Erwin Chemerinsky, the dean of the University of California at Berkeley’s law school, appeared on MSNBC’s Morning Joe to discuss his new book, “No Democracy Lasts Forever: How the Constitution Threatens the United States.” During the interview, Chemerinsky made the controversial statement that the U.S. should adopt a new constitution, claiming that failing to do so would lead to authoritarianism and potentially even secession.
Chemerinsky pointed to various constitutional provisions that he believed were “undermining democracy,” such as the equal representation of states in the Senate and lifetime tenure for Supreme Court justices. He argued that these choices made in 1787 were no longer appropriate for the current political climate and needed to be addressed in a new constitution.
However, many people might question Chemerinsky’s assertion that the Constitution is a threat to democracy. In fact, the Constitution has withstood the test of time for over two centuries and has been a cornerstone of American democracy. It has been a source of stability and continuity through numerous political and social changes.
Chemerinsky also failed to acknowledge the importance of the checks and balances built into the Constitution, which prevent any one branch of government from becoming too powerful. The Electoral College, for example, ensures that all states have a say in the election of the president, preventing larger, more populated states from dominating the political landscape. The Senate, with its equal representation of states, also serves as a safeguard against potential tyranny of the majority in the House of Representatives.
Furthermore, lifetime tenure for Supreme Court justices serves an important role in ensuring the independence and impartiality of the highest court in the land. Justices can make decisions without fear of political backlash or pressure, allowing them to interpret the law based on its merits rather than political considerations.
While it is true that the country is currently divided and polarized, scrapping the Constitution and starting from scratch is not the solution. In fact, such a move could further deepen the divide and lead to more instability. The process of drafting and ratifying a new constitution would be long and arduous, and there is no guarantee that the end result would be better than the current one.
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Law School Dean Tells MSNBC It's Time To Scrap Constitution pic.twitter.com/ZzAVv7oQtt
— Daily Caller (@DailyCaller) August 30, 2024
Ultimately, the Constitution was designed to be a living document, capable of being amended and adapted to changing times. It is not perfect, and there may be changes that need to be made, but abandoning it completely is not the answer. Instead, we must look to our leaders and ourselves to uphold the principles and values of the Constitution in our daily lives and work towards a more perfect union.
Chemerinsky’s call for a new constitution is misguided and overlooks the enduring strength and importance of the current one. The Constitution may have its flaws, but it remains a vital safeguard for democracy and should be respected and upheld, rather than discarded in favor of uncharted territory.