The Constitution is more dedicated to protecting states than people. And whats worse, basic rights can disappear when you cross those arbitrary lines exactly the problem the court is set to exacerbate.
Theres still some good in it.
If courts were to examine that the Constitution has three distinct clauses to protect unenumerated rights a huge range of rights, such as privacy, travel, and voting, that we frequently exercise without necessarily even thinking of them as rights we might gain real protections for them. If the Reconstruction Amendments (13th, 14th, and 15th) were actually enforced with their intended abolitionist meanings rather than through a Lost Cause-revisionist lens, theyd allow our government to really help its people. But even the U.S. Congress that passed the 13th and 14th Amendments was composed entirely of White men, and the state legislatures that ratified them were composed almost entirely of White men (and were exclusively men).
While those were some of the best 19th century White men we had in this country, they still had to take positions of compromise to get their amendments passed. Those compromises left openings for bad-faith conservative arguments to dominate 14th Amendment jurisprudence, which basically covers the entire constitutional basis for modern civil rights.
But stronger rights protections wouldnt solve the Constitutions legitimacy problem, nor would it redress the fundamental unfairnesses of how it allocates political power. Apportioning representation based on arbitrary lines drawn centuries ago is such an obvious problem that even the British managed to solve it more than a hundred years ago! But then, thats one of the hardest parts of the Constitution to change. The Constitution is more dedicated to protecting states than people. And whats worse, basic rights can disappear when you cross those arbitrary lines exactly the problem the court is set to exacerbate. It would be easier to take the best bits of the Constitution and put them into a new one than to fix the current one.
The good we could do in a new constitution is immense. Peoples votes could be given the same weight regardless of where they lived through a voting system such as proportional representation. We could do away with federalism, the system of concurrent government by both a state and national government, reserving exclusive power over certain issues to each. The states sovereignty isnt any more legitimate than the Constitution, and they make very little sense as a way of governing a highly mobile population.
We could abolish the Senate and establish a unicameral legislature focused on governing in line with the will of the people. We could limit the judiciarys power of review with specific guidelines. Rather than letting the judiciary set the weight a particular right is granted in analyzing legislation, we could specify that rights are to be restricted only in a manner consistent with a free and democratic society. We could actually set out to protect human rights in a modern sense.
We could end the unitary executive and, with it, the imperial presidency, which historian and author Arthur M. Schlesinger Jr. described as the creep of executive authority beyond the control of Congress or the Constitution. Our expensive and shameful foreign military endeavors would be limited to our treaty obligations and those approved by the legislature.
What we could accomplish through drafting a new constitution is limited largely by our imaginations and the hard work of compromise. We could build an abolition democracy.
If the new constitution is to be legitimate, though, it must be drafted and adopted through democratic processes. The delegates to such a convention must include as large a cross-section of American society as possible, particularly ensuring the interests of marginalized people are represented. Americans of nearly every substantial population across race, ethnicity, religion, gender, sexuality, ability, and class must be included.
Ideally, the delegates would be chosen by the groups whose interests they represent and given voting power in proportion to those populations. The distribution of such representatives must be intersectional, so marginalized groups are not represented disproportionately by their least marginalized members. To build a representative democracy, it must be designed through democratic processes by a truly representative body.
We must not, in this process, fear an excess of democracy.
Ancient democracies, such as Athens, Megara, and Rhodes, audited the selection of representatives to ensure balance among competing interests. Unlike them, however, and unlike the American founders, we must ensure this new founding does not privilege the wealthy and powerful through anti-democratic processes and institutions. The lines of balance must not be drawn along the points of conflict but rather in line with the population.
This country has fewer than a thousand billionaires; they should have less clout in this new founding than, say, Lakota, atheists, Afghan refugees, or nonbinary people. And, more critically, substantially less than the working class.
As a practical matter, its unwieldy to split communities too finely, and some similar interests would need to be grouped to keep the convention workable at a few thousand delegates. But groups composed of millions of Americans should have proportionate strength in negotiating and drafting a new constitution. By beginning with a document developed by a diverse and inclusive group, we can establish a legitimate government of a pluralistic democracy.
Brandon Hasbrouck is a Washington and Lee University School of Law assistant professor who researches and teaches in the areas of criminal law, criminal procedure, movement law, and abolition.
See the rest here:
The case for overhauling the Constitution - The Boston Globe
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- Campaign for the Abolition of Terrier Work - Badger Baiting - December 10th, 2016 [December 10th, 2016]
- Trump's Big Lie About 3 Million "Alien Voters" Cuts Far Deeper Than You Think - Truth-Out - February 7th, 2017 [February 7th, 2017]
- High time for states to invest in alternatives to migrant detention - ReliefWeb - February 7th, 2017 [February 7th, 2017]
- Industry calls for better cooperation from TWU on safety for truckies - ABC Online - February 7th, 2017 [February 7th, 2017]
- Indian Govt's Abolition of FIPB Will Help Spur Up Foreign Investments - Entrepreneur - February 7th, 2017 [February 7th, 2017]
- Donald Trump 'taking steps to abolish Environmental Protection Agency' - The Guardian - February 7th, 2017 [February 7th, 2017]
- Indian sex worker groups slam global conference on abolition of ... - Reuters - February 7th, 2017 [February 7th, 2017]
- Mayoral candidate calls for abolition of Cleveland Police - Hartlepool Mail - February 7th, 2017 [February 7th, 2017]
- Exploiting black labor after the abolition of slavery - Baraboo News Republic - February 7th, 2017 [February 7th, 2017]
- Justice Ginsburg Backs Abolition Of The Electoral College - Daily Caller - February 7th, 2017 [February 7th, 2017]
- Mrs. Clinton Is Not the Future - National Review - February 8th, 2017 [February 8th, 2017]
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- Judicial review is government at work - The Independent Florida Alligator - February 9th, 2017 [February 9th, 2017]
- Did Darwin's theories on evolution encourage abolition of slavery? - Washington Post - February 9th, 2017 [February 9th, 2017]
- Italy sets up fast-track asylum courts for migrants - The Local Italy - February 11th, 2017 [February 11th, 2017]
- Pope Francis on death penalty - Philippine Star - February 11th, 2017 [February 11th, 2017]
- The Abolition of Man - Wikipedia - February 12th, 2017 [February 12th, 2017]
- Justice Ginsburg Expresses Concern About Anti-Immigrant Sentiment - Daily Caller - February 13th, 2017 [February 13th, 2017]
- Protests as Iowa considers its own 'Scott Walker bill' - Washington Examiner - February 13th, 2017 [February 13th, 2017]
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- A People's Globalism: Notes Toward a New Left Internationalism - The Nation. - February 16th, 2017 [February 16th, 2017]
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- The myth of the alpha leader is destroying our relationshipsat work and at home - Quartz - February 16th, 2017 [February 16th, 2017]
- Equalities Secretary to seek UK assurances over benefits after ... - AOL Money UK - February 18th, 2017 [February 18th, 2017]
- My Turn: Make no mistake President Trump is the enemy - Concord Monitor - February 20th, 2017 [February 20th, 2017]
- The redeeming chaos of a bull in the government china shop - Charleston Post Courier - February 20th, 2017 [February 20th, 2017]
- Govt mulls abolition of parallel degree programs in public varsities ... - Capital FM Kenya (press release) (blog) - February 20th, 2017 [February 20th, 2017]
- Westminster warned against benefits 'claw back' once 'bedroom tax' abolished in Scotland - Scottish Housing News - February 20th, 2017 [February 20th, 2017]
- Fighting voter ID laws in the courts isn't enough. We need boots on the ground - Los Angeles Times - February 21st, 2017 [February 21st, 2017]
- Manchester's transformation over the past 25 years: why we need a reset of city region policy - EUROPP - European Politics and Policy (blog) - February 22nd, 2017 [February 22nd, 2017]
- UK's 'lower-ranked' universities take non-EU students hit - Times Higher Education (THE) - February 23rd, 2017 [February 23rd, 2017]
- Age Action calls on TDs to back Bill abolishing mandatory retirement ... - BreakingNews.ie - February 23rd, 2017 [February 23rd, 2017]
- Labor won't fight any Fair Work Commission decision to cut Sunday penalty rates: Bill Shorten - Great Lakes Advocate - February 23rd, 2017 [February 23rd, 2017]
- Molly McGrath: Fight ID laws one voter at a time - Virginian-Pilot - February 24th, 2017 [February 24th, 2017]
- Jim Goetsch: Abolition of abortions means changing the way we think - The Union of Grass Valley - February 24th, 2017 [February 24th, 2017]
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- Frederick Douglass Park: We're Fixing Our Typo! - Nashville Scene - February 24th, 2017 [February 24th, 2017]
- Abolishing provincial championships only way to cure fixture ... - Irish Independent - February 25th, 2017 [February 25th, 2017]
- 'Retirement should be an option' - plan to abolish retirement age welcomed - thejournal.ie - February 27th, 2017 [February 27th, 2017]
- Labor won't fight any Fair Work Commission decision to cut Sunday penalty rates: Bill Shorten - Western Advocate - February 27th, 2017 [February 27th, 2017]
- Committee expected to recommend 100m water charges refunds to those who have paid up - Irish Independent - February 28th, 2017 [February 28th, 2017]
- Sinn Fein attacks schools minister over plan to merge two transfer tests - Belfast Telegraph - February 28th, 2017 [February 28th, 2017]
- 'As a lecturer in the 1980s, I kept my sexual orientation to myself' - Times Higher Education (THE) - February 28th, 2017 [February 28th, 2017]
- Dutch Elections: 'Anti-Racist' Party Will Ban 'Black Pete' Traditional Children's Character - Breitbart News - March 1st, 2017 [March 1st, 2017]
- Molly J. McGrath: Fight ID laws one voter at a time - Herald & Review - March 1st, 2017 [March 1st, 2017]
- Coveney says he will not legislate for water charges abolition as it would be illegal - thejournal.ie - March 1st, 2017 [March 1st, 2017]
- Taoiseach refuses to back down on water - Newstalk 106-108 fm - March 2nd, 2017 [March 2nd, 2017]
- Crackdown looms for work-related tax deductions - Whitsunday Times - March 3rd, 2017 [March 3rd, 2017]
- We are sick of being told what to do, says Freddie Forsyth - Express.co.uk - March 4th, 2017 [March 4th, 2017]
- Corruption: Abolish security votes, peg minimum wage at N50,000 Ekweremadu - Vanguard - March 4th, 2017 [March 4th, 2017]
- Religious bodies misguided - Trinidad & Tobago Express - March 6th, 2017 [March 6th, 2017]
- *M*A*S*H star speaks out against death penalty - Seacoastonline.com - March 6th, 2017 [March 6th, 2017]
- Immigration under capitalism: Life and death along the US-Mexico border - World Socialist Web Site - March 7th, 2017 [March 7th, 2017]
- 'MARCH 4 TRUMP': About 100 demonstrators gather at Kentucky Capitol - Hopkinsville Kentucky New Era - March 7th, 2017 [March 7th, 2017]
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- Marc Lamont Hill's one-sided view of racism in the Middle East - Jerusalem Post Israel News (blog) - March 8th, 2017 [March 8th, 2017]
- Close-Up: Ava DuVernay - Varsity Online - March 8th, 2017 [March 8th, 2017]
- OPINION: Grammar knows best - NW Evening Mail - March 8th, 2017 [March 8th, 2017]
- Women worldwide skip work to protest pay gap, abortion laws and Donald Trump on International Women's Day - Mirror.co.uk - March 9th, 2017 [March 9th, 2017]
- Self-employed hit by national insurance hike in budget - The Guardian - March 9th, 2017 [March 9th, 2017]
- How Republicans Might Fudge the Numbers to Make Their Health Care Bill Seem Less Irresponsible - New York Magazine - March 10th, 2017 [March 10th, 2017]
- Who's who in Dutch politics - SBS - March 10th, 2017 [March 10th, 2017]
- Pauline Hanson still a work in progress after all these years - The Australian Financial Review - March 10th, 2017 [March 10th, 2017]
- Workers Struggles: Asia, Australia and the Pacific - World Socialist Web Site - March 11th, 2017 [March 11th, 2017]
- Junior Culture Minister calls Phagwah Festival of Lights - Demerara Waves - March 11th, 2017 [March 11th, 2017]
- Tory backbenchers warn over 'death tax' probate fees hike announced in Budget - AOL UK - March 11th, 2017 [March 11th, 2017]
- With govt notification, orderly system finally out - Times of India - March 11th, 2017 [March 11th, 2017]
- The tax hike for the self-employed isn't actually going to happen - The Independent - March 11th, 2017 [March 11th, 2017]
- Globalization Is Just a Contemporary Word for Financial Colonialism - Truth-Out - March 12th, 2017 [March 12th, 2017]
- Gordon Robinson | Taxed up the ass - Jamaica Gleaner - March 12th, 2017 [March 12th, 2017]
- President Trump needs to score some legislative wins - The Desert Sun - April 8th, 2017 [April 8th, 2017]
- The Quietus | Features | Craft/Work | Colouring Out: Queer British Art ... - The Quietus - April 8th, 2017 [April 8th, 2017]
- European Parliament vote doesn't mean abolition of visas yet - Poroshenko - Interfax - April 8th, 2017 [April 8th, 2017]
- Why The Tories Are Not My Cuppa - HuffPost UK - June 6th, 2017 [June 6th, 2017]
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- NYC college offers Abolition of Whiteness course - My9NJ - June 6th, 2017 [June 6th, 2017]
- New York public college offering course called 'Abolition of Whiteness' - Fox News - June 6th, 2017 [June 6th, 2017]