking, rather than rewriting, the U.S. Constitution has been a topic of debate. As one of the oldest documents in our country, the Constitution serves as a model for governance, a rule of law, and a catalyst for some of the nation’s most divisive debates1. Joining the show to discuss the topic is Jason DeCuir from Advantage Consulting. Here are some key points:
- Flexibility and Judicial Review: The U.S. Constitution is unique in its flexibility. It is concise and bare bones, allowing for adaptability over time. The need for formal constitutional changes diminishes due to judicial review, where courts interpret and apply the Constitution to modern contexts2. This flexibility has contributed to its longevity.
- The Articles of Confederation: The United States’ first constitution, the Articles of Confederation, was ratified in 1781 but proved ineffective. It left the central government weak, unable to collect taxes, and reliant on states for funding. Issues like the lack of a common U.S. currency and difficulty in amending the Articles led to its demise3.
- Constitutional Convention: In 1787, delegates gathered in Philadelphia to address the shortcomings of the Articles. Initially intending to “tweak” the existing document, they ended up drafting a new constitution. The framers provided two ways to amend it: through Congress proposing amendments or through a constitutional convention. However, the latter has never been used3.
In summary, while some argue for a constitutional rewrite, the current Constitution’s flexibility and adaptability have allowed it to endure for over 230 years. Rather than starting from scratch, reworking specific aspects within the existing framework remains a viable approach to address contemporary challenges1.